HomeMy WebLinkAboutCity Council Ordinance 1996-30CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 96- 30_
AN ORDINANCE AMENDING CHAPTER VI
OF THE PLYMOUTH CITY CODE
REGARDING SAUNAS
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Chapter VI, Section 615 of the Plymouth City Code is hereby amended
by eliminating sauna requirements from this section of the code as follows:
Section 615 - Saunas Massage Therapy Center Businesses
615.01. Policy; License Required. Subdivision 1. Findings; Policy. It is found and
determined that Massage Therapy Center businesses are particularly subject to
abuses which are contrary to the morals, health, safety and general welfare of the community.
Further, it is found that control of these abuses requires intensive efforts of the police
department as well as other departments of the City. These efforts exceed those required to
control and regulate other business activities licensed by the City. This concentrated use of
City services tends to detract from and reduce the level of service available to the rest of the
community and thereby diminishes the ability of the City to promote the general health,
welfare, morals and safety of the community. (Ord. 95-21, 04104195)
Subd. 2. General Rule; Number of Licenses. No person shall engage in the business
of operating a Suer Massage Therapy Center business either exclusively or in connection
with any other business without being licensed as provided in this Section .. "'�_`
S,.....a lice ftse,. wliieh _. , 1.e i F,.ree a+ affy e +4. shall_hyo. (Ord. 95-21, 04104195)
Subd. 3. Exceptions. Sports and fitness clubs as defined in the Plymouth Zoning
Ordinance are exempt from the licensing requirement of this Section.
615.03. License; Application. Application for a Saana, er Massage Therapy Center license
shall be made on forms provided by the City Manager. The application shall contain:
(a) A description of the property to be used;
(b) The names and addresses of the owner, lessee, if any, and the operator or
manager;
(c) The names, residences and addresses of two persons, residents of Hennepin
County, who may be referred to as to the applicant's, the manager's or
operator's character;
(d) Whether the applicant, manager or operator has ever been convicted of a crime
or offense other than a traffic offense and, if so, information as to the time,
place, and nature of such crime or offense; and
(e) Such other information as the City Manager may require.
Ord. 96-30, Page 2
If the application is made on behalf of a corporation or a partnership, it shall be accompanied
by appropriate business records showing the names and addresses of all individuals having an
interest in the business and, in the case of.a corporation, the names and addresses of the
officers and shareholders. Applicants shall furnish to the City with their application,
documents establishing the applicant's interest in the premises on which the business will be
located. Documentation shall be in the form of a lease, a deed, a contract for deed or any
other document which establishes the applicant's interest. The applications for license shall be
signed and sworn to. If the application is by a natural person, it shall be signed and sworn to
by such person; if by a partnership, by one of the partners; and if by an unincorporated
association, by the manager or managing officer thereof.
(Ord. 95-21, 04104195)
615.05. License Fees and License Year. The initial application and license fee is fixed by
Chapter X. The application, investigation, and license fees shall be paid when the application
is filed. In the event that the application is denied or in the event that the license once issued is
revoked, canceled, suspended or surrendered, no part of the annual fee shall be returned to the
applicant unless by Council action. A separate license shall be obtained for each place of
business. The licensee shall display the license in a prominent place in the licensed business at
all times.
(Ord. 95-21, 04104195) (Ord. 95-42, 08115195)
615.07. Granting or Denial of Licenses. License applications shall be reviewed by the police
department, planning department, county health department and such other departments as the
City Manager shall direct. The review shall include an inspection of the premises covered by
the application to determine whether the premises conform to all requirements of this Code.
Recommendations of each department shall be made in writing to the Manager. Thereafter,
licenses shall be granted or denied by the Manager subject to the provisions of this Section.
The applicant may appeal to the City Council from the Manager's decision.
615.09. Conditions Governing Issuance.
(a) No license shall be issued if the applicant or any of its owners, managers,
employees or agents is a person of bad repute.
(b) Licenses shall be issued only if the applicant and all of its owners, managers,
employees and agents are free of convictions for offenses which involve moral
turpitude or which relate directly to such person's ability, capacity or fitness to
perform the duties and discharge the responsibilities of the licensed activity.
(c) Licenses shall be issued only to applicants who have not, within one year prior
to the date of application been denied licensure; or who have not within such
period bad a same or similar license revoked.
(d) Licenses shall be issued only to applicants who have provided all of the
information requested in the application, have paid the full license fee and have
cooperated with the City in review of the application.
(e) If the applicant is a natural person, a license shall be granted only if such
person is 18 years of age or older.
(f) Licenses may be granted only for locations in the districts classified as non-
residence districts under the Zoning Code and subject to the provisions of the
Zoning Code.
Ord. 96-30, Page 3
(g) Licenses shall be granted only to establishments which meet the safety,
sanitary and building code requirements of the State and City.
(h) A license shall not be granted if granting the license would be inconsistent with
the Comprehensive Plan of the City, or would otherwise have a detrimental
effect upon other property or properties in the vicinity.
(i) The establishment shall meet the requirements of Section 615.13. (Ord. 95-
21, 04104195)
615.11. Restrictions and Regulations. Subdivision 1. Compliance with Law. The licensee
and the persons in its employ shall comply with all applicable regulations and laws of the City
and State relating to safety and morals.
Subd. 2. Person in Charge: Manager. If the licensee is a partnership or a
corporation, the applicant shall designate a person to be manager and in responsible charge of
the business. The manager shall remain responsible for the conduct of the business until
another suitable person has been designated in writing by the licensee. The licensee shall
promptly notify the police department in writing of any such change indicating the name and
address of the new manager and the effective date of such change.
Subd. 3. Employ. The licensee shall furnish the police department with a list of
current employees indicating their names, addresses and which employees are practicing
massage as part of their duties. The licensee shall promptly notify the police department of
any change in the list.
Subd. 4. Hours. The licensed premises shall not be open for business nor shall
patrons be permitted on the premises between the hours of 1:00 a.m. and 6:00 a.m. of the
same day.
Subd. 5. Inspection. The licensee shall permit and allow the inspection of the
premises during business hours by all appropriate City employees.
Subd. 6. Identification. Upon demand by any police officer any person employed in
any licensed premises shall identify himself by giving his/her true legal name and his/her
correct address.
Subd. 7. Minors. No person under 18 years of age shall be employed in an
establishment requiring a license under the provisions of this Code.
Subd, 8. Massage Therapist. No massage therapy centerna shall employ or
use any person to give massage therapy, unless such person meets the licensing requirements
of Section 1135 of this Code. Any person acting as a Massage Therapist in any such business
shall have his/her certificate or a true copy thereof displayed in a prominent place in the
premises. (Ord. 95-21, 04104195)
615.13. Construction and Maintenance Requirements. Subdivision 1. " `els"'
Ord. 96-30, Page 4
o. bd
Restrooms. All restrooms shall be provided with mechanical ventilation
with 2 cfm per square foot of floor area, a hand washing sink equipped with hot and cold
running water under pressure, sanitary towels and a soap dispenser.
Subd. 3[2]. Li htin . All rooms in the licensed premises including but not limited to
satff&-reeffi6; massage rooms, restrooms, bathrooms, janitor's closet, hallways, reception areas
and any room used by customers shall be illuminated with not less than 30 foot candles of
illumination. (Ord. 95-21, 04104195)
Subd. 4[3]. Cleaning Supplies. Each establishment shall have a janitor's closet which
shall provide for the storage of cleaning supplies. (Ord. 95-21, 04104195)
Subd. 6[4]. Lockers. Individual lockers may be made available for use by patrons of
saimas a massage therapy centers. Such lockers shall have separate keys for locking. (Ord.
95-21, 04104195)
Subd. 7[5]. Refuse. Such establishments shall provide adequate refuse receptacles
which shall be emptied as required.
Subd. $[6]. Door Locks. The doors to the individual massage rooms may be
equipped with locking devices and shall not be blocked or obstructed from either side. Door
locks shall be used only at the request of the patron. (Ord. 95-21, 04104195)
615.15. Revocation and Suspension of License. Subdivision 1. Manager Action. The license
may be revoked, suspended or not renewed by the City Manager upon a showing that the
licensee, its owner, manager, employee or agent has engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection with the securing of the
license.
(b) Habitual drunkenness or intemperance in the use of drugs including but not
limited to the use of drugs defined in either Federal or State laws, barbiturates,
hallucinogenic drugs, amphetamines, benzedrine, dexedrine, or other
sedatives, depressants, stimulants, or tranquilizers.
(c) Conduct inimical to the interests of the public health, safety, welfare or
morals.
(d) Acts demonstrating or involving moral turpitude.
(e) Failure to fully comply with the requirements of this Code.
(f) Conviction of prostitution or other offense involving moral turpitude by any
court of competent jurisdiction.
(g) Engaging in any conduct which would constitute grounds for refusal to issue a
license under this Chapter.
Ord. 96-30, Page S
Subd. 2. Appeal. The licensee may appeal such suspension, revocation or non-
renewal to the City Council. The Council shall consider the appeal at a regularly or specially
scheduled Council meeting on or after 10 days from service of the notice of appeal upon the
City Clerk by the licensee. Hearing on the appeal shall be open to the public and the licensee
shall have the right to appear and be represented by legal counsel and to offer evidence in
behalf of licensure. At the conclusion of the hearing, or as soon thereafter as practicable, the
Council may order:
(a) The revocation, suspension or non -renewal of the license.
(b) The revocation, suspension or non -renewal by the City Manager be lifted and
the license be returned to the licensee.
(c) The City Council may base its action regarding the license upon any additional
terms, conditions and stipulations which it may, in its discretion, impose.
SECTION 2. Effective Date. This Ordinance shall be effective ninety (90) days after
its passage and publication according to law.
PASSED AND ADOPTED by the Plymouth City Council this lith day of
December , 1996.
CITY OF PLYMOUTH
BY: r
o ely ierney, Mayor'
ATTEST:
Laurie F. Ahrens, City Clerk