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HomeMy WebLinkAbout1978-03 03-09 AP .-1 f BROOKLYN CENTER POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN E.- C- ,L'Herauit, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of t h e n ewspaper known as BROOKLYN CENTER POST and has full knowledge of the facts herein stated as to lows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post office. (5) Said newspaper purports to serve the CITY OF BROOKLYN CENTER in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for. successive weeks; that it was first so published on j T/` a l the.... .day of 19� and was thereafter printed and published on every... to and including the day of 19...... and that the following Is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz 5 pt. Sans Subscribed and sworn to before me this. f r: .......day of... x.' ._..A. D., 19.. y (NOTARIAL SEAL) Notary Public,...._ ........................County, Minnesota My Commission Expires. 19...... No Affidavit of Publication of Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 1� 1 n thereof; the names and addresses of 2. If the licensee is a partneiViip or a all creditors of the applicant, owner, corporation, the applicant shall CITY OF BROOKLYN CENTER lessee, or manager Insofar as and each year for each place of business. designate a person to be manager ORDINANCE NO._ regarding credit which has been ex. The licensee shall display the license nand in responsible charge of the AN ORDINANCE REGULATING tended for the purposes of con- on a prominent place in the licensed business. Such person shall remain THE OPERATION AND MAIN- strutting, equipping, maintaining, premises at all times. A license, unless responsible for the conduct of the TENANCE OF BUSINESSES OR "operating or furnishing or acquiring 1revoked, is for the calendar year or a business until another suitable COMMERCIAL ESTABLISHMENTS the premises, personal effects, Part thereof for which It has been person has been designated in OFFERING SAUNAS OR SAUNA equipment or anything incident to the issued. The fee for the investigation writing by the licensee. The license BATHS. REQUIRING A LICENSE TO establishment, maintenance and for Issuance of a license must be shall promptly notify the Police OPERATE SUCH FACILITIES AND operation of a sauna parlor or sauna tendered with each new application Department in writing of any such >JESTABLISHING STANDARDS FOR bath. If the application is made on for a license and must also be paid at change indicating the name and THE CONSTRUCTION, OPERATION behalf of a corporation, joint business any time when there Is a proposal address of the new manager and the AND MAINTENANCE OF THESE venture, partnership or any legally change of ownership or reapplication effective date of such change. FACILITIES constituted business association, it a license wherein additional or 3. The licensee shall furnish the Police THE C ITY COU NC I L OF TH E CITY shall submit along with Its application, rent parties other than the Department with a list of current C' IROOKLYN CENTER DOES Jaccurate and complete business t inal licensee and parties are employees Indicating their names t .N AS FOLLOWS: records showing the names and ad- proposing to be licensed. All licenses and addresses and designating the -non 1. Chapter 23 of the City dresses of all Individuals having an granted herein are nontransferable. duties of the employees within the Ordinances of the City of Brooklyn interest in the business, Including Section 23 -1605. GRANTING OR sauna bath or sauna parlor. The Center is hereby amended by the creditors furnishing credit for the DENIAL OF LICENSES licensee shall promptly notify the establishment, acquisition, main- License applications shall be Police Department of an additions eaddition of the following: p y Section 23 -1600. STATEMENT OF te° -ce and furnishing of said reviewed by the Police Department, or deletions in the list of employees POLICY b ;s and, in the case of a cor- Planning and Inspection Department, 'r- hanges in their job descriptions The City Council of the City of P-L in, the names and addresses of Health Department and such other ties. Brooklyn Center deems it necessary to all officers, general managers, departments as the City Manager 4. dcensed premises shall not be provide for the special and express hnembers of the Board of Directors as Ishall deem necessary. The review open for business nor shall patrons regulation of businesses or com- well as any creditors who have ex- shall include an Inspection of the be permitted on the premises be- mercial enterprises which offer tended credit for the acquisition, premises covered by the application to tween the hours of 11:00 p.m. and saunas or sauna baths to the general maintenance, operation, or furnishing determine whether the premises 8:00 a.m, of the succeeding .day. public in order to protect the public of the establishment including the conforms to all applicable code 5 The licensees shall permit and health, safety and welfare and to Purchase or acquisition of any items of requirements. Thereafter, licenses allow the inspection of the premises guard against the inception and trans. Personal property for use in said shall be recommended for approval or during business hours by all ap- mission of disease. The City Council operation. All applicants shall furnish dental by the City Manager to the City Ipropriate City employees. further finds that commercial enter. to the City, along with their ap- Council subject to the provisions of 6. Upon demand by any police officer prises offering saunas or sauna baths Plications, complete and accurate this section. Any appeals shall be any person employed in any are susceptible of operation In a jtfocumentation establishing the In- sbefore the City Council. A license licensed premises shall identify manner contravening, subverting or terest of the applicant and any other permitting the conduct of an establish- himself by giving his true legal endangering the morals of the com• person, having an Interest in the ment offering saunas or sauna baths name and his correct address. munity thus requiring close in- premises upon which the building is are nonrenewable and application 7. No person to years of age shall be spection, licensing and regulation. proposed to be located or in the fur- must be made each year for a license, employed in an establishment The City Council also finds that nishings thereof, personal property permitting and allowing the conduct of requiring a license under the control and regulation of commercial thereof, or the operation or main- such business for the succeeding year. provisions of this ordinance. establishments of these types, in view tenance thereof. Documentation shall Licenses for the establishment or 81AII equipment or personal property of the abuses often perpetrated, be in the form of a lease, deed, con- conduct of a sauna parlor are non- used in or for a sauna or sauna bath requires intensive efforts by the police tract for deed, mortgage deed, transferable. shall be of a safe and sanitary de- department, public health sanitarian Imortgage, credit arrangement, loan 11 Section 23 -1606. CONDITIONS sign as approved by the City Sani- and other departments of the City and, agreements, security agreements and GOVERNING ISSUANCE tarian and the entire premises a consequence, the concentrated any other documents establishing the 1. No license shall be Issued If the wherein saunas or sauna baths are of City services in such control interest of the applicant or any other applicant or any of Its owners, given, administered or allowed and l detracts from and reduces the level of person In the operation, acquisition or managers, employees, agents or all personal property, clothing, lervtce available to the rest of the maintenance of the enterprise offering interested parties are persons of towels and the like used therein community and thereby diminishes a sauna or sauna bath. bad repute. shall be sanitary which is defined as the ability of The then to promote the The application shall also contain 2. Licenses shall be issued only if the to complete absence of the vegeta- general health, welfare, .morals and blue prints, diagrams, plans, layouts, applicant and all of its owners, tive cells of pathogenic micro safety of the community, la con- and the like showing the construction, managers, employees, agents or organisms. s s for the necessity on the part revision, remodeling, alteration or interested parties are free of con. 9. The licensee and all persons in its of the City to provide numerous ser• additions of or to the premises and Actions for offenses which involve employ or connected therewith shall vices to all segments of the com• specifically showing the layout, design morat turpitude or which relate maintain an occupancy or guest and arrangement of the bathing and directly to such person's ability, munity, without a concentration of y, register by which each patron of the public services in one area 4o work to restroom facilities and the size and capacity or fitness to perform the sauna or sauna bath must register Khe detriment of the members of the type of equipment and facilities to be and discharge the respon- with his correct name, address and general public, it is hereby decided :.used. lities of the licensed activity. phone number and each licensee, or thP' the number of sauna licenses Section 23 -1604. LICENSE FEE, erases shall be issued only to f person in its employ shall require I! pursuant to this Ordinance or LICENSE INVESTIGATION AND applicants who have not, within one each patron to furnish identification III, tuber of massage parlor licenses LICENSE YEAR year prior to the day of application, describing and identifying his issued pursuant to Chapter 23 -1700, The annual license fee shall be asset 1 have been denied licensuee, have correct name, address and phone which may be in force at anyone time, forth In Section 23.010 of the City had a license revoked or suspended number and shall further require or V either licensing sauna Ordinances and an investigation fee in or by any community parlors, for the purposes of Issuing license is political each patron his correctly and and massage parlors or any combination g subdivision or the State of Min- fully furnish his name,. address and $t The license fee and fee for the thereof, shall be no more than a total nesota and whose owners, telephone number to said guest In ation of the license shall be managers or any interested ter before the administration parties lot three such licenses. p Section 23.1601. DEFINITIONS pai, nen the application is filed. In have not been similarly denied, y services of the sauna or the event that the application is denied revoked or suspended. 0--a baths. Said occupancy 1. "'Sauna" means and includes a steam bath, hot water bath or heat or in the event that the license once 4. Licenses shall be issued only to register or guest register must be bathing by use of heat lamps and i surrendered, no Issued, is revoked, canceled or a who have answered fully maintained on file for Inspection by any such room or facility specially Part of the annual ti and nd truthfully ully all of the information officers, employees of the license fee for The Investigation constructed therefor, used for the requested in the application, who City of Brooklyn Center ter or or any other purposes of bathing, relaxing or for the Issuance of a license shall be have paid the full license fee and fee agency of any political subdivision, reducing utilizing steam, hot air, returned to the applicant unless by for the investigation and have the State of Minnesota or agency of hot water or heat lamps as a express action of the City Council. A cooperated fully and truthfully with the United States Government for a I cleaning, relaxing or reducing separate license shall be obtained the City in the review of the ap- penal of not less than Two years. agent. plication. Section 23.1602. LICENSE S. It the applicant is a natural person, Section 23 -1608. EMPLOYEE REQUIRED a license shall be granted only if !REGULATIONS N At all times during the operation of business of operating a sauna sauna older. bath either exclusively n con- 6. Licenses may granted only bath, male employees and attendants proton with any other business i any sauna parlor, sauna or sauna enter- complete conformity rmity with the a shall attend to, assist or otherwise serve only male patrons and female prise without being first licensed as zoning ordinances of the City of provided in This Ordinance. 7 Licenses shall employees shall attend, assist or be otherwise serve only female patrons t Section 23. F .CONTENTS OF granted meet to and at all times, employees of the APPLICATION FOR LICENSE establishments which can meet the Application for license shall be safety, sanitary and building rag code made only on The forms provided requirements of the C it y !must remain and be fully clothed. sauna parlor, sauna or sauna bath Section 23 -1609. CONSTRUCTION the City Manager. Four complete to 8. A license shall not be granted AND MAINTENANCE REQUIRE copies of Me application must be f granting the license (a) would be MENTS submitted to the City Manager's office inconsistent with the compre. m Each establishment shalt have a containing the address and legal hensive development plans of the 1 separate blish a and separate description of the property to be used, City, or (b) would otherwise have a locker room facilities for each sex. the name, address and telephone detrimental effect upon other Rnumber of the owner, lessee, if any, property or properites in the 2. All sauna rooms, locker rooms, and the operator or manager, the vicinity. restrooms and bathrooms used on name, address and telephone number Section 23 -1607• RESTRICTIONS the premises shall be constructed of of two persons, who shall be residents AND REGULATIONS t materials which are impervious. to 1. The licensee and the persons in its moisture, bacteria, mold or fungus of Hennepin County who may called and must be kept in a sanitary upon a applicants, attest to the character; employ, agency h condition which is defined as free persons with an managers or operator's character, interest in such business shall from the vegetative cells of- patho- whether the applicant, manager or comply with all applicable o genic microorganisms. The floor -to- operator has ever been convicted a ices; regulations and laws of f wall and wall joints shall be con crime or offense other than a traffic ity of Brooklyn Center and the strutted to provide a sanitary cove to'" a and, if so, complete and ac- _,e of Minnesota and the United with a minimum radius of one inch., c information as to the time, States Government. inch. pi,... and nature of such crime or offense including the disposition 3$Aii restrooms shall be provided with The licensee may appeal such sus mechanical ventilation with 2 cfm f pension, revocation or nonrenewal to per square foot of floor area, a hand the City Council. The Council shall washing sink equipped with hot and consider the appeal at the next cold running water under pressure, regularly scheduled Council meeting 'ary towels and a soap on or after 10 days from service of the et aer. nr" of appeal to the City Manager. 4. a- ..00ms In the licensed premises R conclusion of the hearing the C, I may order: including but not limited to sauna 1. The revocation, suspension or non. rooms, massage rooms, restrooms, renewal of the license. f bathrooms, janitor's closet, hall- 42. That the revocation, suspension or ways, and reception area shall be nonrenewal be lifted and that the itlutr!noted witi%notlessthan 30 foot certificate be returned to the cer- candles of illumination. tificate holder. S. Each establishment shall have a 3. The City Council may base either Janitor's. closet which shall provide suspension or issuance of the cer- for the storage of cleaning supplies. tificate upon any additional terms, Such closet shall have mechanical conditions and stipulations which ventilation with 2 cfm per square they may in their sole discretion foot of floor area. Such closet shall impose. tinclude a mop sink. I Section 23 -1612. EXCEPTIONS 6. Floors, walls and equipment in This ordinance does not apply to the sauna rooms and in restrooms and operation of a sauna which is operated .bathrooms used in connection in connection with or as a part of a •ewith must be kept In a state of chiropractic office wherein the ,d repair and clean at all times. practitioners thereof are licensed by Linens and other materials shall be the State of Minnesota or as a part of a stored at least 12 inches off the floor. fully equipped, bona fide health club, Clean towels and wash cloths must having a fully equipped exercise be made available for each room, complete with types and places 4 customer. 4 of equipment in operating and working 7. Individual lockers shall be made order of atype required for all forms available for use by patrons. Such of physical exercise, staffed and lockers shall have separate keys for ai Inistered by persons trained as locking. a' directors, trainers, physical 8. Such establishments shall provide it. ,sts or chiropractors, which adequate refuse receptacles which offers complete exercising, physical shall be emptied as required, training and reducing services in- 9. The doors to the individual sauna cluding recommendations as to food, rooms shall not be equipped with health, diet and the like, nor does this any locking device and shall not be r ordinance apply to any municipal locked or obstructed from either corporation nor does this ordinance side of the door. apply to any sauna located in any Section 23 -1610. HEALTH AND commercial office building, apart DISEASE CONTROL ment building, hotel or motel, which is No person while afflicted with any clearly incidental and secondary to disease in a communicable form, or the permitted princpal use and which while a carrier of such disease, or is offered solely and exclusively to While afflicted with boils, infected bona fide tenants, employees of said wounds, sores, or an acute respiratory tenants, residents, guests of said infection, shall work In or use the sresidents and registered lodgers, services of any public steam bathing respectively, of said buildings, hotels rooms, heat bathing room, bathroom, and motels; and which is not offered to reducing or relaxation establishment the public generally and as to which in any capacity in which there is a there is no public advertising or public i likelihood such person can- offer of these saunas via any news laminating surfaces with pathogenic mod a. Type of License Required by Section Fee (annual, organisms, or transmitting disease to Section 23 -1613. SEPARABILITY License Expires unless otherwise other individuals; and no Every section, provision or a part of Saunas or 23 -1604 stated) person this ordinance is declared separable Sauna Baths Dec. 31 $3,000 known y o t suspected of being ndiled t with any such disease or tte dtin part t the extent that if an section, every other section, provision or pao e exeny c, I she!l n employed permitted in Section. 2. This ordinance shall such an area or capacity, provision or a part of the ordnance Section 23-1611,REVOCATIONAND shall o held invalid, become effective after adoption n such holdings ►upon thirty (30) days following and SUSPENSION OF LICENSE shall not invalidate any other section, The license may be revoked, provision or part thereof. legal Adoppublication. day of—, suspended or not renewed by the City Section 23 -1614. PENALTIES Council upon recommendation of the Whoever does any act forbidden by 19- City Manager by showing that the this ordinance or omits or fails to do Mayor licensee, its owners, managers, any act required by this ordinance ATTEST: emoloyees, agents or any of its n- 4 shall be guilty of a misdemeanor and Clerk t ?d parties have engaged in any l upon conviction thereof by lawful Date of Publication It following conduct: authority, be punished by a fine not to 1. maraud, deception or misrepre- exceed $500 and by imprisonment not rEffective Date sentation in connection with the to exceed 90 days or both. Each day (Bold face indicates new matter.) securing of the license. that a violation exists constitutes a ;Published in The Brooklyn Center 2. Habitual drunkenness or in. separate and distinct offense. Post March 9, 1978). temperance in the use of drugs Section 23.1615. LIABILITY FOR including but not limited to the use THE CRIMES OF ANOTHER of drugs defined in Minnesota Every person who commits or at- Statutes, Section 618.01,. bar- (tempts to commit, conspires to biturates, hallucinogenic drug a III cr !t or aids and abets in 4h amphetamines, benzedrine, c ssion of any act constituting a 1 dexedrine or other sedatives, v�, ion of this ordinance or any act, depressants, stimulants or Iran- which constitutes an omission and quilizers. therefore a violation of this ordinance, 3. Conduct inimical to the interest of whether individually or in connection the public health, safety, welfare or with one or more persons or as prin- morais. cipal, agent or accessory, shall be 4. Engaging in any conduct involving guilty of such offense and every moral turpitude or permitting or .!person who falsely, fraudulently, allowing others to so engage in such forcibly or willfully, induces, causes, conduct or failing o coerces, requires, permits or directs g prevent such another to violate any of the provisions conduct. of this chapter is likewise guilty of 5. Failure to fully comply with any such offense. requirements of this ordinance or Section23.010. LICENSE FEES. The failure to comply with any require fees for the various licensesshall be as ments of the ordinances of the City hereinafter stated, not withstanding of Brooklyn Center relating to other ordinance provisions regarding public health and sanitary con- lithe specific fee. ditions, building and construction codes, zoning codes and require- ments of any ordinance, the viola- I Lion of which involves- moral turpi- tude. 6. Conviction of an offense Involving moral turpitude by any court of competent jurisdiction. 7. Engaging in any conduct which would constitute grounds for refusal to issue a license under Section 23- 1606 of this ordinance.