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HomeMy WebLinkAbout1978-04 03-09 AP CITY OF BROOKLYN CENTER ORDINANCE NC..... A, ORDINANCE REGULATING THE OPERATION AND MAIN- TENANCE OF MASSAGE PARLORS, REQUIRING A LICENSE TO, OPERATE SUCH FACILITIES AND ESTABLISHING STANDARDS FOR. BROOKLYN CENTER POST T H E C O N S T R U C T 10 N, 'QUISITION, MAINTENANCE 3 OPERATION OF SUCH .CILITIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES AFFIDAVIT OF PUBLICATION ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn C '-•r is hereby amended by the in of the following: STATE OF MINNESOTA s, m 23 -1700. STATEMENT OF SS. POLICY. COUNTY OF HENNEPIN The City Council of the City of Brooklyn Center considers it necessary to provide for the special and express regulation of businesses or commercial enterprises which offer :,massages to the general public in order to protect the public health, safety and welfare and to guard E:L =L Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The I against the inception and transmission Post Publishing Co., publisher and printer of the newspaper known as of disease. The City Council further BROOKLYN CENTER POST finds that commercial enterprises offering massages are susceptible of and has full knowledge of the facts herein stated as follows: operation in a manner contravening, (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent subverting and endangering the in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each morals of the community, thus, week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which requiring Nose inspection licensing it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and regulation. and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at The City Council also finds that least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation }control and regulation of commercial currently paid or no more than three months in arrears and has entry as second -class matter in its local post establishments of these types, In view office. (5) Said newspaper purports to serve the of the abuses often perpetrated, require intensive efforts by the police CITY OF BROOKLYN CENTER deportment, public health City the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open and other departments e, 4h of the a City ity and concentrated nd nd during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main as a consequence, coined by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all use of City services In such control such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately detracts from and reduces the level of with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years Service available to the rest of the preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of !community and thereby diminishes Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of the ability of the City to promote the State and signed b the managing officer of said newspaper and sworn o before a notary general health, welfare, morals and g y t f t y public stating that the newspaper is a legal newspaper. .safety of the community. In con- sideration for the necessity on the part 'a of the City to provide numerous ser i� vices to all segments of the eom- He further states on oath that the panted f munity, without a concentration of l public services in one area working to f' a- IL f the detriment of the members of the general public, it is hereby decided that the number of massage parlor hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in licenses issued pursuant to this or dInance or the number of sauna 1 -1 1 fi�r{{t,,++ Ifeenses issued pursuant to Chapter 29 the English language, once each week, for, i'. successive weeks; that it was first so published on 1600, which may be In force at any one time, either licensing massage parlors, sauna parlors or any eom- bination thereof, shall be no more than the.....,.," day of 19 :`c. and was thereafter printed and published on every.. a total of three such licenses. Section 23 -1701. DEFINITIONS. to and including the.. day of ..19 and that the following is a printed copy of the 1. The term "massage" means the rubbing, stroking, kneading, tap ping or rolling of the body of another tower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in with the hands for the exclusive purpose of physical fitness, relaxation, beautification and for no the composition and publication of said notice, to wit: other purpose. 2. The term "masseur" means a male oerson who ,practices or ad- t ministers massage. abcdefghijklmnopgrstuvwxyz -5!z pt. Sans 3. The term "masseuse" means a female person who practices or administers massage. ,�4. The term "certificate" as used herein means a certificate issued by the City authorizing the holder thereof to practice or administer massage in the City of Brooklyn Center. I Section 23.1702. MASSAGE DISTINGUISHED The practice of massage is hereby Subscribed and sworn to before declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, Physical me this. day of.. f ;e.0 'd therapy, or podiatry and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or (podiatry, nurses who work solely under the direction of any such per- (NOTARIAL SEAL) sons, athletic directors and trainers are hereby expressly excluded from the provisions of this section. Beauty Notar Publi eulturists and barbers who do not give, y c,. ........County, Minnesota or hold themselves out to give, passage treatments, as defined My Commission Expires......... ...19... ,erein, other than is customarily given in such shops or places of 'business, for the purpose of beautification only shall be exempt from the provisions of this section. I I Section 33 -1707. LICENSE AND nishings thereof, personal .property CERTIFICATE REQUIRED. ;thereof, or the operation or main No person shall engage In the tenance thereof. Documentation shall .business of operating a massage be In the form of a lease, deed, con- parlor or massage establishment tract for deed, mortgag d deed, either exclusively or in connection mortgage, credit arrangem with any other business enterprise agreements, security agreements and the without being first duly licensed as any other documen1Ceest establishing other provided herein. No person shall interest of the app engage in or hold himself or herself person in the operation, acquisition or out as being engaged In the practice of -tenance of the enterprise Of massage nor shall any person ad- a massage. The application minister or practice massage com- N also contain blueprints, mercially or for hire, or for the ex- diagrams, plans, layouts and the like change of any valuable consideration showing the construction, revision, within the City of Brooklyn Center AffIdlVlt Of Publication remodeling, alteration or additions of without first having obtained a cer_ or to t premises and specifically I tificate as herein provided except any showing the layout, design and person who is currently registered by OF arr men of the bathing and the State Board of Medical re, n facilities and the size and Examiners. typo equipment and facilities to be Section 33.1704. CONTENTS OF sed. APPLICATION FOR LICENSE Section 33.1704. CONTENTS OF Application for license shall be THE APPLICATION FOR CER- made only on the forms provided by TIFICATE. the City Manager. Four complete Application shall be made only on copies of the application shall be forms provided by the City Manager. a furnished to the office of the City The application shall contain the Manager containing the address and following information together with .legal description of the property to be any other informatlon which the City used, the names, addresses and phone Manager may require: numbers of the owner, lessee, if any, 16 Evidence of the applicant's and the operator or manager, the Published is education qualifications, including name, address and telephone number originals or certified copies of of two persons, who shall be residents degrees, diplomas or certificates, if of Hennepin County and who may be BROOKLYN CENTER POST any. licant practical called upon to attest to the applicant's, 1. Evidence of OPP i manager's or operator's character; 8801 Bass Lake Road qualifications to practice M s whether the applicant, manager or 3. Evidence that the applic operator has ever been convicted of a MINNEAPOLIS, MINNESOTA 55428 good moral character. crime or offense other than a traffic 41 The names and addresses of two offense and, if so, complete and ac- persons, residenis red as curate information as To the time, county, licanf s character. Place and nature of such crime or DATE OF PUBLICATION the aPP itcant has ever offense including the disposition 4. Whether the app thereof; the names and addresses of been convicted of a crime or offense if all creditors of the applicant, owner, other than a traffic offense, so, informatlon as to the time, P and lace r lessee, or manager insofar as and and nature of such crime or offense. regarding credit which has been ex tended for the purposes of con- 6. Evidence in the for m of alicenaed strutting, equipping, maintaining, certificate from a Minnesota operating or furnishing or acquiring ATTORNEY physician practicing the premises, personal effects, indicating (2) that within the past 30 equipment or anything incident to Me days he has examined the applicant estabishment, maintenance and and (b) that such examination was operation of a massage parlor or for the purpose of determining massage establishment. If the ap- whether applicant had any com- 1plication is made on behalf of a cor. unicable disease and (A that as e poration, joint business venture, •alt of such e examination inatioon suf partnership or any legally constituted aves that applicant com n of busi association, it shall submit from any along with its application, accurate disease which would aging lint the and complete business records applicant from eng practice of massage. aging FILED showing the names and addresses of all individuals having an interest in Section 33-1706• LICENSE FEE, the business, including creditors cENSE INVESTIGATION FEE furnishing credit for the establish- 1 LICENSE YEAR, iment, acquisition, maintenance and -annual license fee shall be as set furnishings of said business and, in the forth, in Section 33 -010 of the City case of a corporation, the names and Ordinances and an investigation fee addresses of all officers, general for the purposes of issuing a license fS managers, members of the board of BROOKLYN CENTER POST :1, 400. The license fee and fee for the directors as well as any creditors who investigation of the license shall be have extended credit for the paid when the application is filed. In acquisition, maintenance, operation the event that the application is denied or furnishing of *the establishment 1 1 or in the event that the license' once including the purchase or acquisition issued, is revoked, canceled ^r %of any Items of personal property for surrendered, no pan of the a use in said operation. All applicants license fee or fee for investigatit shall furnish to the City, along with the issuance of a license she their applications, complete and preturned to the applicant unl ®s accurate documentation establishing express action of the City Counc for each p shall be basin the interest of the applicant and any each year separate license obta other person, having an interest in the the lice premises upon which the building is The licensee shall display proposed to be located or the fur- on a prominent place in the licen premises at all times. A license uni, revoked, is for the calendar year 01 part thereof for which it has issued. The fee for the investigation 4. Licenses shall be issued only to notice of appeal to the City manager. ifor issuance of a license must be applicants who have answered fully At the conclusion of the hearing, the tendered with each new application and truthfully all of the information Council may order: for a license and must also be paid at requested In the application, who t. That the revocation, suspension or any time when there is a proposed 'have paid the full license fee and fee 4 nonrenewal be affirmed. change of ownership or reapplication for Investigation and have 2. That the revocation, suspension or for a license wherein additional or cooperated fully and truthfully with d that the different parties other than the the City in the review of the ap- certificate be returned nonrenewal be lifted and the cer to original licensee and interested plication. tificate holder. parties are proposing to be licensed. S. If the applicant is a natural person, 3. The City Council may base either license for the operation a massage a a license shall be granted only if suspension or issuance of the cer fparloris nontransferable: such person is 18 years of age or Section 23.1707- CERTIFICATE tificate upon any additional terms, FEE, CERTIFICATE IN- older, conditions and stipulations which 6. Licenses may only be granted when they may, in their sole discretion, VESTIGATION FEE AND CER- tin complete conformity with the impose. TIFICATE YEAR. zoning code of the City of Brooklyn Section 23 -1715. REVOCATION, e th in Section 23-010 of the be Ci ty Center, SUSPENSION OR NONRENEWAL th in ection 2 nve ig Licenses shall be granted only to OF CERTIFICATES. thty 7. lances, and an investigation fee for the purposes of issuing a cer• establishments which can meet the safety, sanitary and building code Certification may be recommended tificate is one hundred (f100) dollars. g by the City Manager for revocation or requirements of the City, suspension or not renewed by the City investigation certificate fee and fee for the 8, A license. shall not be granted if Council for any of the following: vestigation of the certificate shall be granting the license (a) would be 1. Fraud, deception or misrepresen- paid when the application is filed. In inconsistent with the com• ration in connection with the secur- sr r n issued, i t i t he eve e eve nt that t certificate, t that i the he is .denied 4Prehensive development plans of ing of certification. t tie City, or (b) would otherwise i 9 •a surrendered, drunkenness or in- urr no p a r t o f cancelled the tannual al fve a deterimental effect upon rance in the use of drugs surrendered, no part of the annual other property or properties in the d ding but not limited to the use for the in vicinity, certificate fee or fee Minnesota of drugs defined in Min vestigation for the issuance of a Statutes, Section 618 bar certificate shall be returned to the situates, hallucinogenic drugs, ANpplicant unless by express action of amphetamines, benzedrine, the City Council. A separate cer- se or o xedrine dether datives, tificate shall be obtained each year. d e edrine then sedatives, The The certificate holder shall display the tranquilizers. certificate on a prominent place in the premises of the certificate holder at 8. Such licensed premises shall pro all times.. A certificate, unless vide adequate refuse receptacles revoked, is for the calendar year or a which shall be emptied as often as part thereof for which it has been re4uired. issued. The fee for the investigation 94TIle doors to the individual massage $for issuance of a certificate must be rooms shall not be equipped with tendered with each new application any locking device nor shall they be for a certificate and must also be paid blocked or obstructed from either °ny time when there is a proposed side of the door. ge of ownership or reapplication Section 23.1713. HEALTH AND j certificate wherein additional or D' 'SE CONTROL. different parties other than the ?rson while afflicted with any original certificate holder are dia__.e In a communicable form or proposing certification. A certificate while a carrier of such disease or i!permitting the holder thereof to twhile afflicted with boils, infected r p actice massage is nontransferable. wounds, sores or any acute Section 23 -1708. GRANTING OR respiratory infection shall work in or DENIAL OF LICENSES AND use the services of any public massage ERTIFICATES. roor ''Id no person known or License applications and certificate sus; I of being afflicted with any applications shall be reviewed by the such -cease or condition shall be Police Department, Planning and employed or permitted in such area or Inspection Department, Health capacity. Department and such other depart- Section 23 -1714. REVOCATION, Vnents as the City Manager shall deem b SUSPENSION OR NONRENEWAL necessary. The review shall include an OF LICENSE. inspection of the premises covered by The license may be revoked, the application to determine whether suspended or not renewed by the City the premises conforms to all ap. Council upon recommendation of the plicable code requirements. City Manager by showing that the Thereafter, licenses and certificates licensee, its owners, managers, shall be recommended for approval or employees, agents or any other in. denial by the City Manager to the City terested parties have engaged in any Council subject to the provisions of of the following conduct: Ithis ordinance. Any appeals shall be s 1. Fraud, deception or misrepresen- before the City Council. A license tation in connection with the secur. permitting the conduct of a massage ing of the license. parlor or massage establishment is 2 Habitual drunkenness or in- nonrenewable and nontransferable temperance in the use of drugs and application must be made each including but not limited to the use Year for a license, permitting and of drugs defined in Minnesota allowing the conduct of such business Statutes, Section 618.01, bar for the succeeding year. A certificate bituates, hallucinogenic drugs, permitting the holder thereof to amphetamines, benzedrine, spractice or administer massage f dexedrine or other sedatives, commercially is nonrenewable and depressants, stimulants or nontransferable and application must tranquilizers. be made each year for a certificate 3. Conduct inimical to the interests of permitting and allowing the holder the public health, safety, welfare thereof to administer or practice and morals. massage for the succeeding year. 4. Engaging in conduct involving Section 23 -1709. CONDITIONS moral turpitude or permitting or GOVERNING ISSUANCE OF A allowing others within their employ LICENSE. or agency to engage in conduct Ill. No license shall be issued if the t involving moral turpitude or failing applicant or any of its owners, to prevent agents, officers or em- managers, employees, agents or ployees in engaging in conduct Interested parties is a person of bad I ^volving moral turpitude. repute. 'ure to fully comply with any 2. Licenses shall be issued only if the ;irements of the ordinances of applicant and all of its owners, me City of Brooklyn Center managers, agents, employees or regarding sanitary and safety interested parties are free of con conditions, zoning requirements, victions for offenses which involve building code requirements or 'moral turpitude or which relate J ordinances, the violation of which irectly to such person's ability, `evolves moral turpitude, or failure opacity or fitness to perform the comply fully with any duties and discharge the respon ouirements of this ordinance. sibilities of the licensed activity. 6. Conviction of an offense involving 3. Licenses shall be issued only to moral turpitude by any court of applicants who have not, within one competent jurisdiction. year prior to the day of application, 7 Engaging in any conduct which have been denied licensure, have would constitute grounds for refusal had a license revoked or suspended to issue a license herein. I in or by any community or political 4The licensee may appeal such subdivision or the State of Min- suspension, revocation or nonrenewal nesota and whose owners, to the City Council. The Council shall managers, or any interested parties consider the appeal at the next have not been similarly denied, regularly scheduled Council meeting revoked, or suspended, on or after ten days from service of the Q. Conduct inimical to the interests of the public health, safety, welfare or morals. 4. Engaging in conduct involving moral turpitude. 5. Failure to .fully comply with the requirements of this ordinance. 6. Conviction of an offense involving moral turpitude by any court of competent jurisdiction, I The certificate holder may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after ten (10) days from service of the notice of appeal to the City Manager. At the conclusion of the hearing the Council may order: 'hat the revocation, suspension or mrenewal be affirmed. hat the revocation, suspension or nonrenewal be lifted and that the _certificate be returned to the cer- tificate holder.. 3. The City Council may base either suspension or issuance of the cer- tificate upon any additional terms, conditions and stipulations which they may, in their sole discretion, I impose. Section 23- 1716. PROHIBITED ACTS. No employer shall employ a person to practice or administer massage nor permit, suffer or allow a person to practice or administer massage unless that person has been granted a valid certificate pursuant to this or- dinance and every employer shall Arequire that the certification be prominently and openly displayed on the premises in plain view. Section 23 -1718. SEPARABILITY Every section, provision or part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, such holding shall not (invalidate any other section, provision or part thereof. Section 23 -1719, PENALTIES. Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be guilty of a misdemeanor and :upon conviction thereof by lawful authority, be punished by a fine not to exceed $500 and by imprisonment not to exceed ninety (90) days or both or jany combination of either. Each day that a violation exists constitutes a separate and distinct offense. Section 23 -1720. LIABILITY FOR CRIMES OF ANOTHER. Every person who commits or at- empts to commit, conspires to eommit or aids and abets in the commission of any act consituting a violation of this ordinance or any act, which constitutes an omission and, (therefore, a violation of this or- dinance, whether individually or in connection with one or more persons or as principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of Isuch offense. Section 23 -010. LICENSE FEES. The fees for the various licenses shall be as hereinafter stated, not withstanding other ordinance provisions regarding the specific fee. Type Required of by License Fees(annual License Section ExVna wllassotherwise Massage anted) Parlors 23 -1706 Dec. 71 �r Masseur or Masseuse 23 -1707 Dec. 31 Section 2. This ordinance shall become effective after adoption ands I upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTESTS Clerk Date of Publication Effective Date ((Boldface indicates new matter.) (Published in the Brooklyn Center Post March 9th, 1978.)