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HomeMy WebLinkAbout1978-14 11-30 AP Ci EBROQ KLYACENTER A IR �I1fV R t,A;TING Of�EItATION ANC iAM 4RSATI& PiiK CE D,AAP kAALORS,; f$1 RLOttS ADULT JIN NTER UPS, 'ADULT Y IENIOTIVITY G UPS, ESCORT AYItES, MO L SERVICE BROOKLYN CENTER POST A NG SVRVIC S OR HOSTED°, CES, REQUIRING A` LtG TO OPERATE SUCH BVS 141E AND ESTABLISHIN STANDl4 s P E A14' THE Di AFFIDAVIT OF PUBLICATION GTI OPERATION AND p 1pNCE OF THESE= J i�5 AI J r CILOF THE CI�^ STATE OF MINNESOTA 11 OF D1i iD CENTER DOE`S, SS. AS 7�bwS: OlI COUNTY OF HENNEPIN Sect 1. Chp{Ster 23 of the City t Ordina ces of i City of $rook{yn Cantgr is hereaAr., amended by' the _agotion of the id 10wing: Section 23+1"0 Statement of Policy ti'ha City ncil of 00 city of Brooklyn C 1Mms it Mcossaty to 'v provide Cola Cal and express E-°C L'Htrauft, being duly sworn, on oath says he is and during all the times herein stated has been the President of The lregulatl passes or eom- Post Publishing Co., publisher and printer of the newspaper known as morclal h operate as' BROOKLYN CENTER POST rap par ntYtton parlors, adUpt oup5, adult en j and has full knowledge of the facts herein stated as follows: {Nwietl, model (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent sN'.viles or hostess in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each s ayNh`rto protect the public week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which fieftliliW a welfare and to it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter inst the inception and and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at tra WAhodse. The City least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation !C fflllda MtPortpmereial currently paid or no more than three months in arrears and has entry as second -class matter in its local post a` the type described office. (5) Said newspaper purports to serve the bllatible of rattan Ina ravening, al vorting or CITY OF BROOKLYN CENTER then morals of the com- m bs regLirlpg Mae In 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 gnsing kids od. during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- Co iplell 4158' at tained by the managing officer of saidnewspaper or persons in its employ and subject to his direction and control during all Mgalati0n of lai, such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately n 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 effarls Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of lei State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper a Nits is a legal newspaper. o recces He further states on oath that the printed le to fhl. M -s e9r#! that by s @er fM hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in tfd bf tho vices to ,a .ofx munity, of 1 the English language, once each week, for r successive weeks; that it was first so published on ic, it is her e he .S pu mffi rl ell" a am �Cens 1 day of 19 and was thereafter printed and published on every....... the det oral r apt t' men►baM6` pyrsuant to this ordlnance w' 'Ifisi r 'dumber of licenses issued '!YHher> to and including the.......... day of 39... ...and that the following is a printed copy of the i$ wusant to Chapter 23 -1600 or 1700 '401 ybein force e any aheme, lower case al habet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of ensin4 ,sauna paNOrs, p Y 9 9 type used in ntasAW parlors, or the commercial ��i�R is or or any combination in, this t` on the composition and publication of said notice, to wit: a 'Qi11a eh e' m 431B00any thereof, shall be no more than a total of three such licenses. Section 23 -1001. Definitions ibcdefghijklmropgrstuvwxyz 5 1 '2 pt. Sans "Rap Parlor or bony liette�+ Parlor" or "Adult, nttit Group" or "Adult entttivity Group meant any: person, all. tablishmAnf olr business adyw� SWC offerlog, {i�filsg tr4ftio 06 the servicIA of itself, its employees;' or agents as nonprofessional coun selors, teachers or therapists who may talk to, listen to, discuss or have conversation with patrons or who deal in any way with patron's physical senses whether or not other Subscribed and sworn to before goods or services are simultaneously advertised, offered, 1 sold, traded or bartered and me this z °f daY regardless of whether said goods or services are also required to be y d licensed. f, e- r "ESCORT SERVICE" or "Model Service" or "Dancing Services" or "Hostess Service" means any per. (NOTARIAL SEAL) son, establishment or business ad- vertising, offering, selling, trading or bartering the services of itself, its Notary Public ........................County, Minnesota employees or agents as hostesses, models, dancers, escorts, dates or companions whether or not goods or My Commission Expires.. 19..... services are simultaneously ad- vertised, offered, sold, traded or bartered and regardless of whether said goods or services are also required to be licensed. model service, dancing service or o change ind�ca g the name and hostess service are nonrenewable and address of the new manager and the application must be made each year effective date of such change. for a license, permitting and allowing 3. The licensee shall furnish the Police the conduct of such business for the Department with a list of current Section 23 -1803. Licensea Required. proposed to be located or in the fur succeeding year. Licenses for the employees indicating their names No person shall engage In the business therere of establishment or conduct of a rap and addresses and designating the there of operating a rap parlor, con- thereof, personal or the operation or al property s parlor, conversation parlor, adult duties of the employees within the t versation parlor, adult encounter nance thereof. Documentation shall e- be encounter group, adult sensitivity rap parlor, conversation parlor, group, adult sensitivity group or a in the form of a lease, dead, contract group, escort service, model service, adult encounter group, adult sen- model, escort dancing or hostess for deed, mortgage deed, mortgage, r dancing service or hostess service are s sitivity group, escort service, model credit arrangement, loan agreements, *service either exclusively or In con- nontransferable. service, dancing service or hostess nection with any other business en- security agreements and any other 1�T section 23.1806. Conditions service. The licensee shall promptly terprise or hold himself or herself out documents establishing the Interest of No. Governing Issuance. notify the Police Department of any as being engaged in or offering his or the applicant or any other person in 1. No license shall be issued if the additions or deletions in the list of her services as a model, hostess, the operation, acquisition or main- applicant or any of Its owners, employees or changes in Their job dancer, escort or counselor in a rap Affidavit of Publication managers, employees, agents or descriptions or duties. tenance of the enterprise offering services as a rap parlor, conversation interested parties are persons of 4. The licensed premises shall not be parlor, conversation parlor, adult sensitivity group or adult encounter parlor, adult encounter group, adult or bad repute. open for business nor shall patrons group without being first duly licensed ;sensitivity group, escort service, 2. Licenses shall be issued only if the be permitted on the premises bet- as provided herein. model service, dancing serv or t applicant and all of its owners, t. ween the Hours of 11:00 P.M. and r Section 23 -1903. Contents of Ap- hostess service. The application shall managers, employees, agents or 8:00 a.m. on the succeeding day. plication for License. Application for a also contain blue prints, 0. interested parties are free of con- 5. The licensee shall permit and allow plans, Ia license shall be made only on the s Actions for offenses which involve the inspection of the premises 0 eir t Jplq. forms provided by the City Manager. the i tlaatrfrctldrt: di'Mif�'' moral turpitude or which relate during business hours by all ap- Four complete copies of the ap- re mip directly to such person's ability, propriate City employees. plication must be submitted 4o the City or capacity or fitness to perform the 6. Upon demand by any police officer Manager's office containing the ad shoWl09 leyou#> design and! duties and discharge the respon any person employed in any dress and legal description of the arrangement of the bathing andl sibilities of the licensed activity. licensed premises shall identify property to be used, the name, address c restroom facilities and the size and 3. Licenses shall be issued only to himself by giving his true legal and telephone number of the owner, type of equipment and facilities to be s applicants who have not, within one r name and his correct address. ilessee, if any, and the operator or used year prior to the day of application, 7. No person under 18 years of age manager, the name, address and Section 2J -1804. License Fee, have been denied lieensure, have shall be employed in an establish telephone number of two persons, who Pub'isb ®d in License investigation a4ion and License had a license revoked or suspended went requiring a license under the shall be residents of Hennepin County Year. The annual license fee Is $1,500 in or by any community or political provisions of this ordinance. who may be called upon to attest to the and the annual fee for the in- BROOKLYN CENTER POST subdivision or the State of Min- 8. All equipment or personal property applicant's manager's, or operator's vestigation for the purposes of Issuing nesota and whose owners, used in or for a rap parlor, con character; whether the applicant, a license is $1,500. The license fee and 8801 Bass Lake Road managers or any interested parties versation parlor, adult encounter manager or operator has ever been fee for the investigation of the license have not been similarly denied, group, adult sensitivity group, convicted of a crime or offense other a- -shall be paid when the application Is MINNEAPOLIS, MINNESOTA 55428 revoked or suspended. escort service, model service, than a traffic offense and, if so, filed. In the event that the application s 4. Licenses shall be issued only to t dancing service or hostess service complete and accurate information as is denied or in The event that the applicants who have answered fully shall be of a safe an sanitary design to the time, place and nature of such license once issued is revoked, can- and truthfully all of the information as approved by the City Sanitarian crime or offense including the celed or surrendered, no part of the DATE OF PUBLICATION requested in the application, who and the entire premises wherein the disposition thereof; the names and annual license fee or fee for the In- have paid the fullttcense fee and fee services of a rap parlor, con addresses of all creditors of The ap- vestigation for the issuance of a for investigation and have versation parlor, adult encounter plicant, owner, lessee, or manager license shall be returned to the ap- cooperated fully and truthfully with group, adult sensitivity group, insofar as and regarding credit which plicant unless by express action of the the City in, the review of the ap- escort service, model service, has been extended for the purposes of City Council. A separate license shall plication. dancing service or Hostess service constructing, equipping, maintaining, R be obtained each year for each place S. If the applicant is a natural person, are provided, administered or operating or furnishing or acquiring of business. The licensee shall display °a a license shall be granted only if a allowed and all personal property, ?the premises, personal effects, the license on a prominent place in the such person is 18 years of age or clothing, towels and the like used equipment or anything Incident to the licensed premises at all times. A ATTORNEY older. establishment, maintenance and .license, unless revoked, is for the 6. Licenses may be granted only in therein shat! be sanitary which is defined as a complete absence of the operation of a rap parlor, conversation calendar year or a part thereof for complete conformity with the vegetative cells of pathogenic parlor, adult .encounter group, adult which if has been issued. The fee for zoning ordinances of the City of Brooklyn Center. microorganisms. sensitivity group, escort service, the investigation for issuance of a 9. The licensee and all persons in its model service, dancing service or license must be tendered with each 7, Licenses shall be granted only to employ or connected therewith shall hostess service. If the application is new application for a license and must establishments which can meet the maintain an occupancy or guest made on behalf of a corporation, joint a also be paid at any time when there is safety, sanitary and building code register by which each patron of the business venture, partnership or any a proposed change of ownership or r requirements of the City. rap parlor, conversation parlor, ,rlegally constituted business reapplication for a license wherein 6. A license shall not be granted if adult encounter group, adult om sitivity group, escort service model association, it shall submit, along with additional or different parties other granting the license (a) would be its application, accurate and complete than the original licensee and parties FILED inconsistent with the com service, dancing service or hostess business records showing the names are proposing to be licensed. All prehensive development plans of service must register with his and addresses of all individuals licenses granted herein are non- the City, or (b) would otherwise correct name, address and phone having an interest In the business, transferable, have a detrimental effect upon number and each licensee, or Including creditors furnishing credit Section 23-1805. Granting or Denial other property or properties in the for the establishment, acquisition, of Licenses. License applications shall vicinity, person to its employ shall require each patron to furnish identification maintenance and furnishing of said r be reviewed by the Police Depart- Section 23 -1807. Restrictions and describing and identifying his business and, in the case of a cor- ment, Planning and Inspection v Regulations. a poration, the names and addresses of Department, Health Department and BROOKLYN CENTER POST 1. The licensee and the persons in its i correct name, address and phone employ, agent or persons with an number and shall further require all officers, general managers, such other departments as Me City y each patron to correctly and truth members of the Board of Directors as Manager shall deem necessary. The interest in such business shall fully furnish his name, address and well as any creditors who have ex- review shall include an inspection of comply with all applicable or- telephone number to said guest tended credit for the acquisition, dinances,regulations and laws of the premises covered by the ap- 1 1�� register before the administration maintenance, operation, or furnishing plication to determine whether the the City of Brooklyn Center and the of any services. Said occupancy of the establishment including the premises conforms to all applicable State of Minnesota, and the United register or guest register must be Purchase or acquisition of any Items of States Government. code requirements. Thereafter, maintained on file for inspection by, personal property for use in said ,licenses shall be recommended for 2. If the licensee is a partnership or a officers, employees or agsMaOf WO. operation. All applicants shall furnish approval or denial b ti the shall o to the City, along with their ap- y the City corporation, e applicant r City of Brooklyn Centel' or any oilier Manager to the City Council subject to designate a person to be manager agency i plications, complete and accurate the provisions of this section. Any and in responsible charge of the the' documentation establishing the in- business. Such person shall remain appeals shall be before the Clty the. Terest of the applicant and any other Council. A license permitting the responsible for the conduct of the period of not Ills than two years. person having an interest in the conduct of an establishment offering business until another suitable Section 23 -Y80 Employee premises upon which the building is services as a rap parlor, conversation person has been designated in Regulations. At all times during the parlor, adult encounter group, adult writing by the licensee. The licensee operation of any rap parlor, con sensitivity group, escort service, shall promptly notify the Police versation parlor, adult encounter Department in writing of any such t group, adult sensitivity group, or 2. H abitu al drunkenness or in- F model service, escort service, dancing temperance in the use of drugs service, or hostess service, male including but not limited to the use employees and attendants shall attend of drugs defined in Minnesota to, assist or otherwise serve only male A' Statutes, Section 618.01, bar. patrons and fematc employees shall bituates, hallucinogenic drugs, attend to, assist or otherwise serve amphetamines, benzedrine, only female patrons and at all times, dexedrine or other sedatives, both employees and customers must depressants, stimulants or be and remain fully clothed. tranquilizers. Section 23 -1809. Construction and 3. Conduct inimical to the interests of 0 Maintenance Requirements. the public health, safety, welfare or 1. Each establishment shall have a morals. separate restroom and separate 4. Engaging in any conduct involving locker room facilities for each sex. t moral turpitude or permitting or 2. All locker rooms, restrooms and allowing others to so engage in such bathrooms used on the premises conduct or failing to prevent such shall be constructed of materials conduct. which are impervious to moisture, 5. Failure to fully comply with any bacteria, mold or fungus and must requirements of this ordinance or be kept in a sanitary condition failure to comply with any which is defined as free from the requirements of the ordinances of vegetative cells of pathogenic the City of Brooklyn Center relating. microorganisms. The floor -to -wall to public health and sanitary con- and wall joints shall be constructed z+ ditions, building and construction to provide a sanitary cove with a codes, zoning codes and minimum radius of one inch. requirements of any ordinance, the 3. All restrooms shall be provided with violation of which involves moral mechanical ventilation with cfm turpitude. per square foot of floor area, a hand section 23 -18I5. Liability for the 6. Conviction of an offense involving Crimes of Another. Every person who .washing sink equipped with hot and moral turpitude by any court of commits or att to commit, 0 cold running wafer under pressure, P sanitary towels and a soap competent jurisdiction. conspires to commit or aids and abets dispenser. 7. Engaging in any conduct which in the commission of any act con would constitute grounds for refusal 4. All rooms in the licensed premises stituting a violation of this ordinance to issue a license under Section 23- or an act, which constitutes an including but not limited to rap 1806 of this ordinance. y rooms, conversation rooms, omission and, therefore, a violation of This licensee may appeal such this ordinance, whether individual) modeling rooms, dancing rooms, suspension, revocation or nonrenewal or in connection with one or more restrooms, bathrooms, janitor's. to the City Council. The Council shall closet, hallways, and reception area persons or as principal, agent or ac- consider the appeal at the next cessory, shall be guilty of such offense shall be illuminated with not ions regularly scheduled Council meeting and every person who falsely, than 30 foot candles of illumination. on or after 10 days from service of the fraudulently, forcibly or willfully, S. Each establishment shall have notice of appeal to the City Manager, induces, causes, coerces, requires, janitor's closet which shall provide a At the conclusion of the hearing the a permits or directs another to violate for the storage of cleaning supplies. a Council may order. This or any of a tha:}rowsiapa..ot- .'ti' Such closet shall have mechanical 1. The revocation, suspension or altelo th of i oil Secti ventilation with 2 cfm per square nonrenewal of the license. on 3.. foot of floor area. Such closet shall 2. That the revocation, suspension or di include a mop sink, nonrenewal be lifted and that the u lit"a 6. Floors, walls and equipment in rap certificate be returned to the cer- legal' piMYill.Oon. rooms, conversation rooms, tificate holder. Adopted this 'ay of q modeling rooms, dancing rooms and 3. The City Council may base either 1978. in restrooms and in bathrooms used suspension or issuance of the cer in connection therewith must be tificate upon any additional terms, a Mayor kept in a state of good repair and r conditions and stipulations which ATTEST clean at all times. Linens and other they may in their sole discretion Clerk materials shall be stored at least 12 impose. I Effective Date inches off the floor. Clean towels Section 23 -1812. Exceptions. This (Bold Face indicates new matter.) and wash clothes must be made ordinance does not apply to nor in- (Published in the Brooklyn Center available for each customer. clude bona fide legal, medical, Post November 30, 1978.) 7. Individual lockers shall be made psychiatric, psychological, family or e available for use by patrons. Such marriage counseling services by a lockers shall have separate keys for person, persons or businesses ap- locking. propriately licensed by the State of 8. Such establishments shall provide Minnesota by local units of govern adequate refuse receptacles which ment or any other appropriate shall be emptied as required. licensing authority; nor does this 9. The doors to the individual rap ordinance apply to bona fide financial rooms, conversation rooms, counseling services or bona fide modeling rooms or dancing rooms educational institutions completely shall not be equipped with any complying with state and local 0 locking device and shall not be regulations or the regulations or any locked or obstructed from either licensing authorities nor does it apply side of the door. to bona fide churches, synagogues, or r institutions or organized religions or to Section 23 -1810. Health and Disease seminars, panel discussions or group Control. No person while afflicted with classes sponsored by bona fide any disease in a communicable form, religious institutions or educational or while a carrier of such disease, or institutions. while afflicted with boils, infected Section 23 -1813. Separability. Every wounds, sores, or an acute respiratory section, provision or part of this or- infection, shall work in or use the dinance is declared separable from e� services of any public rap parlor, every other section, provision or part conversation parlor, adult encounter to the extent that if any section, group, adult sensitivity group, escort r provision or a part of the ordinance service, model service, dancing shall be held invalid, such holdings service or hostess service in any shall rat invalidate any other section, capacity in which there is a likelihood provision or part thereof. of such person contaminating surfaces Section 23 -1814. Penalties. Whoever with pathogenic organisms, or tran- does any act forbidden by this or- smitting disease to other individuals; dinance or omits or fails to do any act and no person known or suspected of required by this ordinance shall be p being afflicted with any such disease guilty of a misdemeanor and upon or condition shall be employed or conviction thereof by lawful authority, permitted in such an area or capacity. be punished by a fine not to exceed Section 23 -1811. Revocation and 8500, and by imprisonment not to Suspension of License. The license exceed 90 days or both. Each day that may be revoked, suspended or not a violation exists constitutes a renewed by the City Council upon separate and distinct offense. recommendation of the City Manager by showing that the licensee, its owners, managers, employees, agents p or any of its interested parties have engaged in any of thefollowing con- duct: 1. Fraud, deception or misrepresen- tation in connection with the secur- ing of the license.