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HomeMy WebLinkAbout1978-03 03-20 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 78 AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF BUSINESSES OR COMMERICAL ESTABLISHMENTS OFFERING SAUNAS OR SAUNA BATHS, REQUIRING A LICENSE TO OPERATE SUCH FACILITIES AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THESE FACILITIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 23 -1600. STATEMENT OF POLICY The City Council of the City of Brooklyn Center deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which offer saunas or sauna baths to the general public in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. The City Council further finds that commerical enterprises offering saunas or sauna baths are susceptible of operation in a manner contravening, subverting or endangering the morals of the community thus requiring close inspection, licensing and regulation. The City Council also finds that control and regulation of commercial establish- ments of these types, in view of the abuses often perpetrated, requires intensive efforts by the police department, public health sanitarian and other departments of the City and, as a consequence, the concentrated use of City services in such control detracts from and reduces 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. In consideration for the necessity on the part of the City to provide numerous services to all segments of the community, without a concentration of public services in one area to work to the detriment of the members of the general public, it is herebv decided that the number of sauna licenses issued pursuant to this Ordinance or the number of massage parlor licenses issued pursuant to Ch apter 23 -1700, which may be in force at anv one time, either licensing sauna parlors, massage parlors or any combination thereof, shall be no more than a total of three such licenses. Section 23 -1601. DEFINITIONS 1. "Sauna" means and includes a steam bath, hot water bath or heat bathing by use of heat lamps and any such room or facility specially constructed therefor, used for the purposes of bathing, relaxing or reducing utilizing steam, hot air, hot water or heat lamps as a cleaning, relaxing or reducing agent. f ORDINANCE NO. 78 -3 Section 23 -1602. LICENSE REQUIRED No person shall enaaae in the business of operating a sauna or sauna bath either exclusively or in connection with any other business enterprise without beina first licensed as provided in this Ordinance. Section 23 -1603. CONTENTS OF APPLICATION FOR LICENSE Application for a license shall be made only on the forms provided by the City Manager. Four complete copies of the application must be submitted to the City Manager's office containina the address and leaal description of the oroperty to be used, the name. address and telephone number of the owner, lessee, if any. and the operator or manaaer, the name, address and telephone number of two persons. who shall be residents of Hennepin County who may be called upon to attest to the applicants, managers or operator's character- whether the annlicant. ma nager or operator has ever been convicted of a crime or offense other than traffic offense and, if so, complete and accurate information as to the time. place and nature of such crime or offense including the disposition thereof- the names and addresses of all creditors of the applicant, owner, lessee, or manaaer insofar as and reaardina credit which has been extended for the purposes of constructina eauippina main tainina, operatina or furnishina or acauirina the premises, personal effects, equip- ment or anvthina incident to the establishment, maintenance and operation of a sauna parlor or sauna bath. If the application is made on behalf of a corporation, ioint business venture, partnership or any legally constituted business association. it shall submit alona with its application, accurate and complete business records M showing the names and addresses of all individuals havina an interest in the business including creditors furnishina credit for the establishment, acauisition. maintenance and furnishina of said business and. in the case of a corporation. the names and addresses of all officers, aeneral manaaers, members of the Board of Directors as well as any creditors who have extended credit for the acauisition. maintenance, operation. or furnishina of the establishment including the purchase or acauisition of any items of personal property for use in said operation. All applicants shall furnish to the City, alona with their applications, complete and accurate documenta- tion establishiria the interest of the applicant and any other person, havina an inter- est in the premises upon which the buildina is proposed to be located or in the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed. contract for deed. mortaaae deed mortaaae credit arranaement loan aareements security aareements and any other documents establishing the interest of the applicant or any other person in the operation, acauisition or maintenance of the enterprise offerina a sauna or sauna bath. The application shall also contain blue prints, diagrams, plans, layouts, and the like showing the construction, revision, remodeling, alteration or additions of or to the premises and specifically showing the layout, design and arranqement of the bathing and restroom facilities and the size and type of equipment and facilities to be used. i ORDINANCE NO. 78-3 Section 23 -1604. LICENSE FEE, LICENSE INVESTIGATION AND LICENSE YEAR The annual license fee shall be as set forth in Section 23 -010 of the City Ordinances and an investigation fee for the purposes of issuing a license is $1,500. The license fee and fee for the investigation of the license 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 or surrendered, no part of the annual license fee or fee for the investiaation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year or a part thereof for which it has been issued. The fee for the investiaation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a proposed chancre of ownership or reapplication for a license wherein additional or different parties other than the original licensee and parties are proposing to be licensed. All licenses granted herein are nontransferable. Section 23 -1605. GRANTING OR DENIAL OF LICENSES License applications shall be reviewed by the Police Department, Planning and Inspection Department, Health Department and such other departments as the City Manaaer shall deem necessary. The review shall include an inspection of the premises covered by the application to determine whether the premises conforms to all applicable code requirements. Thereafter, licenses shall be recommended for approval or denial by the City Manager to the City Council subiect to the provisions of this section. Any appeals shall be before the City Council. A license permitting the conduct of an establishment offering saunas or sauna baths are nonrenewable and application must be made each year for a license, permitting and allowing the conduct of such business for the succeeding year. Licenses for the establishment or conduct of a sauna parlor are nontransferable. Section 23 -1606. CONDITIONS GOVERNING ISSUANCE 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or interested parties are persons of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, employees, agents or interested parties are free of con victions 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. 3. Licenses shall be issued only to applicants who have not, within one year prior to the day of application, have been denied licensure, have had a license revoked or suspended in or by any community or political subdivision or the State of Minnesota and whose owners, managers or any interested parties have not been similarly denied, revoked,or suspended. ORDINANCE NO. 78 -3 4. Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and truthfully with the City in the review of the application. 5. If the applicant is a natural person, a license shall be granted only if such person is 18 Years of aqe or older. 6. Licenses may be aranted only in complete conformity with the zoning ordinances of the City of Brooklyn Center. 7. Licenses shall be Granted only to establishments which can meet the safety. sanitary and building code requirements of the City. 8. A license shall not be granted if arantina the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 23 -1607. RESTRICTIONS AND REGULATIONS 1. The licensee and the persons in its employ, aaencv or persons with an interest in such business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center and the State of Minnesota and the United States Government. 2. 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. Such person 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 Depart- ment in writina of any such chanae indicating the name and address of the new manager and the effective date of such chance. 3. The licensee shall furnish the Police Department with a list of current employees indicating their names and addresses and desianatina the duties of the employees within the sauna bath or sauna parlor. The licensee shall promptly notify the Police Department of any additions or deletions in the list of employees or chances in their iob descriptions or duties. 4. The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 11 :00 p.m. and 8 :00 a.m. of the succeeding day. 5. The licensee shall permit and allow the inspection of the premises during business hours by all appropriate City employees. ORDINANCE NO. 78 -3 6. Upon demand by any police officer any Person employed in any licensed premises shall identify himself by aivina his true legal name and his correct address. 7. No person under 18 years of age shall be employed in an establish- ment requirinq a license under the provisions of this ordinance. 8. All equipment or personal property used in or for a sauna or sauna bath shall be of a safe and sanitary design as approved by the City Sanitarian and the entire premises wherein saunas or sauna baths are given, administered or allowed and all personal property, clothina„ towels and the like used therein shall be sanitary which is defined as a complete absence of the veqatative cells of pathogenic micro- organisms. 9. The licensee and all persons in its employ or connected therewith shall maintain an occupancy or quest reqister by which each patron of the sauna or sauna bath must reqister with his correct name, address and phone number and each licensee, or person in its employ shall require each patron to furnish identification describing and identifvinq his correct name, address and Phone number and shall further require each Patron to correctly and truthfully furnish his name, address and telephone number to said quest register before the administration of any services of the sauna or sauna baths. Said occupancy reqister or quest register must be maintained on file for inspection by officers, employees or agents of the City of Brooklyn Center or any other aqency of any political subdivision, the State of Minnesota or aqency of the United States Government for a period of not less than two years. Section 23 -1608. EMPLOYEE REGULATIONS At all times durinq the operation of any sauna Parlor, sauna or sauna bath„ male employees and attendants shall attend to, assist or otherwise serve only male patrons and female employees shall attend, assist or otherwise serve only only female patrons and at all times, employees of the sauna Parlor, sauna or sauna bath must remain and be fully clothed. Section 23 -1609. CONSTRUCTION AND MAINTENANCE REQUIREMENTS 1. Each establishment shall have a separate restroom and separate locker room facilities for each sex. 2. All sauna rooms, locker rooms. restrooms and bathrooms used on the premises shall be constructed of materials which are impervious to moisture, bacteria, mold or funqus and must be kept in a sanitary condition which is defined as free from the vegetative cells of patho- genic microorganisms. The floor -to -wall and wall ioints shall be constructed to Provide a sanitary cove with a minimum radius of one inch. ORDINANCE NO. 78 -3 3. All restrooms shall be provided with mechanical ventilation with 2 cfm per square foot of floor area, a hand washina sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. 4. All rooms in the licensed premises including but not limited to sauna rooms, massage rooms, restrooms, bathrooms, ianitor's closet, hall ways, and reception area shall be illuminated with not less than 30 foot candles of illumination. 5. Each establishment shall have a ianitor's closet which shall provide for the storage of cleaning supplies. Such closet shall have mechanical ventilation with 2 cfm per square foot of floor area. Such closet shall include a mop sink. 6. Floors. walls and equipment in sauna rooms and in restrooms and in bathrooms used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be made available for each customer. 7. Individual lockers shall be made available for use by patrons. Such lockers shall have separate kevs for locking. 8. Such establishments shall provide adequate refuse receptacles which shall be emptied as required 9. The doors to the individual sauna rooms shall not be equipped with anv locking device and shall not be blocked or obstructed from either side of the door. Section 23 -1610. HEALTH AND DISEASE CONTROL No person while afflicted with anv disease in a communicable form, or while a carrier of such disease. or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall work in or use the services of any public steam bathing rooms, heat bathinq room, bathroom, reducing or relaxation establishment in any capacity in which there is a likelihood of such person contaminating surfaces with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being afflicted with anv such disease or condition shall be emploved or permitted in such an area or capacity. Section 23 -1611. REVOCATION AND SUSPENSION OF LICENSE The license may be revoked, suspended or not renewed by the City Council upon recommendation of the Citv Manager by showinq that the licensee, its owners, managers, emplovees, agents or anv of its interested parties have engaged in any of the following conduct: ORDINANCE NO. 78-3 1. Fraud, deception or misrepresentation in connection with the securing of the license. 2. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs defined in Minnesota Statutes, Section 618.01. barbiturates. hallucinogenic drugs, amphetamines. benzedrine, dexedrine or other sedatives, depressants, stimulants or tranauilizers 3. Conduct inimical to the interests of the public health, safety, welfare or morals. 4. Engaging in any conduct involvina moral turpitude or permitting or allowing others to so engage in such conduct or failina to prevent such conduct. 5. Failure to fully comply with any requirements of this ordinance or failure to comply with any requirements of the ordinances of the City of Brooklyn Center relatina to public health and sanitary conditions. building and construction codes, zonina codes and requirements of any ordinance the violation of which involves moral turpitude. 6. Conviction of an offense involving moral turpitude by any court of competent iurisdiction. 7. Engaging in any conduct which would constitute grounds for refusal to issue a license under Section 23 -1606 of this ordinance. The licensee may appeal such suspension. revocation or nonrenewal to the City Council. The Council shall consider the appeal at the next reqularlv scheduled Council meeting on or after 10 days from service of.the notice of appeal to the City Manager. At the conclusion of the hearing the Council may order: 1. The revocation. suspension or nonrenewal of the license. 2. That the revocation, suspension or nonrenewal be lifted and that the certificate be returned to the certificate holder. 3. The City Council may base either suspension or issuance of the certificate upon any additional terms condition a stipulations s nd which thev may in their sole discretion impose. ORDINANCE NO. 78 -3 Section 23 -1612. EXCEPTIONS This ordinance does not apply to the operation of a sauna which is operated in connection with or as a part of a chiropractic office wherein the practitioners thereof are licensed by the State of Minnesota or as a Dart of a fully equipped, bona fide health club, havina a fully eauipped exercise room, complete with types and Pieces of equipment in operating and workina order of a type required for all forms of physical exercise, staffed and administered by persons trained as athletic directors, trainers, physical therapists or chiropractors. which offers complete exercisina, physical training and reducing services including recommendations as to food, health, diet and the like. nor does this ordinance aDDIv to any municipal corporation nor does this ordinance apply to anv sauna located in any commercial office buildina. apartment building, hotel or motel. which is clearly incidental and secondary to the permitted principal use and which is offered solely and exclusively to bona fide tenants, emDlovees of said tenants. residents. auests of said residents and reaistered lodaers respectively. of said buildings. hotels and motels; and which is not offered to the public aenerallv and as to which there is no public advertisina or public offer of these saunas via any news media. Section 23 -1613. SEPARABILITY Every section, provision or a part of this ordinance is declared separable from every other section. provision or Dart to the extent that if any section. provision or a part of the ordinance shall be held invalid, such holdinas shall not invalidate any other section, provision or Dart thereof. Section 23 -1614. PENALTIES Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be auiltv of a misdemeanor and upon conviction thereof by lawful authority, be punished by a fine not to exceed $500 and by imprison- ment not to exceed 90 days or both. Each day that a violation exists constitutes a separate and distinct offense. Section 23 -1615. LIABILITY FOR THE CRIMES OF ANOTHER Every person who commits or attempts to commit. conspires to commit or aids and abets in the commission of anv act constitutina a violation of this ordinance or any act. which constitutes an omission and therefore a violation of this ordinance, whether individually or in connection with one or more persons or as principal, aaent or accessory. shall be auiltv of such offense and every person who falsely, fraudu- lently. forcibly or willfullv. induces, causes. coerces. reauires permits or directs another to violate any of the provisions of this chapter is likewise auiltv of such 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. Fee (annual, Type of License Reauired by Section License Expires unless otherwise i stated) Saunas or 23 -1604 Dec. 31 $3, 000 Sauna Baths I ORDINANCE NO. 78 -3 Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 20th day of March 1978 Mayor ATTEST:�fil�. Clerk Date of Publication March 9, 1978 Effective Date April 8, 1978 (Underline indicates new matter.)