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HomeMy WebLinkAbout1978-04 03-20 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 78 -4 AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF MASSAGE PARLORS, REQUIRING A LICENSE TO OPERATE SUCH FACILITIES AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION, ACQUISITION, MAINTENANCE AND OPERATION OF SUCH 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 -1700. STATEMENT OF POLICY. The City Council of the City of Brooklvn 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 against the inception and transmission of disease. The City Council further finds that commercial enterprises offering massages are susceptible of operation in a manner contravening, subverting and 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, require 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 Citv 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 working to the detriment of the members of the general public, it is hereby decided that the number of massage parlor licenses issued pursuant to this ordinance or the number of sauna licenses issued pursuant to Chapter 23 -1600, which may be in force at anv one time, either licensing massage parlors, sauna parlors or anv combination thereof, shall be no more than a total of three such licenses. Section 23 -1701. DEFINITIONS. 1 The term "massage" means 'the rubbing, stroking, kneading, tapping or rolling of 'the body of another with the hands for 'the exclusive purpose of physical fitness, relaxation, beautification and for no other purpose. 2. The term "masseur" means a male person who practices or administers massage. ORDINANCE NO. 78-4 3. The term "masseuse means a female p erson wbn nrar•tires or adminic•tcrc massage. 4. The term "certificate" as >>sPd h r in means a [`Prtifira•te isgued by he City authorizing 'the holder thereof to oractice or administer massage in 'the City of Brooklyn Center. Section 23 -1702. MASSAGE DISTINGUISHED The practice of massage is hereby declared to be distinct from the p ractice of medicine, surgery, osteopathy, chiropractic. physical thera•ov. or nod ia•try and persons duly licensed in this state 'to practice medicine, suraerv, osteonathv. c hiropractic physical therapy or podiatry, nurses who work solely under -the direction of any such persons, athletic directors and trainers are hereby expressly excluded from the pro- visions of -this section. Beauty culturists and barbers who do not give. or hold 'themselves out 'to give, massage 'treatments, as defined herein. other than U customarily given in such shops or places of business for the purpose of beau tification only shall be exempt from the provisions of 'this section. Section 23 -1703. LICENSE AND CERTIFICATE REOUIRED., No person shall engage in the business of ox�eratina a massaae par or massage establishment either exclusively or in connection with anv other busi enterprise without being first duly licensed as provided herein. No person s hall engage in or hold himself or herself out as being enaaaed in the practice of massaae nor shall any person administer or practice massage commercially or for hire. or for 'the exchange of any valuable consideration within the City of Brooklyn Center w ithout first having obtained a certificate as herein orovided except anv person who is c urrently registered by the State Board of Medical Examiners., Section 23 -1704. CONTENTS OF APPLICATION FOR LICEN!3L Application for license shall be made only on the forms provided by file (Uy Manager. Four complete copies of 'the application shall be furnished to the o ffice of 'the City Manager containing the address and leQal description of the nr.on to be used, the names, addresses and phone numbers of the owner, lessee, if a ny, and 'the operator or manager, the name, address and telephone number of two pe rsons, Who shall be residents of Hennepin County and who may be called upon to att to the applicant's, manager's or operator's character: whether the applicant, ma nager or operator has ever been convicted of a crime or offense other than a traffic of fense and, if so, complete and accurate information as to the time place and nat of such crime or offense including the disuosition •thereof: the names and address of all creditors of the applicant, owner,, lessee. or manaaer insofar as and reaar credit which has been extended for the purposes of constructing, eauinnina, mainta M ing, operating or furnishing or acquiring •the premises personal effects. eai lipmen•t or anything incident to the establishment, maintenance and operation of a massage narinr or massage establishment. If 'the application is made on behalf of a corporat join business venture, partnership or anv legally constituted business associa'V it shall submit along with its application,, accurate and complete business records show- ing •the names and addresses of all individuals having an interest in the busi including creditors furnishing credit for the establishment, acquisition. maintenance ORDINANCE NO. 78-4 and furnishings of said business and, in the case of a corporation, 'the names and addresses of all officers. general managers, members of the board of directors as well as anv creditors who have extended credit for the acquisition, maintenance, operation or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation. All applicants shall furnish to the Citv, along with their applications, complete and accurate documentation establishing the interest of the applicant and anv other person, having an interest in the premises upon which the building is proposed to be located or in the furnishings 'thereof, personal property thereof, or the operation or maintenance 'thereof. Documen- tation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage, credit arrangement, loan agreements, securi agreements and anv other documents establishing the interest of the applicant or anv other person in the operation, acquisi- tion or maintenance of the enterprise offering a massage. The application shall also contain blueprints, diagrams, plans, lavouts and the like showing the construction, revision, remodeling, alteration or additions of or -to the premises and specifically showing the layout, design and arrangement of the bathing and restroom facilities and the size and type of equipment and facilities to be used. Section 23 -1705. CONTENTS OF THE APPLICATION FOR CERTIFICATE. Application shall be made onlv on forms provided by the Citv Manager. The application shall contain the followina information together with anv other informa- tion which the Citv Manager may require: 1. Evidence of the applicant's education aualifications, including originals or certified copies of degrees. diplomas or certificates, if anv. 2. Evidence of applicant's practical aualifications to practice massage. 3. Evidence that the applicant is of good moral character. 4. The names and addresses of two persons, residents of Hennepin County, who may be referred to as the applicant's character. 5. Whether the applicant has ever been convicted of a crime or offense other than a traffic offense, and if so, information as to the time, place and nature of such crime or offense. 6. Evidence in the form of a current certificate from a licensed phvsiciaz practicing in Minnesota indicating (2) that within the past I ORDINANCE NO. 78 -4 30 days he has examined the applicant, and (b) tha t such examination was for the purpose of determining whether applicant had any communicable disease and (c) tha t as a result of such examination he believes that applicant is not suffering from any communicable disease which would disqualify the applicant from engaging in the practice of massage. Section 23 -1706. LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR. The annual license fee shall be as set forth in Section 23 -010 of the City Ordinances and an inves•tiga•tion fee for •the Durnoses of issuing a license is $1,500. The license fee and fee for •the inves•tiga•tion of •the license shall be paid when the application is filed. In the event tha t 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 investigation 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 vear for each place of business. The licensee shall display the license on a Drominent place in the licensed premises a•t all times. A license unless revoked, is for the calendar vear or a Dart thereof for which it has been issued. The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be Raid a•t any time when there is a Droposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and interested Darties are proposing to be licensed. A license for the oDera•tion of a massage Darlor is nontransferable. Section 23 -1707. CERTIFICATE FEE CERTIFICATE INVESTIGATION FEE AND CERTIFICATE YEAR. The annual certificate fee shall be as set forth in Section 23 -010 of the City Ordinances, and- an investigation fee for ,the purposes of issuing a certificate is one hundred ($100) dollars. The certificate fee and fee for the investigation of the certificate shall be Daid when the aDvlicattion is filed. In the event that the applica- tion is denied or in the event that the certificate, once issued, is revoked, cancelled or surrendered, no part of the annual certificate fee or fee for the investigation for the issuance of a certificate shall be returned to the applicant unless by express action of the City Council. A seDara•te certificate shall be obtained each vear. The certificate holder shall display the certificate on a Drominent place in the premises of 'the certificate holder a•t all times. A certificate, unless revoked, is for the calendar year or a part thereof for which i•thas been issued. The fee for the inves•tiga•tion for issuance, of a certificate must be tendered with each new application for a certificate and must also be paid a•t any time when there is a Droposed change of ownership or reapplication for a certificate wherein additional or different narties other than the original certificate holder are proposinq certification. A certificate permi•ttinq the holder thereof to practice massage is nontransferable. ORDINANCE NO. 78 -4 Section 23 -1708. GRANTING OR DENIAL OF LICENSES AND CERTIFICATES. License abplica•tzons and certificate aDalica'tions shall be reviewed by *the Police Department. Plannina and Inspection Deoartmen•t. 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 apmlicable code reauirements Thereafter, licenses and certificates shall be recommended for approval or denial by •the City Manager to the City Council subiec•t 'to the provisions of 'this ordinance. Any appeals shall be before 'the City Council. A license Permittinq •the conduct of a massage parlor or massaae establishment is nonrenewable and nontransferable and aDDlica•tion must be made each vear for a license. Dermittinq and allowing the conduct of such business for the succeeding vear. A certificate permitting the holder thereof to orac•tice or administer massage commercially is nonrenewable and nontransferable and aDDlica•tion must be made each year for a certificate permitting and allowing 'the holder thereof to administer or Dractice massage for •the succeeding year. Section 23 -1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE. 1. No license shall be issued if the aPDlican•t or any of its owners, managers, employees, agents or interested parties is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of convictions for offenses Which involve moral 'turpitude or which relate directly to such person's ability, capacity or fitness 'to perform the duties and discharge the respon- sibilities of the licensed activity. 3. Licenses shall be issued only to aDDlicants who have not, within one year Prior to the day of aDDlica•tion have been denied licensure have had a license revoked or suspended in or by anv community or political subdivision or the State of Minnesota and whose owners, managers, or any interested Parties have not been similarlv denied. revoked, or suspended. 4. Licenses shall be issued only to apalican'ts who have answered fully and truthfully all of 'the information reauested in 'the aDDlica•tion, who have Paid the full license fee and fee for inves'tiga•tion and have cooDera•ted fully and truthfully with the City in the review of the application. 5. If the applicant is a`ha•tural Person, a license shall be granted only if such person is 18 years of age or older. 6. icenses may only be ranted when in comPle'te conformit with the L v v g Y zoning code of the City of Brooklyn Center. ORDINANCE NO. 78 -4 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 granting 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 -1710. CONDITIONS GOVERNING ISSUANCE OF THE CERTIFICATE. 1 Certificates shall be issued only to persons of good repute and persons who are in good health and free from any communicable diseases which would disgualifv the applicant from engaging in -the practice of massage. 2. Certificates shall be issued only to persons free of convictions of offenses which involve moral 'turpitude or which relate directly to the person's ability, capacity, or fitness to perform -the duties and discharge the responsibility of the occupation. 3. Certificates shall not be issued to persons who, within one year prior to the date of application, have been denied certification or who has had his or her certificate revoked or suspended in or by any political subdivision, municipality or by the State of Minnesota. 4. Certificates shall be issued only to persons who have fully and truthfully answered all of the information requested in the application and have paid the full certification fee and certification investigation fee. 5. Certificates shall be issued only to persons 18 years of age or older. Section 23 -1711. RESTRICTIONS AND REGULATIONS. 1. No licensee shall employ any person as a masseur or masseuse without first insuring that said employee possesses a valid certificate for the administration or practice of massage. 2. The license premises shall not be open or in operation between the hours of 11:00 p m and 8:00 a.m. on the succeeding day nor shall any person engaged in the practice of massage be on said premises or perform any massage or administer any such services between the hours of 11 :00 p.m. and 8 :00 a.m. on the succeeding day. ORDINANCE NO. 78 -4 3. The licensee, masseuse, or masseur and anv persons in their emplov or agents or officers there of and any and all persons with an interest in said business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center, the State of Minnesota, and the United States government. 4. If the licensee is a partnership or 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 desianated in writina by the licensee. The licensee shall promptly no•tifv the police department in writing of anv such change indicating 'the name. address and telephone number of the new manager and -the effective date of such change. 5 The licensee shall permit and allow the inspection of the premises during business hours by anv and all appropriate City employees and agents. 6. The licensed premises must be kept and maintained in a sanitary condition defined as being free from the vege•ta•tive cells of pathogenic microorganisms and all equipment, personal property, 'tables, beds, towels, clothinq and the like used in or for the purpose of massage shall also be maintained in a sanitary condition as defined herein. 7. Anv person acting as a masseur or masseuse shall have his or her certificate displaved in a prominent place at his place of employment and upon demand by anv police officer or other authorized officer or agent of the Citv of Brooklvn Center, any person engaged in practicing massage shall identifv himself or herself giving his or her true legal name, correct address and phone number. 8. No person under 18 vears of age shall be permitted upon or allowed to be emploved or to serve in anv establishment licensed under the provision of this ordinance. 9. Anv person practicing massaae within the City of Brooklyn Center shall initially advise the City of his or her address and telephone number and shall further advise the Citv of anv chances in address or telephone number within thirty (30) days of such chance. 10. Anv person practicing massage within 'the Citv may do so only a•t premises which are licensed for the conduct of such business as herein provided and further anv person practicing massage shall inform the City of any changes in emplovment or the location of his emplovmentt within the City within seven (7) days after such change. ORDINANCE NO. 78 4 11. It is unlawful for a masseur to practice massaqe upon any person except a male and for a masseuse 'to practice massage on any person except a female. 12. Any masseur or masseuse practicing massage shall have the upper and lower parts of his or her bodv covered and comple clothed by a non- 'transparent uniform or cloth at all times. 13. Every person to whom a certificate is issued shall appear personally at the police department to receive delivery of the certificate and upon such appearance, shall be photographed and fingerprinted for identification Purposes. One copy of •the photographs shall be permanently affixed to *the certificate and a second conv thereof shall be kept in the files of the police department. 14. Each licensee shall keep on the licensed premises and for each licensed premises an occupancv or quest register which shall contain the true correct name, address and phone number of each patron of the licensed premises. Each licensee, his employees, masseurs, masseuses, or agents of them shall require each patron •to identifv himself by such sufficient identification showing the true correct name, address and phone number of said patron. The occupancy register or guest register shall be maintained on the licensed premises and open for inspection by officers, emplovees and agents of the City of Brooklyn Center, the State of Minnesota or the United States aovernmen•t and must be maintained for a period of not less than two years. Section 23 -1712. CONSTRUCTION AND MAINTENANCE REQUIREMENTS 1 Each licensed premises shall have a separate res•troom and separate locker room for members of each sex. 2. All massage rooms, restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious 'to moisture, bac mold or fungus growth and shall be maintained in a sanitary condition defined as being completely free from the vegetative cells of pathogenic microorgan- isms. The floor- and wall ioints shall be constructed to provide a sanittary cove with a minimum radius of one inch. All eauipment, personal property, beds, towels, clothing and the like used in the massage parlor shall be of a sanittary design and kept in a sanitary condition. ORDINANCE NO. 78 -4 3. All res•trooms shall be provided with mechanical ventilation with •two cfm per square foot of floor area, a hand washing sink eauipped with hot and cold running water under pressure. sani•tary 'towels and a soap dispenser. 4. All rooms in the licensed premises includinq but not limited to sauna rooms, massage rooms, restrooms, bathrooms, ianitoes closet. hallways and reception area shall be illuminated with not less than 'thirty -foot candles of illumination. 5. Each licensed premises shall have a janitor's closet which shall provide for the storage of cleaning supplies. Such closet shall have mechanical ventilation of two cfm per square foot of floor area. Such closet shall include a mop sink. 6. Floors, walls and equipment in massage rooms, resstrooms and bathrooms must be kept in a state of good repair and sani•tary at all 'times. Linen and other materials shall be stored at least twelve inches off the floor. Clean towels, wash cloths, and linens must be available for each customer. 7. Individual lockers shall be made available for use by patrons, with each locker having separate keys for locking. 8. Such licensed premises shall provide adeauate refuse recepticles which shall be emptied as often as required. 9. The doors to the individual massage rooms shall not be eauipped with any locking device nor shall thev be blocked or obstructed from either side of the door. Section 23 -1713. 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 any acute respiratory infection shall work in or use the services of anv public massage room and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. Section 23 -1714. REVOCATION, SUSPENSION OR NONRENEWAL OF LICENSE. The license may be revoked, suspended or not renewed by the City Council upon recommendation of the Citv Manager by showing that the licensee, its owners, managers, employees, agents or anv other interested parties have engaged in any of the following conduct: 1. Fraud, deception or misrepresentation in connection with the securing of 'the license. ORDINANCE NO. 78-4 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 barbituates hallucinogenic drugs, amphe benzedrine, dexedrine or other sedatives, depressants, stimulants or *tranquilizers. 3. Conduct inimical to the interests of the public health, safety, welfare and morals. 4. Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral turpitude 5. Failure to fully comply with anv reauirements of the ordinances of the City of Brooklyn Center regarding sanitary and safety conditions, zoning requirements. building code requirements or ordinances, the violation of which involves moral turpitude, or failure 'to comply fully with any requirements of this ordinance. 6. Conviction of an offense involving moral turpitude by any court of compe•ten•t iurisdiction. 7. Engaging in any conduct which would cons•ti•tu•te grounds for refusal to issue a license herein. The licensee may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall consider the appeal a the next regularly scheduled Council meeting on or after ten days from service of the notice of appeal 'to the City Manager. At the conclusion of the hearing, the Council may order- 1 That the revocation, suspension or nonrenewal be affirmed. 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, conditions and stipulations which they may, in their sole discretion, impose. Section 23 -1715. REVOCATION. SUSPENSION OR NONRENEWAL OF CERTIFICATES. Certification may be recommended by the City Manager for revocation or suspen- sion or not renewed by 'the City Council for anv of the following: ORDINANCE NO. 78 -4 1 Fraud, deception or misrepresentation in connection with the securing of certification. 2. Habitual drunkenness or intemperance in the use of drugs including but no limited to the use of drugs defined in Minnesota Statutes, Section 618.01, barbituates hallucinogenic drugs, amphetamines, Benzedrine, dexedrine or other sedatives, depressants, stimulants, or tranquilizers 3. 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. The certificate holder may appeal such suspension, revocation or nonrenewal W 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: 1 That the revocation, suspension or nonrenewal be affirmed. 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, conditions and stipulations which they may, in their sole discretion, 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 ordinance and every employer shall require '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. ORDINANCE NO. 78-4 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 auil•ty 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 anv combination of either. Each day •tha•t a violation exists constitutes a separate and distinct offense. Section 23 -1720. 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 ac•t constitu•tina a violation of this ordinance or any act, which cons•ti•tuutes an omission and, therefore. a violation of this ordinance, whether individually or in connection with one or more persons or as principal, agent or accessorv, shall be guilty of such offense and every person who falselv, fraudulently forcibly or willfully induces, causes, coerces, requires, permits or directs another 'to violate any of 'the provisions of this chapter is likewise quilty of such offense. Section 23 -010. LICENSE FEES. a of withs•tandin s for various a hereinafter stated, n The fee r the rious licenses shall be s herei g other ordinance provisions regarding the specific fee. Fees (annual Type of License Required by Section License Expires unless otherwise stated) Massage Parlors 23 -1706 Dec. 31 $3,000 Masseur or 23 -1707 Dec. 31 50 Masseuse Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 20th day of March 19 78 Mayor ATTEST:�/� -�m-� CIi5fk II I Date of Publication March 9, 1978 Effective Date April 8, 1978 (Underline indicates new matter