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HomeMy WebLinkAbout1978-14 12-18 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 78 -14 AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF RAP PARLORS, CONVERSATION PARLORS, ADULT ENCOUNTER GROUPS, ADULT SENSITIVITY GROUPS, ESCORT SERVICES, MODEL SERVICES, DANCING SERVICES OR HOSTESS SERVICES, REQUIRING A LICENSE TO OPERATE SUCH BUSINESSES 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 -1800. Statement of Policy. The City Council of the City of Brooklyn Center deems it necessary to provide for the special and express regula- tion of businesses or commercial enterprises which operate as rap parlors, con- versation parlors, adult sensitivity groups, adult encounter groups, escort services, model services, dancing services or hostess services in order to protect 'the public health, safety and welfare and to guard against the inception and trans- mission of disease. The City Council further finds that commercial enterprises as the type described above are susceptible of operation in a manner contravening, subverting or endangering the morals of the communitv thus reauiring close inspection, licensing and regulation. The City Council also finds that control and regulation of commercial establishments of these types, in view of the abuses often Derpitrated, requires intensive efforts by the Dolice 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 services 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 Dart 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 members of the general public, it is hereby decided that the number of licenses issued Dursuant 'to 'this ordinance or the number of licenses issued either Dursuant •to Chapter 23 -1600 or 23 -1700 which may be in force at any one time, either licensing sauna parlors, massage parlors, or the commercial establishments described in this ordinance, 23 -1800, or any combi- nation 'thereof. shall be no more than a total of three such licenses. ORDINANCE NO. 78-14 Section 23 -1801. Definitions "Rap Parlor" or "Conversation Parlor" or "Adult Encounter (gu n" or "Adult Sensitivity Group means anv person, establishment or business advertising, offering, sellina. trading or barterina •the services of itself, its emPlovees or aaents as nonprofessional counselors. teachers or therapists who may talk to. listen to. discuss or have conversation with patrons or who deal in anv wav with patron's phvsical senses whether or not other aoods or services are simultaneously advertised., offered. sold. traded or bartered and reaardless of whether said aoods or services are also reauired to be licensed. "Escort Service" or "Model Service" or "pancina_,q.ervices" o "H ostess Service" means anv person. establishment or business advert offering, sellina tradina or barterina the services of itself. its emplovees or aaents as hostesses. models. dancers escorts. dates or companions whether or not aoods or services are simultaneously advertised. offered, sold, traded or bartered and reaardless of whether said goods or services are also required to be licensed. Section 23 -1802. Licensed Reauired. No person shall enaaae in the business of operatina a raD parlor, conversation parlor. adult encounter aroup. adult sensitivity aroup or model. escort. dancing or hostess service either exclusively or in connection with anv other business enterprise or hold himself or herself out as beina enaaaed in or offering his or her services as a model, hostess, dancer, escort or counselor in a ran Parlor. conversation parlor, adult sensitivity arouD or adult encounter arouD without beina first dulv licensed as Provided herein. Section 23 -1803. 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 Citv Manaqer's office containinq the address and legal description of the Property to be used, the name, address and telephone number of 'the owner_. lessee, if anv, and the operator or manager, the name, address and telephone number of two Persons, who shall be residents of Hennepin Countv who may be called upon to attest to the aPplica.nt!s, manager's, or operator's character: whether the applicant, manager or operator has ever been convicted of a crime or offense other thanes traffic, offense and, if so, complete and accurate information as to the time Place and nature of such crime or offense includina •the disposition thereof-, the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regardinq credit which has been extended for the purposes of constructing, eauiPpinck maintainina, operatinq or furnishing or acauirina the Premises, Personal effects, eauipment or anvthing incident to the establishment. maintenance and operation of a raD Parlor, conversa- tion parlor, adult encounter grouD, adult sensitivitty group, escort service, model service, dancing service or hostess service. If the anPlication is made on behalf ORDINANCE NO. 78-14 of a corporation, ioint business venture, partnership or anv legally constituted business association, it shall submit, along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in the business. including creditors furnishincr credit for the establishment, acquisition, maintenance and furnishing 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 acauisition of anv items of personal oroperty for use in said operation. All applicants shall furnish to 'the City. 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 oroperty thereof. or the operation or maintenance thereof. Documentation shall be in the form of a lease. deed, contract for deed, mortaaae deed mortaaae, credit arrangement. loan agreements. security agreements and anv other documents establishing the interest of 'the applicant or anv other person in the operation, accruisittion or maintenance of the enterprise offering services as a rap parlor, conversation parlor, adult encounter group. adult sensitivity croup, escort service, model service, dancing service or hostess service. The application shall also contain blue Drints diagrams. plans. lavouts and the like showing 'the construction, revision. remodelina alteration or additions of or to the premises and specifically showing the lavout. design and arrangement of the bathina and restroom facilities and the size and tvpe of equipment and facilities 'to be used. Section 23 -1804. License Fee, License Investigation and License Year. The annual license fee is S 1, 500 and the annual fee for the investigation for the purposes of issuing a license is 51 .500. The license fee and fee for the investicra- Lion 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 investicra- tion for the issuance of a license shall be returned to the applicant unless by express action of 'the Citv Council. A separate license shall be obtained each year for each Dlace of business. The licensee shall displav the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar vear or a part 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 paid at anv 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. ORDINANCE NO. 78 -14 Section 23 -1805. 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 Manager 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 subject to the provisions of this section. Any appeals shall be before the City Council. A license permitting the conduct of an establishment offering services as a rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service, model service, dancing service or hostess service 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 rap parlor, conversation parlor, adult encounter group, adult sensitivity group escort service, model service, dancing_ service or hostess service are nontrans- ferable. Section 23 -1806. 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 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 responsibilities of the licensed a ctivity. 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. 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 age or older. ORDINANCE NO. 78-14 Licenses may be granted 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 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 -1807. Restrictions and Regulations. 1. The licensee and the persons in its employ, agency 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 Department in writing of any such change indicating the name and address of the new manager and the effective date of such change. 3. The licensee shall furnish the Police Department with a list of current employees indicating their names and addresses and designating the duties of the employees within the rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service, model service, dancing service or hostess service. The licensee shall promptly notify the Police Department of any additions or deletions in 'the list of employees or changes in their job 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. on the succeeding day. 5. The licensee shall permit and allow the inspection of 'the premises during business hours by all appropriate City employees. 6. Upon demand by any police officer any person employed in any licensed premises shall identify himself by giving his true legal name and his correct address. ORDINANCE NO. 78-14 7. No person under 18 vears 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 rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service, model service, dancing service or hostess service shall be of a safe and sanitary design as approved by the City Sanitarian and the entire premises wherein the services of a rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service, model service, dancing service or hostess service are provided, administered or allowed and all personal property, clothing, towels and the like used therein shall be sanitary which is defined as a complete absence of the vegetative cells of pathogenic microorganisms. 9. The licensee and all persons in its employ or connected therewith shall maintain an occupancy or quest register by which each patron of 'the rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service model service, dancing service or hostess service must register 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 identifving 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. Said occupancy register or quest register must be maintained on file for inspection by officers, employees or agents of 'the City of Brooklvn Center or anv other agency of any political subdivision, the State of Minnesota or agencv of 'the United S'ta'tes Government for a period of not less 'than -two vears Section 23 -1808. Employee Regulations At all times during the operation of any rap parlor, conversation parlor, adult encounter group, adult sensitivity group, or model service, escort service, dancing service, or hostess service, male employees and attendants shall attend to, assist or otherwise serve only male patrons and female employees shall attend to, assist or otherwise serve only female patrons and at all 'times, both employees and customers must be and remain fully clothed. Section 23 -1809. Construction and Maintenance Requirements. 1. Each establishment shall have a separate restroom and separate locker room facilities for each sex. ORDINANCE NO. 78 -14 2. All locker rooms, restrooms and bathrooms used on 'the premises shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus and must be kept in a sanitary condition which is defined as free from the vegetative cells of pathogenic microorganisms The floor -to -wall and wall ioints shall be constructed to provide a sanitary cove with a minimum radius of one inch. 3. All restrooms shall be provided with mechanical ventilation with 2 cfm per sauare foot of floor area, a hand wa shinq sink equipped with hot and cold runninq water under pressure, sanitary towels and a soap dispenser. 4. All rooms in the licensed premises includinq but not limited to rap rooms. conversation rooms, modelinq rooms, dancinq rooms, restrooms. bathrooms, ianitor's closet, hallways, 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 cleaninq 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 eauipment in rap rooms, conversation rooms, modelinq rooms, dancing 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 keys for locking. 8. Such establishments shall provide adeauate refuse receptacles which shall be emptied as required. 9. The doors to the individual rap rooms, conversation rooms, modelinq rooms or dancinq rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side of the door. ORDINANCE NO. 78 -14 Section 23 -1810. Health and Disease Control. No uerson while afflicted with any 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 anv public rap parlor, conversation parlor, adult encounter group adult sensitivitv aroup escort service, model service, dancing service or hostess service in anv capacity in which 'there is a likelihood of such person contaminating surfaces with pathogenic organisms. or •transmittinq disease to other individuals; and no person known or suspected of being afflicted with anv such disease or condition shall be emnloved or permitted in such an area or capacity. Section 23 -1811. Revocation and Suspension of License. The license may be revoked, suspended or not renewed by 'the Citv Council upon recommendation of the Citv Manager by showing that the licensee, its owners, managers, employees, agents or anv of its interested parties have engaaed in anv of the following conduct; 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 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 anv conduct involving moral 'turpitude or permitting or allowing others 'to so engage in such conduct or failing 'to prevent such conduct. 5. Failure to fully comply with anv reauirements of this ordinance or failure to comply with anv reauirements of 'the ordinances of the City of Brooklyn Center relating to public health and sanitary conditions, building and construction codes zoning codes and requirements of anv ordinance, 'the violation of which involves moral turpitude 6. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. 7. Engaging in anv conduct which would constitute grounds for refusal to issue a license under Section 23 -1806 of this ordinance. ORDINANCE NO. 78 -14 This licensee 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 10 days from service of -the notice of appeal to the City Manacter. 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 anv additional terms conditions and stipulations which thev may in their sole discretion impose. Section 23 -1812. Exceptions. This ordinance does not apply to nor include bona fide leaal medical. psvchiatric psvcholoaical family or marriaae counselina services by a person. persons or businesses appropriately licensed by the State of Minnesota by local units of aovernment or anv other appropriate licensina authority; nor does this ordinance apply_ to bona fide financial counselina services or bona fide educational institutions comuletely complvina with state and local regulations or the reaulations of anv licensina authorities nor does it aD01v 'to bona fide churches, svnaaoaues or institutions or oraanized reliaions or to seminars. panel discussions or aroup classes sponsored by bona fide reliaious institutions or educational insti- tutions. Section 23 -1813. Separability. Every section. provision or part of this ordinance is declared separable from every other section. provision or part to the extent that if anv section. provision or a part of the ordinance shall be held invalid, such holdings shall not invalidate anv other section. provision or Dart thereof. Section 23 -1814. Penalties. Whoever does anv act forbidden by this ordinance or omits or fails to do anv act reauired 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 imDrisonment not to exceed 90 days or both. Each day that a violation exists constitutes a separate and distinct offense. Section 23 -1815. 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 anv act, which cons'titu'tes an omission and, therefore. a violation of this ordinance, whether individually or in connection with one or more persons or as principal, agent or accessory, shall be auilty of such offense and every person who falsely. fraudu- lently. forcibly or willfullv, induces. causes. coerces. reauires permits or directs another -to violate anv the provisions of 'this chanter is likewise auiltv of such offense. ORDINANCE NO. 78 -14 Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 18th day of December 1978. May�� ATTEST:_, /li dlerk Date of Publication November 30, 1978 Effective Date December 29, 1978 nd n indicates U erli e new matter.)