HomeMy WebLinkAbout1978 03-20 CCP Regular Session i
CITY s.: OUIZC11, AGENDA
City of Brouklyn Center
March 20,_1978
t 7 :G p.m.
1 . Call - to Order
2 . ` Poll Call
3, i n` oc at
4. Appr of Mini i February 2 1978
5 , OF.'ren Forum
r
J. Ac.kinowledge Notice of Cie J.rfi
7. Au! }horize . u:VME!r).'L of inti 'rF?
8. Reso'i )'tions
a . 1 ><:°,: ving Plans for 1' , T� . 1 Traffic Signal Sys'tern
b. Aut'hor'izing Jarticipat'do.n in rrojec't Costs for Traffic signal Systc.m on T ,H 169
r. Awardf. Bici s for Diseased Shaje T - ee Removal. Contract 1978 -A
d. Amending Resolution No. ✓7
C Re- lating to i.Aembership in Suburba I ) ublic Heal - th INfur sing S ervrice
Auth.ot - izin tl,e 1'u;.chp .e of Fuel Chi;
g. ui:l.okzzirtg th7 P ;Jrc: °,as; r f Pc gc.�`., with. Ac:c�ussr�ries .
h Urging C LCisp, Legislal -ure "to Appropr,a.'te Fun for aerial 3:leat: Loss P o;:Cs
9. Planning Coil min ,sion lt ems {8Q00, p.m.).-
a Appl:i- cat;ion '8005 by Residential AIternativeg
1
b. App) 1_i 'tion ., �J'o 7301118 s.?bmit'Lej by Philip IL'E?ese
c. Aon i.ca t on N 7601 -1 submillod by B'ilgriin Cleaner
d. ApplicaLion `tiro'. 78012 Mkrbrr,i't'ted by Tozed).a. Gunderson
E. /�ji ("�:lnai ��o, 78017 su.�lAi';od,lJ }�02e1 �: CatdiiE'rSC1
! f. Ax: i'To 7801 submifted by R1ch ley lheeby
III
g. Applic,a H on Nr__t . `,/ U i 4 subnlii:ted by u 0okdz - .Us. s., o +i nan't Church
h Application Ivc . 1801 C subi ii - teed by John Caid, - 73~
10. Ordin_..n..,es:
a. Amer ding C:na1)'ter �:3 (2nd Reading'
b. An ,endincj Chaptcir " (2,nd R c iicI
C. A-:iending Cr`Q:1JLE:;' 36 (2nd, 1"tLad
CA . A?TiCrl 3 n '._,ha 3.er 1.2 ; ", s t Reading)
e . Amending Cnap'ter 19 (1 s't Reading)
CITY COUNCIL AGENDA -2- March 20, 1978
11. Discussion Items:
a. Local 49 Contract `
b. Police C'X Fire Pensions
c. Airport joint Zoning Board
d. Amendment - to Sanitary Sewer Rate Study
e. 1978 Salary Adjustment for Nonorganized Employees
12. Licenses
= 13. Adjournment
m
Y
CITY MANAGER'S COMMENTS
Item 6 Acknowledge Notice of Claim
The City has received a notice of claim filed by Alice. Mary Sautbine
and Marshal Sautbine in an amount of $100,000 for damages resulting
from an alleged false arrest at Brookdale Shopping Center by one of
- the City's police officers. It is recommended - that - the Council acknow-
ledge receipt of - the notice of claim and refer it to - the City's insurance
carrier for disposition. A copy of the police department report is
included in your agenda materials
Disposition
Item 7 Authorize Payment of Interest
It is recommended - that - the City Council authorize -the payment of $2,340.00
'to Joslyn Manufacturing & Supply Company for interest arising out of the
settlement of a condemnation case for open space land acquisition. The
Council at its February 13, 1978 meeting had authorized - the payment of
three separate checks - to Joslyn Manufacturing which were exclusive of
interest. A letter from the City Attorney advising us 'to pay interest is
enclosed.
Disposition
Item 8a Approving Plans for T.H. 169 Traffic Signal System
The attached resolution is recommended for - the purpose of approving
plans and specifications for the T.H. 169 - traffic signal system which
involves - the construction of a - traffic signal at 66 Avenue North and
hazard identification beams at 69th and 73rd Avenues North. This project
is the first step - toward - traffic safety improvements along T.H. 169 between
66th and 73rd Avenues North.
Disposition
Item 8b Authorizing Participation in Project Costs for Traffic Signal System on T.H. 169
The attached resolution is recommended for the purpose of authorizing the
Mayor and City Manager to enter into an agreement with - the Minnesota
Department of Transportation regarding - the installation of - traffic signals
and hazard identification beams along T.H. 169 at 66 69th and 73rd
Avenues North. The agreement provides for - the City to participate in 50%
of the cost of - the traffic signal at 66th amounting to $31, 800 and - to assume
- the cost of electrical energy for - this - traffic signal and - the hazard identifica-
tion beacons at 69th and 73rd Avenues North. The resolution also appro-
CITY MANAGER'S COMMENTS
Pa ge 2
Item 8b
Cont'd priates $31,800 from 'the State Aid Construction Account No 2613
for financing the City's share of - the agreement obligation.
Disposition
Item 8c Awarding Bids for Diseased Shade Tree Removal Contract 1978 -A
Bids were opened for diseased shade tree removal contract 1978 --A
on March 15, 1978 and - the attached resolution is recommended for - the
purpose of accepting the bid of S.A.S. Tree Service in - the amount
of $2,705.
Disposition_
Item 8d Amending Resolution No. 77 -247
The attached resolution is recommended for the purpose of correcting
an error in - the dollar amount stated in Resolution No. 77 -247. The
previous resolution dollar amount was $31,216.28. The correct amount
is $31,634.91.
Disposition
Item 8e Relating -to Membership in Suburban Public Health Nursing Service
- The attached resolution is - recommended for - the purpose of authorizing
`the Suburban Public Health Nursing Service to provide nursing services
to Brooklyn Center in 1978. The range of services provided will be
similar to. provided in 1977 and - the resolution provides 'that 'the City.
agrees - to pay 35� per capita for 1978 based on - the 1977 population
estimates of the Metropolitan Council. The 1978 budget covers - the
proposed fee--.
Disposition
CITY MANAGER'S COMMENTS
Page .3
Item 8f Authorizing the Purchase of Fuel Oil
The attached resolution is recommended for - the purpose of purchasing
7,000 gallons of fuel oil from the Union Oil Company at a cost of
$2,709.
Disposition
Item 8g Authorizing the Purchase of Pagers with Accessories
The attached resolution is recommended for - the purpose of authorizing
- the purchase of pager devices with accessories for the fire department
- through - the Hennepin County joint Purchasing Agreement.
Disposition
Item 8h Urging State Legislature to Appropriate Funds for Aerial Heat Loss Photos
The Housing Commission and Conservation Commission are concerned
• that the Legislature may not see 'fit to appropriate funds for the Energy
Agency to continue its program of aerial heat loss_ photos The attached
resolution is recommended for - the purpose of urging the Legislature to
- take such action.
Disposition
Item 9a Application No. 78005 submitted by Residential Alternatives
Approval of special. use permit fora residential care facility for eight -
clients at 5449 Lyndale Avenue North. This ,item was considered by
- the Planning Commission at its February 23 1978 meeting and by - the
City Council at its February 27, 19 78 meeting. The Council tabled
'the application and referred the matter - to the Southeast Neighborhood
Advisory Group for further review and comment. The advisory group met
on Monday, March 13, 1978 and recommended approval of - the application.
Disposition
CTII`Y MANAGER'S COMMENTS
Page 4
Item 9b Application No. 78008 submitted by Philip Neese
Preliminary plat approval for two R -1 lots from property at the
southwest corner of 69th Avenue North and 'West Fiver Road. This
item was considered by - the Planning Commission at its March 9,
1978 meeting.
Disposition
Item 9c Application No. 78011 submitted by Pilgrim Cleaners
Preliminary plat approval combining commercial parcels at -the
southeast corner of 69th Avenue North and Brooklyn Boulevard. This
item was considered by - the Planning Commission at its March 9, 1978
meeting.
Disposition
Item 9d Application No. 78012 submitted by Rozella Gunderson
Preliminary plat approval for six new R -1 lots from property in - the 800
block between 68th and 69th Avenues North. This item was considered
by - the Planning Commission at its March 9, 1978 meeting.
Disposition
Item 9e Application No. 78017 submitted by Rozella Gunderson
Variance from Chap - ter 15 of the City Ordinances regarding dimensions
of proposed cul -de -sac road on preliminary plat (Aldrich Avenue North "
extended, north of 68th Avenue North) . This item was considered by - the
Planning Commission at its March 9, 1978 meeting.
Disposition
i
CITY MANAGER'S COMMENTS
Pa ge 5
Item 9f Application No. 78013 submitted by Richard Sheehy
Special use permit for athletic- health club in C -2 district at 6120
Earle Brown Drive This item was considered by - the Planning
Commission at its March 9, 1975 meeting.
Disposition
Item 9g Application No. 18014 submitted by Brookdale Covenant Church
Special use permit for day care facility at 5139 Brooklyn Boulevard.
This item was considered by - the Planning Commission a•t its March 9,
1978 meeting
Disposition
Item 9h Applica•tion No. 78016 submitted by john Calder
Variance from Chapter 35 to permit addition to nonconforming single
• family dwelling at 5336 Dupont Avenue North. This item was considered
by - the Planning Commission at its March 9, 1978 meeting.
Disposition
Item 10a Amending Chapter 23 (2nd Reading)
The attached ordinance amendment was first read on February 13, 197.8,
had an amended first reading on February 27, 1978, and was published
on March 9, 1978. The ordinance is recommended for - the purpose of
regulating and licensing the operation and maintenance of business or
commercial establishments offering saunas or sauna baths. It also
establishes standards for - the construction, operation and maintenance
of - these facilities.
Di s po si-tion
•
4'
i
CITY MANAGER'S COMMENTS
• Page 6
Item 10b Amending Chapter 23 (2nd Reading)
'The attached ordinance amendment was first read on February 13, 1978
and published on March 9, 1978. I•t is recommended for the purpose of
regulating and licensing - the operation and maintenance of massage
parlors and requires - the licensing of masseurs and masseuses. It also
establishes standards for - the construction, acquisition, maintenance
and operation of such facilities.
Disposition
Item 10c Amending Chapter 35 (2nd Reading)
The attached ordinance was first read on February 13, 1978, had an
amended first reading on February 27, 1978 and was published on
March 9, 1978. This recommended ordinance would permit, as special
uses in - the C -2 (general commerce) district, commercial saunas and
sauna baths, and massage parlors provided they do not abut any
residential district, including abutment at the street line The ordinance
also 'Lakes into consideration certain existing facilities 'that have saunas
- that are incidental and secondary amenities - to current uses so - that - they
are not in conflict with 'the provisions of - the- ordinance.
Disposition
Item 10d Amending Chapter 12 (1st Reading)
The attached ordinance amendment is recommended for 'the purpose of
clarifying rental dwelling license application information 'to require any
` person holding an operating license to give notice - to the City within five
business days as 'to any change in license application information. This
ordinance amendment was reviewed and recommended by - the Housing
Commission.at its March 1.4:, 1978 meeting.
Disposition
CITY MANAGER'S COMMENTS
Page 7
Item 10e Amending Chapter 19 (1st Reading)
The attached ordinance amendment is recommended for - the purpose
of establishing a local ordinance regarding obscenity which would
prohibit and regulate - the dissemination of pornography and related
materials within the City.
Disposition
f
Item 1la Local 49 Contract
We will be prepared Monday evening to discuss the status of the .
Local 49 contract for 1978 -1979. A memorandum and other materials
are submitted for your review.
Disposition
Item 1 l Police & Fire Pensions
• We will be prepared Monday evening to discuss 'the status of the
police and fire pension bills and recommend Council action.
Disposition
Item llc Airport joint Zoning Board
We will be prepared Monday evening to discuss with the City Council
- the concept of a joint airport zoning board
Disposition
Item 1 l Amendment - to Sanitary Sewer Rate Study
In response 'to City Council direction, -the Director of Public Works
has prepared an alternate sanitary sewer rate structure providing for a
step concept rate which would increase annually rather than be set at
a break -even level for a four year period.
Disposition
CITY MANAGER'S COMMENTS
Page 8
Reni 11 1978 Salary Adjustment for Nonorganized Employees
We are requesting an adjustment in the 1978 salary schedule for non-
organized employees. A memorandum is submitted for your review.
Di spo s rtion
Member introduce( tree fol resolution
and moved its adoption:
RE LOTI ZaO.
RESOLUTION APPROVING PLANS AND SPEC!FTCATIONS FOR THE
T.H. l69 ` PUTS FFIC SIG.W, 1L SYSTEM CHti:NNELTZATION AT 66TH
A NORTH AND HAZARD IDEK - 4T TFI-CriTZON -13BACONS AT 69TH
AliD 73R AVE NUES NORTH
`� lt TIER.EAS, the Commissioner. of Transportation for the State of
Minnesota has cawed to be 'prepared: plans, special provisions, and
specifications for the i niprovement of Trunk Highway No. 110, renumbered
as Trunk. Highway No. 169, within the corporate limits of the City of
Brooklyn Center, from approximately 214 feet mouth of 66th Avenue North `
- 'Co approximately 7:280 feet north of 66th Avenue North in Brooklyn Center
and at the intersections with 69th and 73rd Avenues North; and
WHEREAS, said plans are on file in the office of the Department
of Transportation St. Paul, Minnesota; being marked, labeled, and
identified. as S.P. 2746 --28 (1.69 =110); and
WHEREAS, said special provisions are on file in the office of
the Department of Transportation, St. Paul, Minnesota- being marked,
labeled and den , � S.P. � - ,
i tified a.< S_ 2748 -2., (169 =1.10, and which, together
with the "Minnesota Department of Iiighv:Iays Standard. Specifications for
i i Yh � Construction, date a t, 7 t
� d January 1, ..._972, as amended by Minnesota
Department of Highways Supplemental Specifications for Highway Construction,
dated April l., 1976, will govern, and which are on file in the- off.
of the Comdrdssioner of Transportation, constitute the specifications for
said improvement of Trunk Highway No. 110, renumbered as Trunk Highway
No. 169; and
VvTHERE S, copies of said plans and special provisions as so marked,
labeled and 4 dontifi.ed are also on file in the Office of the City Cleric;
A
and
WHERE" S, the terra, "said plans and special provisions," as
hereinafter used in the body of this resolution will be deemed and intended
to mean, refer -to, and incorporate the plans and special pr..ovisions in
the foregoing recitals particularly identified and described, and
WHEREAS, the Commi ssion of Transportation desires in the interest
of public safety that any and all parking of vehicles, if such parking is
permitted within the corporate .limits of the City of Brooklyn Center, 'on
said Trunk iitj�w y No. 110, renumbered as Trunk Highway No. 169, will
be parallel wi th the curb adjacent to the highway and will be at least
20 feet front any crosswalk.
R.�sSOLUTl.O?�T t3O.
NOW THEN BE IT RESOLVED that sai plans and
THEN .. ... p. special provisions
for the in�pro:9ement of Tr unk Highway No. 110, renumbered as Trunk Highway
No. 169, -within the corporate limits of the City of Brooklyn Center,
- be and hereby are approved.
BE IT FURTHER RESOLVED that the City of Brooklyn Center does
Hereby agree .to require the parking of all vehicles if such parking i s
permitted within the corporate limits of said City, on said Trunk Highway
No. 110, renumbered Trunk Highway No. 169, will.be parallel with the
curb adjacent to the high -way, and at least 20 feet from any crosswalks
on all public streets intersecting said trunk highway.
BE IT FURTHER RESOLVED that the elevations and grades as shown
in said plans and special provisions are hereby approved and consent is
hereby - given to any and all changes in grade-occasioned by the constructlon
of Trunk Fli.ghxaay No. 169, :IM accordance with said plans and special
provisions.
Date Mayor
i
ATTEST:_
Clerk ----
The motion for 1 adoption of the foregoing resolution was duly
seconded by member , and upon vote bei taken
thereon, the following voted in favor..thereof;
and the following voted against the same
whereupon said :resolution was declared duly passed and adopted.
•
Member introduced following resolution and
rrcc.>ved its adoption.
RESOLUTION NO . _
RESOLUTION PERTAINING TO MINNESOTA TPA, ".3SPORTATION
DEPARTMENT AGREEMENT No. 58978 REGARDING INSTALLATION
OF TRAFFIC CONTROL 'SIGNL 1 4TTH STPEET 'LIGHT ON T.H. 169
AT 66TH AVENUE NORTH AND 19-,ZARD IDENTIFICATION BEACONS
ON T H 169 >kT 69TH AN D 73RD AVE1 NO
BE IT RESOLVED by the City Council of tie' City of Brooklyn
Center, 7Minnesca, as follows
1 } That the City of Brooklyn Center eater into an agreement
_ with the State of Minnesota, Department of Transper nation, for-the
fallowing purposes, to wit:
To provide a traffic control signal with street lights
and signing on Trunk Highway No. 169' (Lyndale Avenue
North) at 66th Avenue North and hazard identification
beacons on Trunk Highway No. 169 (Lyndale Avenue Forth)
at 69th Avenue North in accordance with the terms and
conditions set forth and contained in Agreement No.
58976, a copy of which was before the Council; and
• 2} That the Mayor and City Manager be and hereby are authorized
to execute such agreement, and • hereby assume for andon .behalf of the
City all of the contractual. obligations contained therein; and
3} That $31,800.00 be appropriated from State Aid Construction
Account No. 2613 for the City of B rooklyn Center's share of said
Agreement No 58978.
I
Date _ _ Mayor
ATTEST:
Clerk
The motion for the Sao P was adoption � _ i a duly
0 o the foregoing n resolution
p g g Y
b
seconded membe r
a a
y and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same.
whereupon said resolution was declared 'duly passed and ado pted.
Member introduced the following resolution — , -.
and moved its adoption.
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM
IDI SEASED SHADE TREE REMOVAI, CONTRACT 1978-A)
WHEREAS, the City Clerk and the Director of Parks and Recreation
have reported that on March 15, 1978, at 11;00 a.m.,= central standard
time, they opened and tabulated bids received for Contract 1978 -A for
Diseased Shade Tree Removal Improvement Project No 1978- 1,; and -that
said bids were as follows.
1) S.A.S. Tree Service $ 2,705.00
2) Arbor Tree Service 2,829 00
3) Design Tree Service 2,845.16
4) Tim's Tree Service, Inc. 2,953 00
NOW, THEREFORE', BE IT RESOLVED by the City Council of the City
of Brooklyn center that the bid of S.A.S. Tree - Service, as to furnishing
of all word;, labor, and material in _connection. with the above mentioned
project, according to the plans and specifications therefor now on file
in the office of the City Clerk, is deemed to be the lowest and best
bid submitted for said work by a responsible bidder, and -said bid is
hereby accepted.
•
BE IT FURTHER RESOLVED to authorize the Mayor and City .Manager
to execute a contract with said bidder.
Date — Mayor
ATTEST:_
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the Following voted against the same
whereupon said resolution was declared duly passed-and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.�_�
RESOLUTION AMENDING .RESOLUTION NO. 77-247 RELATIVE TO
REQUESTING APPROPRTATION OF M.S.A. FUNDS TO T.H. 152
PEDESTRIAN BRIDGE PROJECT
WHEREAS, on December 19, 1977, the Brooklyn Center'City Council
adopted Resolution No. 77 -247 requesting the Commissioner of the
Minnesota Department of Transportation to approve the appropriation of
municipal state aid funds in the amount of $31,216.28 for the City's
x share of constructing the T.H. 152 pedestrian bridge and to make payir•,ent
to the City -of Brooklyn Center for said amount from the City's municipal
state aid funds; and
WHEREAS, the amount of $31,215 stated in said resolution_
for the City's share of said project should read $31,634.91.
NOW THEREFORE BE IT RESOLVED by t_�,e Ci Council of the City
of Brooklyn Center that Resolution.No. 77 -2 7 b amended so that the
dollar amounts in said resolution read $3134.91 rather than $31,216.28.
Date Mayor
ATTEST
Clerk
as dul
The motion for the adoption of the foregoing resolution w y
seconded by member , an' upon vote being taken
thereon, the following voted in favor there fs
and the following voted against the sane:
whereupon said resolution was declared duly passed and adopted.
•
Member introduced tfle following resolution and
moved its adoption:
• RESOLUTION NO,
A RESOLUTION RELATING TO MEMBERSHIP IN SUBURBAN PUBLIC
HEALTH NURSING SERVICE INC.
WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145. 12,
a public health nursing district was organized and has been operational sinco
1952; and
WHEREAS, pursuant to the Community Health Services Act of 1976,
the Suburban Public Health Nursing Service, provider of public health nursing
services within the nursing district, loses statutory authority for continued
operation as of December 14, 1977; and
WHEREAS, it is deemed necessary to continue the provision of public
health nursing services to residents of suburban - Hennepin County; and
WHEREAS, the Suburban Public Health Nursing Service is organizing
as a public not -for- profit corporation to ensure the continuity of such activities;
and
WHEREAS, it is deemed necessary to provide Suburban Public Health
Nursing Service, Inc, with adequate funds for its proper operation:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that this political subdivision be included in the membership
of Suburban Public Health Nursing Service, to be incorporated as of December 14,
1977; that it participate in the benefits thereof; and that it agrees to support
on an apportionment basis its pro rata share of the cost of the administration
of such corporation provided, however, that for the period January 1, 1.978
through December 31 1973 this cost shall not exceed $ .35 per capita and that
said rate be applied to 1977 population estimates of the Metropolitan Council.
BE IT FURTHER RESOLVED that this resolution shall be deemed an
agreement to participate in such nursing corporation on the basis hereinbefore
specified with all other political subdivisions adopting similar resolutions,
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted 1.11 favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted,
A
Member introdu,ed the following resolution and
moved its adoption;
RESOLUTION N•O.
RESOLUTION AU "1'HORIZING THE PURCHASE OF 7,000 GALLONS
O FUE OIL
WHEREAS,_ Chapter 471.345 of - the Minnesota Statutes provides for the
purchase of merchandise, materials cr equipment, or any kind_ of construction
work by informal quotations when the amount of such contract is less than ten
'thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on *the purchase
of fuel oil and has determined that - the quotation of Union Oil Company in the
amount of $2,709 (38.7/gal.) for 7,000 gallons of fuel oil is - the best quotation.
submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center - that the City Manager be authorized to contract for'the' purchase
of 7,000 gallons of fuel oil in the amount Of $2,709 from Union Oil.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of - the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same.
whereupon said resolution xaas declared duly passed and adopted.
Member introduced the to lowing resolution - and -
moved its adoption:
RESOLU'T'ION NO.-
RESOLUTION AUTHORIZING THE PURCHASE OF PAGERS WITH
ACC F OR THE F DEPARTMENT
WHEREAS, the City of Brooklyn Center is authorized to participate in
the Hennepin County Purchasing Agreement; and
WHEREAS, can Tuesday, October 18 1977 bids were taken for the
furnishing of pager /monitors
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Sir ooklyn Center that the bid of Motorola, Inc in the amount of $3,537.00
for twelve Motorola pagers with accessories in accordance with specifications
is deemed to be the best bid submitted by a responsible bidder and said bid
is hereby accepted.
Date M ayor
• ATTEST:_ ,_. _._�___-
Clerk
The motion for the 'adoption of the foregoing resolution was 'duly seconded
by member and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly pas sed and adopted.
r introduced the following resolution and
Member �.�-�
moved its adoption:,
RESOLUTION NO..—
RESOLUTION URGING THE STATE LEG ISz,. -URE TO APPROPRIATE
FUN FOR -AERI HEA LOST PII OTOS
WHEREAS the Minnesota Energy Agency has conducted a program to
provide aerial heat loss photos of municipalities in Minnesota and the City of
Brooklyn Center has indicated its desire to be included in this program; and
WHEREAS, it is felt that this program is a worthwhile endeavor which
• would provide'valuable 'information and a service to the citizens of this community
with respect to the conservation of energy; and
WHEREAS, the Energy Agency has indicated that these photos might be
taken of this community provided funds are made available by the State Legis-
lature for the continuation of this program; and
WHEREAS, the City Council, through the efforts of its Housing 'Advisory
Corarnission and C onservation.Advisory Commission, has become aware that the
Energy Agency may not receive an appropriation fror„ the S tate Legislature for
the continuation of the aerial. heat loss photo prograin which will adversely effect
the scheduling of photos for Brooklyn Center as well as many other communities;
and
WHEREAS, the Housing and Conservation Advisory Commissions have
join requested the City Council to urge the State Legislature to make such
an appropriation:
NOW, T1 EREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn, Center to urge the State Legislature to act favorably with respect to
an appropriation for the Minnesota Energy Agency for aerial heat loss photos
which is contained as a part of S.F. 11 and H.F. 2261.
BE IT FURTHER RESOLVED that copies of - thi.- resolution be forwarded to
State Legislators representing Brooklyn Center.
Date Mayor
ATTEST:
-. _ Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being talon thereon, the
.following voted in favor thereof;
and the following voted against tide same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTE
ORDINANCE NO.
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 ENTER 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 POLIC
The City Cou of -the City of Brookl Center deems it nece ssary to pmvid
for the spec and express regula of busin or commercial enterprises which
offer. saunas or sau baths to he_ g tperal public in order to pro the' n ubli:c heal
s af ety a nd welfare and to ' guaM agai.nst th inc eption and tr ansmission of dise
The Council furth finds that commerical enterprises o fferin g sau nas or saun
ba ths are susc:�t of a era tion in a manner contravening; subv ertinc - or endaj c gng
the morals of the community thus ,re ui rincr close inspection, lice nsing and requlation
• The City Council also finds that control and r egulaticn _ of comet- ercial. establish-
men of these types, in view of the abuses o ften perpetrated, requires i ntens ive
efforts by th p olice department, pu blic health sanitarian a nd other artments o
the City and, as a consequ the concentrated u se of City se i s uch contro
detr from and reduces th lev of service availa to the rest of the c ommunes_
and t hereby diminishes the ability of the City to promote the general health welfa
morals and safety of the community. - In consideration for the necessity the part of
t he City to provide n umerous services to all segments of the commu wi thout d
concentration o pub servi in one area to wor to the detrim of the members of
the ge neral public, is hereu t the number of sauna lice i pur suart
to this Ordinance or the number of massage parlor licenses issued pursuant t
23- - 170 0 , which may b in force at'a one titre, either licensinq s a}� rlor
mas sage parlors or any combination there L- shall be n more than a total of three
suc licenses. _
Section 23- 1601. DEFINITIONS
1. "Sauna means and includes a steam bath, hot w b ath ho or rh heat bath
b_ y us o f heat l and any such room or f sp constructed
therefor,, used for the _iir oses o f bat nc rel axim o r re dgq ng -- tilizinq
steam, hot air, ho water or heat lamp a s a cl re laxzn- or
reduch:! a cq ant .
� CA
ORDINANCE NO.
Section 23- -160 LI RE QUIRED
No person shal-1 enga in the business of opera a sauna or sauna bat
either exclusively of in connection with any other bus ine ss enterp without being
first licensed as rov ided in this Ordinance
Section 2 3 -1603 CONTENTS OF APPLICATION FOR LICENSE
Application for a license sha be made only on the :forms provided by t he
City M Four complete copie of the application mu be submitted to th
City Manager's. office containing the addr and legal description of the property
to be u sed, the name, address and teleph number of the owner, lessee, if any,
v and the op or manager, the na me, address and t elephone number of two pers
who shall be residents of Hennepin C who ma b e called upon to attest to the
a lica nts, m anagers or opera`tor's character; w heth er the a t, rnager or
operator h as ever bee c onvicted of a crime or offense other than a traf offense
and,, if so, complete and acc information as t o the time -plac and nature of
s uch crimp or off includ the disposition thereof; the nam and a
of a ll creditors of the applicant, owner, lessee,, or manager i nsofar as and regarding
credit which has been extended f or th purposes of co equipping, ma:i -_
Lain ng opera tint; or furnis o r acqui the premises, pe rsonal effects, equip -
m ent or anything incident to th esta maintenan a nd operation of a sauna
parlor or sauna bat I f the application is ma on behalf of a corporat J oint
business venture, partnership or any legally constitute bu siness a ssociatio n
shall s alo w ith its application, accu and cornpl bu siness records
s howing the names a nd addre of all indiv iduals having an interest in the business,
nc ludifng cr furnishing credi for the esta acquisition, mainte
and furnishing of s business a: zd_,_in the cas of . corporation, the names a nd
addresses of ail o general managers, m, embers,of the Bo ard of Directors as
w ell a s any creditors who have exten c redit for the accrui sition, maintenance,
o�?e or furnishing of th � the purchase or acqu
of any items of personal property for use in said operation. All appli sh all
furnish t o the City, along with their appl complete and_ accura documenta
Lion establishing the inter of the applacant and an p erson , having an i
est in the premises upon whic the bui lding is 2ro� be located or in the
furnishings thereof,' personal property thereof, or the op eration or mainten thereof.
D ocumentation shall b in the fa rm of a lea se deed contract for deed ; mortq
deed, mo c arrangement) loon agree , security artreements and an
tit her documents establishing the - intere of the applicant or any other person i the
.o acqui sition. or mai of the eni Ise offe ring a sauna or sauna' bath.
The application sh also conta blue ints diagrams, plans:, layouts
and the like s howing the construction revisi remodeling alteration or additio
of o r to the premises an specifically showing the lay design and arranaernent
of the bathing and rest facilities and the size and type of equipment and facilities
to be used.
ORDINANCE NO.
Section 23 -1604. - L F EE, LICEN INVES TIGATION AND LICENSE YEAR
The annual license fee shall he a s s eq. forth in Section 23 -010 of the City
O rdinances and an i fee f or tr:e Aurpo ^es of issuing a license is $1,500.
The license fee and fee for the investigation of the license shall be paid when the
app lication is filed. In the event that the, application is denied oar in 't he event that
the license once issued, is revoked, canceled or - surrendered, no part of the annual
license fee or fee for the investigation for the issuance of a license shall be returned
to the applicant unless Z.ex press action of the City Council. A separate license
shall be obt ained ea year for each place of bu The licensee shall di
the license on a prominent -place in the lic ensed premises at all times. A license,
unle revoked, i for the calendar r year or a part thereof for which it has been issued.
The fee for the investig for - issuance of a license must be tendered with eac
new application for a license and must also be paid at. any time when there is a
proposed_change o 2v�rn ership or reapplication for a lice wherein additional or
different parties other th an the original licensee and par ties are proposing to b
licensed. All lic enses granted herein are nontransfe
Section <23 -1605. G RANTING OR DENIAL OF LICENSE
License app shall be r by the Police Department, Planning
and Inspection Department Health. Departm and s other departments a s the
City Manager shall deem necess ..The review shall incl a n inspecti of th
_pre mises co ver c ? ,� the application to determine wh the_ premise confo.m. is to
all ap_i,licdble code regtzi Thereafter, license - sha ll be recommended for
app roval or denial b t he City M anager to the City Council subject to the provisions
i ` of this sec And app shell be before the City Coun A lic permit
t he conduct of an establ of ferin g saunas o r sauna bat ar nonren
and application must be made e ach year for a lice e, permitting an allowing the
__ _.�
conduct of such b usi n ess for the succeeding y e ar. Li for the e stablis hment
or conduct of a sauna p are nontransferable.
Secti 23- 160 CONDITIONS GOVERNING I
1. No license shall be issued if t he applican or any of its owners
managers, e agents or i pari are persons of ba
—_
repute.
2 Licenses shall be issued only if the applicant and all of i ts ow ners,
man a gers, empc?Ze
o- part a free of con-
victivns for offenses which involve moral turpitude or which re late
directly to such person's ability, capac or fitn to pe the
duties and discharge th responsibilities of the licensed a ctivity .
3. ` Licenses sh be issued only to a ppli ca nts who h ave not, w ithin one
y ear prior to the day o f application, hav been denied liconsure
had a licen revo or suspended in or by any com. or political
subdivision or the S tate of M and 'who own ers, m or
any in terested parties have not been similarly denied, revoked or
suspended.
ORDINANCE NO
4. Lic enses shall b is sued only to a_pplira�qs who have an swered fully
and truthfully all'of th inform re u ested in the application, w ho
have paid. the f ull li: fee and fee for invest_ i at and have
coope fully and truthfully with the City i n; the review of the
application.
5. _ If..the app licant is a natural person, a license sha be granted only
if such person is 18 years of age or ol der.
6 Licens may be granted only in com plete` conformity with the zoning
ordinances of the City of Brooklyn Cent
7 Licenses shall be granted only to establishments which can meet the
safety, sanitary and building code requi of the City
8 A lic shall not be granted if granting the lic (a) would b
i nconsiste n t wi the comprehensive development plans of th City, or
would otherwi have a detrimental eff upon other property or
properties in the vi cinity
Section.23 160.7. RESTRICTIONS AND REGULATIONS
1. Til l icen see and the ars ons in its e :r, lo a gency or persons wit
an inte rest in such lou shall com ply with all a pplica ble ordinanc
req ulation s and la ws of the Cit o f Brooklyn Gen an t he State of
Minnesota and the United State Governn ent.
2. If the licensee is a partners or a corporation, the olic shall
des arson to be manager an in responsible char of the
business. Such parson sna remain responsible for the conduct of the
business until another suitable person has been designate in writing -
by the licensee. The licensee shall gromp notify t he P olice De part-
ment in writ of any such change indicating the name an ad dress o
the new manager and the effective date of such change
3 The licensee shall fu the Police Department wi a list of curr
e ees indicatin the nam and addresses and'desgnating the
m.10
duties of the employee within the sauna bath or sauna parlor. T he
licensee shall promutly notify th Police Department of any additions
or dele in the list of employees or changes in their Job description
or duties. -
4, Th licensed - premises shall not'be open for business nor shall p atrons
b permitted on the premises between the hours of 11:00 p.rn. a nd
8:00 a.rn. of the succeeding day.
S. The licensee shall per a nd allow the inspection of the premises da ring
business hour by al appropria City e mploy e es_.
ORDINANCE NO,
6. Upon demand by any police officer ary p ersc �n employed in any
licensed pr s ide - b y giving his true legal
name and his cor address,
7.. No person under 18 y ears. of a e shall be employed in an establish-
ment requiring a licen under t he pro visions of this ordin anc e.-
. 8. All equipment or pers property used in or for a sauna or sa una
bath shall be of a safe and sanitary design as approved by the City
Sanitarian a the enti prem ises wh erein saunas or sauna baths
are given adm or allo and all personal property, clothing,
towels an the l ike used th shall be sanitary which defi
as a complete absence of the vegata cells of pat ho_Lc er ic micro
org anisms .
9. The licensee and all p in its employ or connected therewith
shall maintain a n occupancy or gue register b y which each pat
of the sauna or sa una ba th must regi with his correct n ame :
a ddress and phone nu and ea ch licensee, or pe in its emp loy
sha require each patron to furnish ide desc ribin ands
ident ifvinq h is correct name, a nd ph one number and sh all
fur require each patron to correctly and truthfully furnish h is
name, ad dress and telephone n um b er to __sa`id guest regis before
the administra of any ser vices of the sauna or sauna baths. Said
occupancy registe or ques r egist er must he maintained o n fi for
insp ect ion by offigers, employees o aqents of the City of Brookly
Center o r_an y ot auenay of any political subdi r the State of
Min ;esota or agency of th U nited States Government for a jjer of
n ot less than tw years.
Sectio 23 -1608. EMPLOYEE REGULATIONS _
At all times during the opg of an sawn_ «_parlor, sau or sa una bath,
m ale employees and a shall attend to, assis -o otherwise serve only
male patrons and female employees shall- attend, a or otherwise serve only
f
only female patro a nd at a times, e of the sauna parlor, si , u.na or sa una
b ath m remain an be fully clothed.
Section 23 1649. < C_O NST R RU UCTION A ND MAITNITENANC RE UIREMENTS
1._Each establish.nent shall have a se restroom and separate
locker room facili for e se
2. All sauna rooms l ocker rooms, restroorns and bathroo u sed on the
prem shall be constructed of mater whi are impervious to
moisture bac teria, mold or fun u a and must e ke pt in a sanitary
condition which is defined as fr fr om the v cells of patho-
g eni c microorganisms. The fl oor -to - wall and wall j shall be
constructed to provide a sanitary rove with a m inimun_ ra dius of
o ne inch.
ORDINANCE NO.
3. All restrooms s hall he provided with me c ha nical ventilation w ith
2 cfm per squ foot o f ioor are a ha nd washing sink equipped with
- --
hot and cold runn water und pressure, sanitary towels and a soap
dispenser.
4. All rooms in the licensed premises including but not limited to sauna
rooms', massage roorns, restroom's. bathrooms,ianitor's closet, hall-
ways, and reception area shall be illuminated with n ot less than
3 0 foot candles of i
5 Each establishm s hall have a- janitor's clos w hich shall provide for
the storage of cleaning su plies. Su closet shall hav mech
ven tilation with 2 cfm per square foot o fl oor area. Such closet sha
include a mop sink.
6. Floors, walls and equipment in sauna rooms and in restroo and in
b athrooms used in connection therewith must be ke in aa_ of. goo
re pair and clean a a ll times. Linen an other materials shal be
stored at least 12 inches off the fl C lean towels a nd wash cloths
must be _made avai lable for each _customer.
7. Individual lockers shall be made available for u se by patrons. ` Such
• lockers. shall have separate key s_f locking.
8. Suc e stablishments shall provid ade ir ate ref receptacles whi
shall be e mptied as required.
9. The doors to the individual sauna room s hall not be e ui wed with any
locking device and shall not be blocked or ob from either sid
of the door.
Section 23 -1610. HEALTH AND DISEASE CONTROL
No person while affli-cted with any disease in a communicable form, or wh ile
a carrier of such disease, or while afflicted with boils infected wounds, sores, or
an acute respiratory - infec shall work in or use the services of -any public s team
bathing rooms, heat bathing room, bathroom, redugin relaxation establi
In any capacity in which there is a likelihood of such pers contaminating surfaces
With p organisms, or transmitting disease to o ther individuals and no
.p erson known or suspected o being afflicted with any such disease or condition
shall be employed or per in such an area or capacity .
Section 23 -1611. REVOCATION AND S USPENSION OF LICENSE
The license may be rev suspended or n renewed by the City Co
Cori recommendation of the City Manager by showing that the licensee, its owners,
managers, employees, agents -or anv of its interested
g part have engaged in any
4 of the following conduct:
ORDINANCE NO.
1. Fraud, deception or mis regresentntio ! in co nnection with the
securing of the license.
2. Habitual�'dru or intemp in t he u of drugs including
but not li to the use of dru def ined in Minnesota Statutes,
Section 618.01, barbiturates, halluci drugs, amphetamines,
benzedrine, dexedrine or other sedati depressants, s tirnula n ts
or tranqu
3._ Conduct inimical to the interests of the public health, safet
w elfare or morals.
4. E n a inch in any c onduct :invoivi rr�aral L urpitude or ermittinor
allowing others to so engage in suc conduct or fail 12 pr gvvent
such conduct.
5. _ Failure to fully comply with requir of this ordinance or
failur to comply with an re uir of the ord of th f` it
of Brooklyn. Ce nter relating to public he alth a nd s anitary conditions
building a nd construction codes zoniK codes and re uizcm of
any ordinance, the violation of which inv olves mora lAturgitude.
6. Conviction o an offense in vol y w moral tu rpitud e b y any co urt of -
competent jurisdiction. -- --
7 Engaging in an7 condu which would constitute gro unds for refusal
to iss a l icense un der Se ction 2371606 of t ordinanc —�
The lic ma app such s revocation o no nren ewa l to
the Ci Co uncil. The Council shall consider the appeal at the next .r r;,�qularly
scheduled Co uncil meeting, on or after 1 d ays _ from servi of the notice of ap pe��l
to the City M anager. At the conclusion of the hearing the Council may _ order:
. 1 The reyocation, n onrenew al of the 'license.
2 Th the re suspension or nonrenewal be lifted an that
the certificate be returned to the certificate hold
-
3. The City Council may ba either suspensi or issuance of t he
certificate upo any additional ter an stipulation
which they may in their sole discretion impose
•
ORDINANCE NO. S
S 23 - 1612. EXCEPTIONS
T his ordinance does no apply to the o�L_erati_on o f a sauna which is operate
• in conne with or as Bart of a c Nnifi. wherein the rp actitio
th ereof are licensed by the State o Mli.n or a ti a 1 art of a fuller equipn L bona
fide health club, having a fully ed e xercis e rroo i - L&, complete with types and
p ieces of -equip, ent in o erati and work o rder of a t ere uired for all form
of physical exercise, staffed and admini by pers trained as athletic
directors train rs, phys t herapists or chiroprac which - offers complete - - --
exercising, physical t raining and reducing services- inc;ludin as
to food, health, diet and the like, nor does this ordinance apply to an - munici al
corporatio nor do this ordinance apply to any s auna located in a ny comm ercial
of fice building, a pa rtm ent bui i.n hotel or motel. which is clearly incid
and second to the perm itted rrinci.p u se and whic i s offere solely
e_�clusiv to bona` f t employ of said tr j nants, r esidents cnest
of said resi dents and r stereo 1od�ers , re sLectivel � z of said buildings, hot
and motel a nd wh ich is not off ered to the public c - neraliy and as to wh there
is no public ad ertising or public o ffer of t hes e saunas via any _nnews media
Se ction 23-1613. SEP ARABILITY
Ev ery section, pro or_a part of this o rdinance is declared sep arable
from everl ot section, provis or p art t o the exten th at i any section, provisi
o r a part of th or dinance shall be held in vali d su ch holdin sh ell not invalig
a .' other sec provisio o p a rt t o
.Sectio 23-1614. PENAL
Whoe d oes any act for by thi ordin or om its o fai to do gnv
act r ecyc ired by thi o rdinance shall be quiity of a mis and upon con
t hereof by lawful authority, ber�un�is by- fin not to exc $50 and by imprison --
went not to exceed 90 da ys or both. Each rlay tha violation e xists c on stit utes
a s a nd distinct offense.._
Sectio 23 -161 L IABILITY FOR THE CRIMES OF ANOTHE
Eiger _person who cry' +7imi.ts o attem to co mmit, con to commit or _
aids and abets in the com of any a ct constitut a violation of t ordinance
o r an act, whi c onstitutes an oinission an t herefore _ a vi olation of this ord
whether indiv or in connection with one or mo persons or a s Vinci a l'., agen
or accessory, shal guilty of su offense and every Pers w ho fals fraud Y
1pntly� for o cause co erce_ s s rectuires, permi or di rects
another to violate any o f th p rovis io ns of th cha pter is likewise gu of s uch
offense.
Sec 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,
TvPe of License Recruired by Se ction License Expires unless' otherwise
• st ated
Saunas or 23 -1 604 Dec. 31 $3_,.
Sauna` Baths
ORDINANCE NO.
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) d a y s - following its legal publication:
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter.)
CITY OF BROOKLYN CENTER
ORDINANCE NO._.
AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF
MASSAGE PARLORS, P.EQUIRING A LICENSE TO OPERATE SUCH FACILITIES
AND ESTABLISHING STANDARDS, FOR THE CONSTRUCTION, ACQUISITION,
MAINTENANCE AND OPERATION OF SUCH FAC
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 Ceryter
is hereby amended by the addition of - the following:
Section '23 --1700 STATEMEN OF POLICY
The Cit Counci of - the City of Brooklyn Center c onsid ers i't necessary -to
provide for - the special and express regulation of businesses or commerci
enterprises which offer massages 'to the general pu blic in o rder to protect -the
p ublic health, safety a nd welfare and - to guard against t he, i and -transmission
o f disease. The City Council furthe finds - tha - t com mercial enterp offerin
massag are susceptible of operati in a manner con travening, subve and
endanger - the m orals of the community, thu requiri close i ns ecti licensing
an re c u lation . '
The City Council also finds - tha•t control and regulation of commercial establish-
menus of •thes ty' es, in vie of - the abuses often perpetrated require intensive efforts
by - the police dear tment, public health sanitarian and oth departments of 'the City
an as a consequence •the- concentrated use o City s in such control detracts
from and reduces - the level of service avail to `the rest of the c ommunit and therey
di minishes the ability of the C ity to promote the general health, welfare, morals and
wafe o f - the, community. In consi.dera'tion for the necessity on the part of ' City co
provide num erous services to all segments of the community, with out a conce
of public services in o ne area working to 'the detriment of the members of - the gene
public, it is her decided that the number of massage parlor lic enses is sued.
ursuail - to . t his o rdi nan ce .or - the number of sauna licens issued pursuan 'tC}
Ch apter 23- 1610 w may be in ,force at anyone time, either licensing massage
parlors sauna parl or and combination thereof, s be no more than a total of
- three su ch licens
Section 23 --1701 DEFINITIO
i . The 'term "massage" means - the rubbing, stroking, kneading, - tappi or
rolling of -the body of another w ith 'the ra nds for the exclusive 2uc°pos
of phys fitness, relaxation, beautification and for no other pur
2. The •term "masseur" means a male pe rson w ho practices or administers
ma. ssage
ORDINANCE NO.
3. The term "masseuse" mea�G a fPmat ncrS n.ailao s
mas sage.
4. The - term. "certificate "_ �bLr-n'n Pang
City authorizing - the bolder - thereof .to practice or administ massage in
the City of Brooklyn C enter.
Section 23 --1702 MASSAGE DISTINGUISHED
The practice of massage is he declared - to be from the dice Qf
medic surgery, osteopathy, 'chiropractic, physical opodia and persons
d uly lice in •thi state - to practice medicine, s urge n , osteopathv�
physical therapy or podiatry, nurse who wo solely under the direction of any �
persons athlet directors and tra are hereby expre excluded ffm pry°
visions of thi sec Beauty cu and - b vzho do not Clive, or holes -�
themselves out to give, m assage treatments, as defined herein other than is
customarily given in such shops or places of business, fo the au r u pose (2.f beaulibca -n
onl shall b e xempt from the provisions of t his sec tion.
Section 23 -1703. LICENSE AND CERTIFICATE REQUIRED s
No person shall engage in -the bus of operating a may seas ca or
massage establi either e or i.n `conn v �t any o ther b-P—S
enterprise without being first d uly licensed a s provided her ein, 1 0 per e
e ngage in or hold himself or herself out as being en sn 'the pra i.c of m c _
nor shall any person administer or practice m or for hire, fir.?°
-the exchange of any valuable consideration withi t he City of Brooklyn Q
first havin obtained a certificate as herein provide excep anY
registered b t he State Board of Medical Examiners
Section 23 _ 17 0 4.- CONTENTS O F APPLICATION FOR L AC. NSF
Application for license shall be made on on the forms proyi tr Zr
Manager. Four complete copie of the applicaticn L be furnished to •the o_ e
of - the City Manager con taining� the address and legal descrintion o. f the pLQpert�tr
be used, - the names, addresse and phone numbers o th owner, lesseg, if an and
the operator or manager, the name, address and telepl•ione numbed of tw
who shal be residents of Hennepin County and who may be cal led upon'to attar Q
the applicant's, manager's or operator's character,- heth the apnli mn sc
or operator has ever bee convicted of a crime or offense oth .than a tra ffic Q1 1 9 a
and, if so, complete and accu information a t o the time.. nLace and n it�_ 1ar_4f
such crime or offense includinq the disposition ':hereof; the names and addresses of
all creditors of the applicant, owner, lessee, or mana insofar as a rPga�i_ng
credit which has been extended for 'the purposes of constrizctna equnpzng,ts3
ing, operating or furnishing or acquiring the premises personal effects • �citaijrnent or
an ything incident to the e maintenance an d`operatio r. of a massaa lam'
or massage establishment. If - the application is ma on beh alf of a cornora ion
business venture, partnership or any legally con bu association, it
s hall submit along wit its applicati acc urate and complete business records show
ing the names and addresses of all individuals ha ving ari_ int� rest in the b���nFSs
Including creditors furnishing credit for the establish aec of sition, maintenance
ORDINANCE 110.
and furnishings of said business an in the cas o f a ccrproration, the names an
add ress e s of all office general managers, mem o the boa of directors a
well�a,s an cre! i`tcrs who have extended c for _t a c u isitio n; maintenance,_
ope ration or furnishi of the establi including the purchase or acquisition o
any items of p ersonal . pr operty for use in said operation. All applicants :shall furn
' to the City, along with 'their applications, complete and ac curate d
establishing - the inte of the ap2licant and any other erso having an interest in
' the pr upon which the buildin is proposed - to be located or in the furnishings
- thereo f, pe rsonal property thereof, or the operation or maintenance ' Documen
`ta -tion shall be in the f orm o f a le ase, deed, c ontract for dee mortg deed; mortga
c redi - t arrange loan agreem secur'tY agreem an any o do cuments
establis inter of the applicant or _anv other person in. - the o acquisi-
'Lio or maint of the _
enterprise of fering a massage. The application shall also
contain blueprin diagr plans, layouts an t he li showing the construe tion
revision, r altera or ad of or `to the premi -and specifically
show th lay ou't, _de sign and arran ement of t re bathin and res faci
and the size and `type of- equipment and faciliti ro b_ _e u sed.
Section 23-1705, CONTENTS OF THE .APPLICA FOR CERTIFICATE
Applici t o n, sha be made only on forms provi;le hv- the� Ci'ty 1\/I The
?l: cation sha c the following inf together with any other infor
tion whic -the City LAanacl .r may re wire;
1 Evide of - the a2 pliran•t' s education qualificat i ,-Acludjn cf
o riginals or certified copies of de rg_ees diplomas or certif
if a.nv
2. Evide of a ppli c an t's practical qu alifica - tions to p r a c , ti ce massLq .
3. Evidence - that th app licant is of good mora chara c - ter.
a � �
P 4 �.
c
4. Th.. name and addre �f two oersons, r..s. of.Henri a.n
w
Cou nty, who raay be ref erred to as th app c'naracter,
S NArn - the app lican t has ever been conv icted of a crime or offe
other than a - traffic offense, and if so, i as to the time,
place and nature of su cr� cr j.me or offense.
6. E i - the. form of a cur rent certific from a licensed -
phys prac in M i nnesota indicatincl (2) that within - past
ORDINANCE NO._
30 days he has e xam i ned ' he applica ,and (b) that suc
exa was fc Ch.: p urpose of .:e term ning whether applica
had any communi di sease and (c that as a result o such
examination he believes F ,`at applicant is riot sufferin from any
commun disease w hich would d- i squal ify - the applicant from
engaging in t practice of massage.
� --
Secti _23 -17 06. L FEE, LI INVESTIGATION FEE AND LICENSE
Y EAR �..�
• The annual license fe s hall be as G et f orth i n Section 23 --010 of the ,City
Ordinances and an investiga fee for -t ur oses of _i ssuing a lic is $1 , 500.
Th lice fee and f ee for th-e investigation of th license shall be when th
app . lica - tion is filed. in 'the event that the aiDp denied or in the event th
- the license, once issu is r evoked, cancel or surrendered, no part of the a
license fee or fee for n for the issuance of a license sha be ret to
.the appli unless by express action of - the City Council. A separa li cense shall
be obtained each yea each p of business. `.1 .e license shall display t he
lice on a prominent plane in the licensed prem at all 'times. 'A licen unless
revo is for - t he ca lendar vea or - a par for whi i'r- has b een issu The
fee for - the investigation f issuance of a lic ense must b e tende with each new
appl for a license, and m ust a lso be paid at any time when t' er is a�ro�
change of ownership or reapplicati for a lice wh ad ditio n al cr differen
parties oyther 'than _the -ori lice and interested parties _ are pr oposing to be
licen sed.. A lic for the operation o f a n n «ssaqe is nont ransferable.
Section 23-1 CER F EE, , CER T - IFIG AT — L INVESTI FEE AND
CERTIFICATE YEAR.
T he annual certificate fee shall be as se 't forth in Section 2 -010 of the Ci
T _
Ordina and an inv fee fo the __pjLr o ses of issuing a certi ficate - is one
hundred ( $100 ) do llars.. The certificate fee a nd fee for the inves of - the
c sh all. be paid wh en - the applicatio is f ile d. In - the event that `th a
, tion is denied o in -t he event that - the certificate on ce is is revok cancelled
or surrendered, no mart of the ann certi fee or fee for - the inv for the
issuanc o f a certif{C� -te _ sha_ll b returned to the a_pgLca un le ss _l?-�_ ex pnes s ac tion of
-the City Council. A se parate certificate shall he o bta li.ed each Year. Th cert
h older shal di� a y�the certificate on a prominent pla in - the premise of t he
certifi ho lder at all times. - A certifica un less revoke is for� calend y ear
or a hart 'thereo for which it h as be en i ssued . The fee for - the "investi ag tion._ is suance�
of a certi ficate must be -tendere with e ach n e - cv applica for a ce rtific ate and mu
also be pa id at any - time when - there is a prop cpapg of ownership or rea2plication
fo a ce rtificate whe rein additional or different par ties othe 'than - t`re original c er tifi cate
holder are proposing certifi cation. A certifi ermit - the hold - th ereof 'to practice
massage i s nontransferable.
ORDINANCE NO.
Section 2 17018. GRAj II, D- ENI-�I AND CERTIFICATES._
L icens e applications and certificate applicati shall be reviewed by the
Police Department, Planning and I nspection Department, Health D a nd
such other departments as - the Ci - _ Ma nager shall deem necessary. The review
shall in clude an inspeeticn of the prem ises covered by the applicat to determine
w hether the erem ise es s conforms t all applicable c ode r Ther eafte
licenses and c ertificates shall be recommended for aT)rroval or denial by the City
Manager to the City C ouncil subiect to the provisions of -this ordinanc A=
appeals shall be before -the City Council. A license permi tting the conduct of a
massage parlor or ma es nonrenewable and no
an app m us t be made each year for a license, pe rnai ' ttin q and allowing tI e
con duct o s uch bu for - th e succeeding year. A certific permitting the
ho lder the to pract or ad massage cornmercially`i nonrenevvabie and
n and application must be made each gea f or a certificate perm iiti_ng
and a llowing the holder thereof - to administer or pra-c massage f the succeeding
m ar.
Section 23- 1709. CONDITIOT\TS GOVERNING 3S UANC~. f OF A LICENSIE
1 . No lice shall be i ssue d if - the applic or anV of its o wner s, manacer
empl agent or inte res t ed parties is a person of bad :repilt
2 Licenses shall be issued only if th a lican and a ll of its owners, man
agents, emp o in parties are free of convictions for offens
wh ich involve mora tu rpitude or which r directly to su per van °s
ability, capa o fitness - to perform the duties an dis charge the r
si bilities of the licensed activity
3. Licenses shall be issued o nly to ap 1p ican who }lave not i - one�ear
prior to - the d ay of applicat have been denied licensure, have had a
license revok or suspended in or by a ny c o rnmun ty or political subdivisio
or - the State of Minne an whose owners. managers, or anv interested
J parties, have not been ,s imilarly den rev oked, or suspended
4. Licenses sh all b e issued. only 'to ar )licant who,ha answe and
- trut hful ly all of the informat reu .ste in 'the application, vti =ho have
m aid. - the full licen fe and f ee, for inv estigation and have cooper
fully a - truthf_ullv with t he City in the r eview of the ap licatilon.
5. I - the a pplicant is a'na-tural a l shall be grant only if
such person is 18 ne ars of a e or olde _
6. License may only be ranted when in comp lete conformity with the
zoni.ng..c of - t he City of Brooklyn Center.
ORDINANCE NO.
7. Licenses s hall he gra o ily t e .tab.isllme w1h ca meet -th
safe:t �L,_sanitary and build code re o f t Cib - ..
8. A license shall no be grant if grant - the lice (a) would be
inco nsistent with the comprc liens ive de p lan s of the City,
or w ould otherwise h ave a detri e ffect upon other property
or pr operties in
Section 23- -17 10. CONDITI GOVERNING' ISS•UANc' OF THE CERTIFICATE .
1. Ce rtificates s hell be issued only - to parsons o goo repute and pe
- who are in good Health and free_ f any commu diseases whic
wo uld disg the applica�it from engaging'in the practic of ma
2, Cer tifi cat es ^hall be issued on! - to persons free of convictions of offense
which involve m or w hich r elate direc to the person's
abil capac - or fitn -to perfo the duties and discharge the
-
re.spon sibil ity of 'the oc cun a tior..
3 . Certificate shall no be iss to per who, cvi,thin one year pr ior
'to 't date o a iic have been dee ce rtification or who has
had his or her cert revoked or s <ea in or by any p
subdiv m unic i Y aali'ty or b - th e State of Minnesota.
4. Certific shall b e issued only - to persons who leave fully an tr
a nswe red all of - the in formati on regu es�t e d in tl?e a pplica tion and h pa
.. the full cer f ee and c e rtifi ca - tion inve fe
5. Certificates shall be issue on ly - to persons 18 years of age, or older.
Se: Lion 23- 171 RESTRICTIONS AND RE .
• 1 . No lice shall em Ic any p erson as a mass or mas w i - thou•t
fir insuring - that said e poss esses a valid c ertificate for - th e
admi t na "Lio or pra ctica of rti assage.
2. T he lic pr serail no b e o pen or in on era•tion between the ho urs
of 11 :00 p.m. and 8:00 a.m. on te succ eeding day nor siZall tizzy pcz'son
engaged in - t h e P ract ice o f ma ssag e be oi-, sai premises or perform any
massa o r admi any st c tu seu ices be •the hours of 11 :00 p - .m,
and 8:00 a on - the succeeding d
•
ORDINANCE NO.
i
3 The licensee, masseuse, or masse and arr� persons in their
em ploy or agents or o there of and a ny n.d all persons
with an interest in said bu siness shall co w ith all applicabl
ordinances, reUla and laws of the City of Brooklyn Center
'the State of Minnesota, and -the Unite Sta tes government _
Q. If the licensee is + a partnership or corporation, - the applicant
shall designate a p erson to be man gier and i n r charge
of the business. Suc person sha for the
conduct of - the business until anoth p has been
desiana�ted in -vwi by - the licen . "l licensee shah promptly
notify ; the poli deEartm in writ ir_g_of_ a ny su ch ange indicating
- t he name, address and - telephone number of - new manager and th
effective date of such change.
5 . The licensee shall 'permit and allow the inspe o f the t emi.s es
during business hours by any and all app ropriate City employees
and ag n .
6. The lic p remises must be kept and n- ta in a sanftarjr
• cond defined as being free from - the ve ye'ta - tive ' cells of path
microorganisms and al l equipment, personal prop tab beds,
- towels, clo , thinq an - the li ke used in. o r for the purpo o m assage
shall also be maintained in a sanita con ditio n as defined. herein.
7.
A ny person acting as a m or m asseuse shall have his o r her
cceerti fica`te displayed in a prominent pl ace at his place of employ
and upon demand by any p officer or other authorized officer or
agen -the City of Brooklyn Cent any person engagedn prac ticing
_Llci
massage shall identify himself or herself giving his or her t l
name, correct` addr and phony: numbe
$ . No person under 18 Years of age shalt be pe rmitted_upon or` allowed - to be
e mplo eY d or - t o serve in any es-tablishmen licensed under -the p rovision
of 'this ordinance
0 Any person pra m asq_Lge within th Cit of Bro oklyn- Center shall
ini advise the City of his or her addre a nd -telephone number and
shall further advise - the C of any changes in add ress or tele phone
number within - thi rty (30) day, of such change .
1 0. Any perso pra c ticing massage within the C do so only at p
which are licensed for the conduct of such busi as herein provided and
fu rther any person practicing massage sha inform the City of any chanc
in employment or - the location o f his emplo, wi thin the � within
seven (7) days after such rhanc e.
ORDINANCE NO.
1 1. It is unlawful fora mass to xoracti mas sage up a ny person exc
a male and for a ma 'to nr ma on any person except a
female.
_ ._ � _.
1 2. Any masse or masse practicing massa shall have - the upper and
dower parts of his or her body covered and completely clothed by a non-
Lranspare u niform or cloth at all times.`
1 3. Every person to whom a certific is issued shall appear personally at
- the police de partment - to receive d of - t he c ertifi cate an upon such
.appearance, shall be photographed and fin rinte�d fo i.der tif
p urpos es One copv of. the photoaraplis shall be permanently affixed to
the certificate and a'second copy -thereof shall be kept in the - files of -the
p olice department
1 4. Ea Li censee shall keep on - the licens demi an fo eac li cens ed
p remises an occupancy or guest register which shall contain -the true
corro& name, address and pho number of ea pa tron of the license
premises Each licensee, his emplo ma sseurs, masseus or
agents of -them sh all req each paZTon himselL such
sufficient identifica true tion s - the c orrec t n ame, address and
ph one r ur� ber. of s aid patro The occupancy ` regis - ter or guest reiq is , ter
sha be m ain'tainea on - the licensed rem ses and o en for inspectio
by offic emp loyees and agen o f - the Crty of Eir .ent tine
S'ta of NlinnesaM or - t he United States government and must be maintai
fo a p eriod of not less - than L wo Years ,
_
Section 23 1 712. CONSTRUCTION A ND MAM TENANCE REQUIREMEI\IT
1 . Each .l premises shall h ave a sepa.ra.-te restroo a nd s ,e c rate
lo cker room f or me mbers o f each s ex.
• 2 All m zo -m restr and bathroo us ed in conne ction ` there with
shall he corstr, .ic�ted of ma-terials \AThi ale impervious to moisture, ba
�__
mold or fu ngu s growth and shall be m ainta i n ed in a sani-ta con defined
as being com_,letelyfree fr om the veqeta c ells o f pa mic
isms. The floor -to - wal l and wa ll Joints shall b e cons - to pr a
s anitary cove w a minimum radiu of on inch. All equipment ; . Ersonai
prop e rty , be towels, clot and the used in 'the massacLe a� zlor
shall; b of a sanktc de sign an kc t in a sanitary c
•
ORDINANCE NO.
• 3. All res�troom sh alt be provided with nic ch6in.ical ventilation w ith tw
A -
cfm per square foot of floor a a hand v shi U. sink equipped with
hot a nd cold r=aining water under pressure , towels and a so ap_
dispenser.
4. Al rooms in the licensed premises inc but not lim , to sauna
rooms, mass rooms, restroo , b athrooms, janitor`s closet, hallway
- --
and rece ption area - shall he illuminated with not less than
candles of illu mination.
5 Each lic ensed p remi se s sh have a iari tor's ` closet w hich s hal l provide
for the storag of clean s upplies Such cl shali have mechanica
ventilation of two cfm per square foot of fl oor_;area. Su ch .closet shal
in clude a mop si
6 Floors, ,.palls and equipment in massage,; rooms, restrooms and bathrooms
must be kept i n 'a state of oo�air and sanitanr at all times. Li nen
and other mater shall be sto red at least twelve inches off the floor
Cl ean towel -wash cloths. an line mu be available for each customer
7. Individual l shal b e made availa for u se by patrons, with each
lock havi separate keys for loc
8. Such licensed_ pre shall provide a refuse recepticles w hich _
sha b e em - tied as often as requir
9. The d oors, - to - the individual massage rooms shall not be equipped with an
lo device rior sh - they= be b lock ed or obstructed fro either 'side of
the doo r.
Section 2 HEA LTH AND D ISEASE C ONTROL.
No perso whil afflicted with any disease in a- communicable form or while a
' ;car rier o suc di seas e or w! file _af flict:ed with b oil s .. inf wounds, s or an
acute r infectior shall work in or use the services of any public m assace
t r oom and n o p kno or suspected of being afflicted with any such dise or
condi shall be employed or per Lnj t ed i:n such aiea or capacity.
Section 23--1714. REVOCATION SUSPENSION OR NONREIIEWAL OF LICENSE.
T he licens ma be revoked, susp or not renewed by the`City Council
upon rec ommenda tion of the Lity Manager by showing that the- licen its owner
manag em ployes, agent or any o the r interested ?art have enga eg d in any
of the f co
I. Fraud, demo or m i n connection with 'the securing
of - the lice
0RDENTAITCE NO.
2. Hab%t drunkenness or in t:rAe us of dr includ
b�u no t limited to ["h use of dc f i ned in Min Statutes,
Section 618.01, ba tua to s , .al Ore ic d_rugs , amphetamines
b en2 e arzne, de�ced e o other se iatiye depressants, stimulants
or tranquilizers.
3. Conduc inimical to the interest of - the p ublic hea lth, safety,
welfa and morals _
4. T22a_gi in condu i nvolving moral tur or allowing
others wit th eir em ploy or agenc en. age in c onduct involving
moral t urpitude or 'Fafling to prev agen ts, offic or em in
erica in in con in�oi'Ji t urpitu de .
5. Failure 'to fUJI1 compl with any re of - t he ordinances of th
._ _
Cit of B Cen rega rding san and safet conditi
zonir72 re uir. e me - rrts , bi : �dix�g cod requir o r crd nances , th
vio lation o whic involv s morel - turp tai e_, or fail 'to comply fully
with a v requ rements of thi ord inanc e.
6. C o . nvict of an offense invo mora tu rpitude by anv court of
co p ate nt juri sdiction .
7.
inr fir any con vahiri zaG� l d cor.stit for refus - to
_ _._
issue a licens herein.
The licensee may ap peal suc suspens revocation or rion renewal - to- - the
Ci Counc T'h Councii shall consider V a at - the next re ul arly s
Co uncil mee on or a 't day fr service: of -the noti of appeal to the Cit
Manager. At t conclusion of the hearing, the Coun ma order:
1. That the revo cation, su_ spension or no nren e wal be af firmed
2. That -the r evocation, susp ension or n onrenewa b c- lifted and - that
- the certifi ba re-turned - t o the ce hoide
3. The Cib Council may b ase eithe susp isio or issuance of t he
certificate upon. a ny a dditional ter conditio and s ulations
which t hey may, in t! - �eir sol disc im pose.
Section 23-1715. REV CATION . SUSPENSION O R NONRENTA AL OF CE
Certification may be recommended by the Cit jlan Er for revocation or suspen
sion or not renewed by 'th C ji y Co f or any of. - tree foll2T±L ng:
ORDINANCE NO.
1 . Fr a ud, decepti or, or° I i srepres en 'tat ion in connect ,p'i't the
s ecuring of certificatio;a
2. Habitual drunkennes or intemperance, in the use of drugs including
but not limited to the use o drugs defined in M innesota �S ta:tutes,
Section 618. 01, barbituates, hallucinoger am phetamines ,
benzedrine, dex o r other sedatives d epressants ;, sti mulants,
or tranquilizers
3. Conduct ini to 'the interests of th public health, afe�ty, welfare
or moral _
4. Engaging in cond involving mor tur it ude .
5 . Fa - to f ull y comply with the regl en cats of this or
6. Conviction of an offense involving moral - t urpit ude by any court o
comp j
The certificate h older may a ppeal such suspension, revocatio o r no nrenewal
to the Ci ty Council. The Council s tall consider t he apaea at the next regularly
sched Counci m emeting on or after - ten (10 ) days fr om service of the noti of L; L(ea.l_
• 'to •the C ity M anager, At th conclusion of the hearing •t'ne Council may order:
I . T ha•t - the rev ocation., suspen or nonrenewal be affirmed
2. That - the revocation, suspension or nonrenewal be lifte and that. - the
cer tificate be retu - to •the certificate holder 4
3. Th City Council may b ase eith suspen or issua of the
c ertifica te upon any addit ional -terms, conditions and stipu
wh ich they may, in their sole discretion, impose
r
Section 23 -1716. PROHIBI ACT No empl shall employ a T_ erson to prac or administer ma ssag e nor permit
' s uffer or allo a person to prac or adminis massage unless that person has b een
granted a valid ce pursu •to - this ordinance and every employer shall require
t hat the rertific b e - or omin ent l y and openly displa on 'the prep, es i plain vi
Secti 2',l)-171 SE PARABILIT Y
Every se cticm, Pr ovisio n or l rt of this ordi .s declared separable from
every other section, pro vision or par - to - the extent t hat if any section, provisio or
pa rt of - the ordin shall ire -el in such holding shall not any ot her
se ction, provisi or p t
ORDINANCE , NO.
• Sec - tion 2'3 --17 19 ; PE TI TES e
Whoev does any act _tom idden by thi or dnance or omits or fails to do
anv act require by 'Lh ..is ord sha 1-je guilty of a misdem and , aeo n
c onviction - t hereo f b lav�. authorit'y, pF pa nisl.e� � " f *.�e not 'to exceed YSQO
an by imp no , t o exceed ninety (90 ) da vs o r both o r a co of
ei : 'ther. Each tha a violation exi consti E. separ and distinct offens
Se ction 23 -1 720 �LIABILITY FOR T HE CRIMI]'S OF ANOTHER
E very _p ar.s ori who coinrnit or att cofnmi conspires to co n.mit or aids
and abet in - the co rrrfAssi on of a ny t.ct constitu"Lin a v ,. la'tion of this ordinance or
.n a cons't a omiss and there a viola of this or
�. _
wh ether it div or in connection with one or more x,er -o as prir age
0 1 accessorv, shall be c zilty of su offense a e vr�� Pe rson who fa lsel y, f raud u len tly
forcibly or wiliful _nd-uices, c coerces re. cw ire s , 'Hermits or dire an
'to viola any of 'the �" provi sions of `this chapter i like guilty of such offense.
Sect ion '4 LICENSE FEES.
,
The fees for the various licenses shall be as hereinafter sta.'ted, not wi-ths
other ordinance provisions regarding 'the specific fee.
Fees (annual
Tie of Lic Req uired by Sectiori L icens e E xpir e unless o
Y stat
Tl assaae Par lors- 23 -1 Dec. 31 $3,0CI0
_Mas seur or 23 -1707' Dec. 31 $ 50
Masseuse — _._.._..
Section 2 This ordinance shall become effective after adoption and upon - thirty
(30) days following i legal publication.
Adopted - this day of _ 13
T
Mayo.- - - - -
ATTEST'
Cleo
Date of Publ ica
Effective Date
(Underline indicates new matter . )
•
2
CITY OF TBROOKU-i N <. ENTIPER
ORDINANCE
AN ORDINANCE P�MIENDINU C +I�PI R .K' FEG���RDINC
SPEC USES IN T HE C -22_ (GE ?\TUZ AL G OM DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS
Section 1. Chapter 35- -322 (3) (d) of the City Ordinances is hereby
amended to read as follows:
(d) Eating establishments offering live enter tainment
recreation and amusement places such as motion
picture theaters and legitimate theater; snorts
arenas; bowling alleys; skating rinks; recreation
centers gymnasiums and athletic clubs; and
health spas, all prov ided they do not abut an
R -1, R--2, or R -3 district, including abutment
at a street line.
Section 2. Chapter 35-322 (3) of the City Ordinances is ;hereby
amended by the addition of the following:
() Sau _es tablish m ent s and masse establish
prov the do not abut sn.y re R-ml through
R -7) district, including abutment at a street li ne.
�ectfton 3. Chapter 35 -900 is hereby amended in part, by the .
addition of the following:
� - Rubbing, stroki: — tapping or r olling of_
the body of another with th hands for t he e ourpe
f h sical fit ness, relaxation, :beautification and for no other
uroeo
auna ;Steam bath, hot water bat or he bathing by use of
eat lam ps, and any such room or f ac lit e c�ally cons
' t erefor, us for purp bathina rela o. r eciuq n -
t� izin ste h ot a ir, hot water, or heat lamps as a cleaning
elaxin._ or redu cj.,i . Ler.t_
Section 4. This ordinance shall become effective after adoption
and upon thirty (30) days .following its legal publication.
Adopted this day of 19
ORDINANCE 4
Mayor
ATTEST:
Clerk
Date of Publicati:on
Effective "D ate
(Underline indicates new
t
i
CITY OF' CENTER
ORDINANCE
AN ORDINANCE AMENDING CHAPTE 12 OF THE CITY ORDINANCES RELATIVE
TO RENTAL DWELLING L ICENSE APPLIC I NN7CR 4ATION
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 1 2 of the City Ordinances of the City of Brooklyn Center is
hereby amended by - the addition of the following-
Section 1:2 -903. OWNER 1 011 AGENT TO APPLY.
License application or renewal shall be made by the owner of rental units or his
legally constituted agent. Application forms may be acquired from and subsequently
filed with - the Compliance Official. The applicant shall supply:
(1) Name, address and - telephone number of dwelling owner, owning
partners if a partnership, corporate officers if a corporation; -
i
(2) Name, address, and' - telephone number of designated resident agent,
if a ny;
(3) Name, address," and - telephone number of vendee, if -the dwelling -is being -
sold through a contract for deed;
(4) Legal address of - the dwelling;
(5) Number of dwelling units within - the dwelling,
(6) Description of procedure - through which tenant inquiries and complaints
are •to be processed.
Every perso 'holding an operating license -s give no- ice in writin te�o the
�. _Com- fiance Official within fiv bus days afte a ny change of this
informa No tice of transfer of ow s hall be as described. in
Sect ion 12 -9 08. --
Section 12 -908 LICENSE NOT TRANSFERABLE.
No operating license .shall be transferable to another person or - to another rental
dwelling. Every person holding an operating license shall give notice in writing to the
Compliance Official within [ 72 lours] f ive bus day after having legally 'transferred
or otherwise disposed of - the legal control of any licensed rental dwelling.` Such notice
shall include tie name and address of the p succeeding - to - the ownership or control
of such rental dwell or dwellings.
ORDINANCE NO.
Section 2. This ordinance` shall becrme effecti -ve after adoption and capon thirty
(30) days following its legal p :ablica.tion.
Adop d - this day of l9
Mayor
ATTEST
Clerk
V Date of Publication
Effective Jate
(Underline indicates new ma , t'ter, brackets indicate ma- ter to be dele-ted.)_
CITY OF BROOKLYN CENTER
ORDINANCE NO
• AN ORDINANCE AMENDING CHAPTER 1.9 PROHIBITING AND
REGULATING THE DISSE'TAINTA ION OF PORNOGRAPHY AND
RE LATED MATEM T S WITIIIN THE CITY OF BROOK CENT
THE CITY COUNCIL OF THE CITY OF BROOKUM CENTER DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn
Center is hereby amended by the addition of the following:
Se ction 19 - 1800. St of Purpos
Th Council of the City o f Brooklyn Cent seeks to discharge its
duties and responsibilities to the c ommunity by stemming the tide o f obsc
j le lacivioi s, _ tawdry in dec e n t __boo pictures, films, exhibitions,
ma terials and the like and to thereby preserve t he vali of life and environ-
ment i n the c to saf t he dig of it citizens and and
—_
defend t moral ch aracter and privacy and ghat of their children from
r
in decent int rusio n a nd and improve the quality of l commerce
and the standards of life i th Clty .
The City Council Id
22t the f;:nd s of tre Un ited Mat - Supreme
Court that:
s� m �, . l r � +- a
The a... of ex _(j_ ience, lncguding that o the past two decade
affords an a basis f or legislatures to conclude that a
sensitj 'Ke relat of human existence, central to family
life, commun w and the d evelo_ me nt of human personality
c an be debas and distorted by crass, comm ercial exp
of sex
The C ity C ounc il f inds tha pornography p rod uce s an irretrievable
eros in h uman va d a nd spirit e eglal affecting y adult
and children and f urther re .;ognize the u nip t hesis treat there is a n
r - -- s -_
ar uable c Lio bet ween. the unrestric -u e of Forn2an - and inciden
of crim acts.._..__ �_—
In ). �t of th ese find no, and �.v itl de gra con cern for the
future we11 bein oft e co !nu , t C ity oun here proh ibits the
use, s alr , t .ansf er , barter, trade, ex and production of pornog
Section 19- Definitions
The fo'lo t erms w ill 'nave the f definitions f or t he purpose
of t his ordina
✓ __ _
A. "Obscene i the descriptive adj ectiv e use to modify or qualify
a ny m ateri al or perf which is an obscene work.
ORDINANCE NO,
B . "Obscene W or Obscen Materi means any work including
but not limit to. books, mov ies, 4
' p ,
: � c i4rejs , magazines exhibitions
prod re coraing s a nd the li w taken as a whole appeal
• t o the pruri int erest in sex, w hich portray sexual conduct in a
patently offensive way: and which, 'take as a whole, lack serious
literary, artistic, p or sc value. In determining
whether or not a work is an obscene work or obsce material,
the trier of fact must find : . � _ �
1. That the average person, appl co ntemporary c
standar would find that the work or material, take as a whole,
ap peals to the p interest in sex, and
2. Than the work or material depicts or describes in a patently
offensive way, sexual co nduct specif d efined here or
aut horita t ively con by the Courts of this State as being
a portrayal of patently offensive sexual c onduct, as that phr
is used in definition of an obscene work or obscene materi
and _
33. , That the work, taken as a whole , ser
lacks latera.y,
poli ticalloo r scientific va lue.
C "M means any t prop includin but not limited to
b ook;, pri nted material, maga, in es , movies, pictu pl ays, e.a-
hibitions and pro ductions which are capab of being used or ada pted
to arouse i nterest, or to af the human senses, whether thr ough
the median of reading, observation, sou or in a ny other m
D. "Perfor means any play, m otio n picture, dance or other
exhibitio per b efore an audie
E. "Prurien Inter m eans having, exhibiting or lending itself to a
sham eful, morbid or lacivious intere in or th oughts about or d
as to nudity, sex, cr t bodily functions of human beings.
S
F "Community Sta mean the contemp community stan
of t hat co mmuni ty from which t he trier of fact is from i his
c ommunity o the vi cinage fr om which he comes.
G. " Offensive" means s offensive on its fac as to aff ront
curren standards of decency
H "Pa tently Offensive Sex Conduct" shall be d eemed to inc any
of the following described sexual conduct if d or describ
in a- patently of fensive wa
1. An a ct of se xual intercourse normal or perverted, actua or
simulated, including gen to - gen' ital cont anal -to-- ge nital
con tact, or oral -to-- g inte whether between hum
bein or between a hum , n bein and an animal.
ORDINAI:VCE NO.
2. Sadom abu which is de as any scene,
e xhibi ti on act enactme re- e nactment or displ involy. ina
a p er�o ri or perso *YS of whom are nude, clad in under -
armer_ts_ in sexually r evealing co stumes and who a re en-
g aged in a ctiv it ies i nvolv ir. q th fl elatio torture, f
b inding o cth restraint or physical abuse of any
person.
3. Masturbation exc functions and lewd exhibitions of the
human genitals including any explicit, close up represen
of a hum gen ital. organ or a fully ex view focu
upon the c en_and uncover h uman male or f emale s
orga
4. P contact or s physical conta with the clothed
or unclothed pub areas or buttocks of a h uman ,perso o r the,
breasts of a i-um.an female w hether alone or b etwe e n mem
of the same or opposit sex or betvv humans and animals
in an act of a ctual or simulated sexual stin� or a atifi cation.
5. Any d evice deigned o m arketed as useful primarily or the
stimulation o human genital organs.
6. Male or female gen itals in a state Of sexual st.iIP,u.laltJ. on or
arousal.
7. Co vere d male genitals in a di scernibly tur gid state
I. "Person sh - include ind ividuals, fir ms, par corporati
poin ventures, clubs, associations, and or and sh all
fur :incl the officers agents, partner directors and
employee thereot.
J. "Minor" means a p un the age of 18 year
c
Y. " Nudity" me ans the s of th hu, m or female genitals;
s
p�ublc are or buttocks w ith less than a Billy opaque c ove rin g or
` the s howing of the ferrr breasts with les than a fully 2p 1aq a_
co vering of any portion th below a paint i� i—,iediatel ab ove
the areo or the clenic of covered malEr�niti i a disc ernibly
turgid - - - -�� ._—
Section 19 -1802. Distribution and Fxhibitic)n of Por ra hy
It shall be unlawful for any p to sell, dive a bart trade,
deal in, pro perf show, e or possess with an intent to sell,
_q ive` away barter, trade, dea sh or exhibit any obscene work or
material in but not limited to v orks o r materials such as obscene books,
magazines, pic tures, rn p int rr.aterial, recordings, closed circuit
te levision productions or ex hibitions and the like.
ORDINANCE NO.
Sectio 19 -1803. Dis tribu t ion and ExhjWMn of Porno to Min
It sh all b e unlam f or any per to se ll, chive away, barter, trade,
deal in, produce, ,nerforq, show, exhib coss with intent to sell Qive
away, barter, trade, deal in sh ow or exhibit t any min any work or material
including bu not lim to books magazines, pictures m ovies, printed
material, recordings closed cir televis r� odu or exhibitions an
the like whi d e pict or sh nudity as defined in t ordinance of any — -
obs cene work or material including b no l imit ed to obs books magazines,
ictures mo vies, prin material, recording performances, closed circuit
television productions and the like.
b
Section 1 public displ
It shall be u ul. for any person to display to pu view at ne
s tand s , stores, busine establishments and i any publi ! where minors
_ are or m ay b i nvited , all owed or suffered or any vate place where sai
display is_ openl and easily visible t o members of the general public, any
device , cont rk;an v e, movie, pictur book maga zine, recor ad
ment or the like the c or external cov eringoff w hich expl oits, is deyc:ted
to, show e: hibits, desc or depicts any n ud ty,_sexual e;ond
_-
l ewdness , i ndecency, sadoma abuse, i llicit s ex lust or perversion
Section 19 - 1885. Penalty
Any person found guilty by a law a utho r ity o viol ating an provisio
of ord shall be guilty of a mi and shall b punished by
fine of not more than $500 and by imprisonment for not l than 90 d ays or
both.
Section 19 - Liability fo the cr of another
E very who commi or attemp co commit conspires to com rrait
or aid an abets in the commission of any constituting a violation of this
ordinan or any act, vrhic con an omassion and therefo a vio latio�:r
-- — _ _. —.
of this ordinance, whether individually or in connection with one or m ore
persons or as p agent, or acces shall b e guilty of s uch offense
and eve person who falser fraudelent1y, or willful induces
causes, coerce requir permits or dire another o �, mat - the
any of _t
^_ t h
pro visions of th is chapter i likew guilty of s uch oifense
Se ction 19 - 1807. P nuisa
Th sale, distri tr ading n, dealing in, c livirig s o win� _�_a �,hibition -
performance or production of any o bscene work or mate is h ereby declared
to be a nuisanc
Whenever the City Council determines that anuisa is being kept,
maintained, produc-d, permitted, cond allowed, or e it . !n2, o rder
the termination or abatement of that nuisanc by the person or p ersons kee ink
conducting, mainta , producing, p g o r all owinq that nuisance
ORDINANCE NO.
Section 19 -1808. Or der
The Order of the Cit C ouncil shall be i n writing, shall recite the
allegations constituting the nuisanc prov a seecified time for compliance
and state that civil enforcement of the Order shall be undertaken if no com-
pliance occurs.
The Order shall be served in the manner of a Summons and Complaint
in a civil action.
Section 19 -1809. Enforcement
t- If no a batement or t of the nuisance occurs within the time
prescribed in the Council Order, the City shall forthwith seek enforcement
of its order in any appropriate civil proce
Section 19 -1810. Recovery of Expenditures
The City shall k an accurate account of expenses incurred in
carrying out its or and abating the nuisance, including all expenses incurred
in connection therewith, including but not limited to filing fees, service fe es,
publication iees,_attorneys fees, appraisal fees witnesses fees, traveling
expenses, administrative time of City staff employees and the like. The Court
shall examine said expenses, correct th if necessary and allow the City's
expense account.
The person or persons charged with keeping, contain producing,
permitting, allowing or conducting said nuisance shall pay said expenses but
if in default of payment by 1 October, the City shall certify the amount
to the County Auditor for entry on the tax lists of the County as -a special charge
against the real estate us in connection with s nuisance or upon which or
within which said nuisance was kept, maintained, produced, permitted, con -
ducted or allowed and said sum shall be collected in a manner as other taxes
and paid over to the municipal treasury.
Section 19 -1811. Severability
Eve section, provision or part of this ordinance is declared separable
from every other section, provision or part to the extent that it any section,
provision or part of the ordinance shall be held invalid, such holding shall
not invalidate any other s provision or part thereof.
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 19
ORDINANCE NO.
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
' (Underline indicates new matter.)
f
Licenses to be approved by.the City Council on March 20, 1978
FOOD ESTABLISHMENT LICENSE
Brooklyn Center American Little League 6835 Colfax Ave. No. n Q
ature Food Center 1328 Brookdale Center 7". L _ Yt A �2 J
Sanitarian
GASOLINE SERVICE STATION LICENS
Plum Company 6840 -20 Shingle Crk. Pky. . J. G
City Clerk -�-
HOUSEMOVER'S LICENSE
Safeway Housemover's, Inc. 23590 Jamaca
Buil ing Inspector
7
� VIECHANICAL SYSTEM'S LICENSE
Carlson Store Fixture Co. 137 E. Island Ave. L�Gt_ /z_
The Tinn Shoppe, Inc. 110 Hamel Road
Bui�nspector.•
NONPERISHABLE VENDING MACHINE LICENSE
r Robert Book 7617 Unity Ave. No.
Chuck Wagon Inn 5720 Morgan Ave. No. 7• C r!l �± 1.�_�
Happy Dragon Restaurant 5532 Brooklyn Blvd. T - L L�_?tt�
Mario's Speed Wagon 5742 Morgan Ave. No. % . L - .�J{ J,
Cass Screw Co. 4748 France Ave. No. T XZ L�7 d
lames Vending, Inc. 1015 S . 6th St.
Schmitt Music 2400 Freeway Blvd. % • C - J =sZi
Sanitarian
SPE CIAL FOOD HAN DLING L ICENSE
LaBelle'`s Distributing 5925 Earle Brown Dr. % • C ` �2 GL��_/
Sanitarian
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