88-1827 "� •
WHPTE - CITV CLERK -
e��� ,_�„oR E GITY OF SAINT PAUL F lecilNO. ���D��
CANARV -OEPARTMENT
•
O� indnce Ordinance N 0. l��P��
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- l//3� ;
Presented By
�erred To �`�' Committee: Date „��a�- ��
Out of Committee By Date
An ordinance amending Chapter 412 of the
Saint Paul Legislative Code pertaining to
Massage Parlors.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l .
That chapter 412 of the Saint Paul Legislative Code is
hereby repealed in its entirety and the following adopted in
its place :
412 . 01 . License required. No person shall engage
in the business of operating a massage parlor or
an adult massage parlor, either exclusively or in
connection with any other business enterprise, without
being licensed as provided in this chapter. Any
person who conducts such business either in whole
or in part by arranging for massages by means of
telephonic , verbal or written communication shall
administer such massages only on a licensed premises
if such massage is to be administered within the
City of Saint Paul . No license issued under this
chapter shall be transferable from one person, business ,
corporation, or location to another.
412.02. Definitions. As used in this chapter, the
terms defined in this section shall have the following
meanings ascribed to them:
Adequate or approved means acceptable to the director
of the division of public health or his agents following
his determination as to conformance with public health
practices and standards .
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�� In Favor
Gosw;tz
Rettman
Scheibel A gai ns t BY
Sonnen
Wilson
Adopted by Council: Date Form Appr d by City Attorney
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved Mayor for Submission to Council
By BY
. . . �8'��d 7
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Adult massage parlor as defined in section 60.201 of this
code.
Adult use as defined in section 60.201 of this code.
Massage means the rubbing, atroking, kneading, tapping or
rolling of the body for the purposes of pleasure,
relaxation, physical fitness or beautification; the term
"masseur" means a male person, and the term "masseuse" a
female person, who practices massage. The practice of
massage shall not include and is distinct from the practice
of inedicine, surgery, osteopathy, chiropractic� physical
therapy and podiatry. Persons duly licensed or registered
to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry, and nurses who work under the
direction of such persons, are hereby expressly excluded
from the requirements of this chapter. Beauty culturists,
barbers and cosmetologists who do not give, or hold
themselvea out to give, massages other than those
customarily given in such shops or places or business for
the purposes of beautification only, and persons who give
massages only incidentally to their general occupations and
receive no compensation specifically for giving massages,
shall also be excluded from the provisions of this chapter.
Massage parlor as defined in section 60. 213 of this code.
Obscene and obseene work as defined in chapter 274 of this
code.
412 .03 . License classification. Massage parlor shall be
known as a class A license, and adult massage parlor shall
be known as a class B license.
412 .04 . Fee. The required fee for a class A or a Class B
license is two hundred dollars . A separate license shall be
obtained for each place of business. Only one aduit use
shall be allowed in a building or portion of a building.
The licensee shall display the license in a prominent place
on the licensed premises at all times . A license, unless
revoked, is for a calendar year, or part thereof, for which
it has been issued.
412 .05 . License requirements.
(a) Application. The application for a license shall be
made at the office of the inspector by filing the annual
license fee and by completing an application form. The
application form, whieh shall be prepared by the inspector
and approved by the city council, shall contain the
following information:
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( 1 ) A description and location of the premises to be
licensed. The detailed plans of the premises and
furnishings shall be attached to the application.
( 2 ) Names and addresses of the property owner, the
business owner, the lessee, the manager or
operator and, if a corporation, all the names and
addresses of the officers of such corporation, and
any other person or corporation which may have a
financial interest in the premises to be licensed;
(3) A description of any crime or other offense,
including the time, place, date and disposition,
for which any of the persons named in subparagraph
( 2 ) af this paragraph (a) have been arrested or
convicted;
(4) A description of the services to be offered.
( 5) In the case of an adult massage parlor, written
proof that each employee is at least eighteen
years of age;
(6 ) The business, occupation, or employment of each of
the persans named in subparagraph ( 2 ) of this
paragraph (a) for the three years immediately
preceding the date of application;
( 7 ) The previous experience of the persons named in
subparagraph (2 ) of this paragraph ( a) in a
massage parlor or similar business;
(8) A statement as to whether the persans named in
subparagraph (2 ) of this paragraph (a) have had
any license denied, revoked or suspended in the
city of Saint Paul or the state of Minnesota, the
reason therefore, and the business activity or
occupation of the individual subsequent to such
suspension, revocation or denial .
Such application will then be reviewed by the division of
public health , buildina insoection and desian division �f
, police department,
and such other departments as shall be deemed necessary.
Such departments will thereafter submit their reports and
recommendations to the office of the inspector, who will
submit all of the reports and recommendations of the other
departments together with the inspector's report and
recommendation to the Saint Paul city cauncil . The city
council , following a public hearing, shall either grant or
deny the license in accordance with the procedures set forth
in chapter 310 of this code.
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(b) Hearing; notification. At least thirty ( 30) days
before a public hearing on an application for a license, the
department of finance and management services shall notify
by mail all owners and occupants who own property or reside
within three hundred ( 300) feet of the main entrance
property line of the e�tablishment to be licensed, and all
community organizations that have previously registered with
said department, of the time, place and purpose of such
hearing, said three hundred ( 300) feet being calculated and
computed as the distance measured in a straight line from
the nearest point of the building property line in which the
business is to be operated to the nearest point of the
property line owned, leased or under the control of the
resident. Prior to the hearing date, the department of
finance and management services shall submit to the city
council a list of the names and addresses of each person or
organization to whom notice was sent, and certification of
such list by the clerk shall be conclusive evidence of such
notice. The failure to give mailed notice to owners or
occupants reaiding within three hundred { 300) feet, or
defects in the notice, shall not invalidate the license
provided a bona fide attempt to comply with this para�raph
(b) has been made. A bona fide attempt is evidenced by a
notice addressed to "owner" and to "occupant" of the listed
address . Only one notice need by mailed to each house or
each rental unit within a multiple-family dwelling
regardless of the number of occupants.
The notification requirements of this paragraph (b) shall
not be applicable where the license is to be held in a place
located within the downtown business district. For purposes
of this chapter, downtown business district ahall include
all that portion of the City of Saint Paul lying within and
bounded by the following streets: Beginning at the
intersection of Shepard Road with Chestnut 8treet, Chestnut
Street to Pleasant Avenue, Pleasant Avenue to Kellogg
Street, Kellogg Street to Summit Avenue, Summit Avenue to
Tenth Street, Tenth Street to Interstate Freeway 94,
Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge
to where the bridge crosses over Warner Road, Warner Road to
Shepard Road, Shepard Road to Chestnut Street.
(c) Hearing. The city council shall afford the applicant
and all interested parties a public hearing, and shall have
the discretion to consider in granting, denying or renewing
the license any reasonable fact or circumstance relating to
the public health, safety and welfare, including, but not
limited to, the following:
( 1 ) The character and suitability of the area or
neighborhood in which the licensed premises is to
be located;
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( 2) The proximity of the site for the massage parlor
or adult massage parlor to churches, schools,
playgrounds, parks or other community facilities
adversely affected;
( 3 ) Traffic congestion and parking problems.
(d) Basis for denial . The council may deny an
application for renewal or grant af a license on
the basis of a determination that the public
health, safety or welfare would be otherwise
adversely affected, taking into account one or
more of the facts or circumstances in this
section.
(e) Restrictions may be imposed. Where a reasonable basis
is found by the council to impose reasonable restrictions
upon the license, taking into consideration one or more of
the above facts or circumstances, the council may upon
issuance or renewal of a license impose such reasonable
conditions and restrictions on the manner and circumstances
under which the licensed activities shall be conducted to
preserve the public peace and protect and promote good order
and security.
412.06 . Adverse action; grounds for suapension, revocation,
or denial.
(a) It shall be grounds for denial of the application
if the applicant or persons in the applicant's
employ are not complying with or have a history of
violations of the laws and ordinances that apply
to public health, safety or morals . •
(b) It shall be grounds for denial , suspension or
revocation of a license if the owner, manager,
lessee or any of the employees or persons having a
financial interest in the business is convicted of
any violation, reasonably related to the licenaed
activity and/or occurring on the licensed
premises, of any law.
(c) It shall be grounds for suspension or revocation
of any license granted under this chapter if the
premises do not comply with the health, housing,
fire, zoning and building regulations of the City
of Saint Paul and State of Minnesota.
(d) An application may be denied or a license may be
suspended or revoked if the presence of such
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establishment is found to be detrimental to the
health, welfare or safety of the citizens of the
City of Saint Paul.
(e) A license application may be denied or a license
may be suspended or revoked upon evidence of a
material variance in the actual plan and design of
the premises from the plans submitted pursuant to
Section 412.05(a) ( 1 ) or from the original design
of the premises when initially licensed without
prior approval of the city couneil .
(f) Licenses may be granted only to establishments
which can meet the requirements of the health,
housing, building, fire and zoning code
regulations of the city of Saint Paul and 3tate of
Minnesota.
(gj It shall be grounds for denial , suspension or
revocation of the license if there is any fraud or
deception involved in the license application or
license renewal .
(h) It shall be grounds for suspension or revocation
of the license if the licenaee, owner, lessee, or
manager of the massage parlor or adult massage
parlor fails to comply with any of the ordinances
of the city of Saint Paul or statutes of the State
of Minnesota pertaining to massage parlors .
(i ) It shall be grounds for the suspension or
revocation of the license if the licensee or owner
or manager or any of the employees or persons
having a financial interest in the premises are
found to be in control of or possession of any
alcoholic beverages or controlled substances on
the premises, possession of which is illegal under
city ordinance or state law.
(j ) It ahall be grounds for the denial, suspension or
revocation of the license if the licensee, owner,
lessee, manager or employee has evidenced in the
past willful disregard for the health, housing,
zoning, building and/or fire codea and
regulations.
(k) It shall be grounds for the denial, suspen�ion or
revocation of the license if any aforementioned
person or persons shall refuse to permit any
police officer or inspector employed in the city's
fire department, department of community sevices ,
division of license and permit administration to
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inspect the premisea or operations during normal
business hours.
( 1 ) It shall be grounds for the denial, suapension or
revocation of a license if the licensee, owner,
lessee, manager or any employee is found to be in
violation of the provisions of this chapter.
(m) It shall be grounds for the denial, suspension or
revocation of the license if any employee of an
adult massage parlor is under eighteen yeara of
age.
412 .07 . Construction and maintenance requirements. The
following requirements shall apply to the construction and
maintenance of all massage parlors :
( 1 ) All massage parlors and restrooms and bathrooms
used in connection therewith shall be constructed
of materials which are impervious to moisture,
bacteria, mold or fungus growth. The floor to
wall and wall to wall joints shall be constructed
to provide a sanitary cove with a minimum radius
of one inch.
(2) All restrooms used in connection with all massage
parlors shall be provided with mechanical
ventilation with two ( 2) cubic feet per minute per
square foot of floor area, a minimum of fifteen
( 15) footcandles of illumination, a hand-washing
sink equipped with hot and cold running water
under pressure, sanitarp towels and a soap
dispenser.
( 3 ) Each massage parlor establishment shall have a
janitor's closet which shall be provided for the
storage of cleaning supplies. Such closet shall
have mechanical ventilation with two (2) cubie
feet per minute per square foot of floor area and
a minimum of ten ( 10) footcandles of illumination.
Such closet shall include a mop sink.
( 4) Floors, walls and equipment in massage parlors,
reatrooms and in bathrooms used in connection
therewith must be kept in a state of good repair
and sanitary at all times. Linens and other
materials shall be stored at least six (6) inches
off the floor. Sanitary towels, wash clotha,
cleaning agents and toilet tissue must be ma.de
available for each customer.
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(5) Individual lockers shall be made availabie for use
by patrons. Such lockers shall have separate keys
for locking.
(6 ) Doors on massage rooms shall not be locked during
the giving of massage . All massage rooms shall be
clearly marked by signs.
( 7 ) All massage tables, bath tubs, shower stalls, bath
areas, and floors shall have surfaces which can be
readily disinfected.
(8) Separate bathing, dressing, locker, toilet,
massage room facilities shall be provided for
female and male patrons.
( 9) The premises shall have adequate equipment for
d i s i n f e c t i n g an d s an i t i z i n 4 -_-�T-?-�-�-�-i-� no n-
disposable instruments and materials used in
administering massages. Such non-disposable
instruments and materials shall be disinfected
after use on each patron .
412 . 08. Masseurs and masseuses employed in the business.
The following provisions shall apply to masseurs and
masseuses under the regulations of this chapter:
( 1 ) No such business shali employ or use any person as
a masseur or masseuse unless such person is
licensed by the City of Saint Paul .
(2 ) Any person acting as a masseur or masseuse in any
such business shall have his license or a true
copy thereof displayed in a prominent place an the
licensed premises.
( 3) Massage parlors shall not discriminate on grounds
of race, creed, color, sex, national origin or
ancestry in perfarming services offered by the
licensed establishment.
(4) No massage parlor for which a license has been
granted by the city shall be open for business
unless and until any masseurs or masseuses
employed in the business have first complied with
the licensing requirements of Chapter 414.
412 .09 . Massage therapist trainees. Licensees operating
any massage business under this chapter shall notify the
division of public health of the names of massage therapist
trainees at the business location. Such notice in each case
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shall be given within one week of accepting a trainee. For
purposes of this section, "trainee" means a person engaged
in the active pursuit of the knowledge or massage and
related areas.
412 . 10. Submission of plans and specifications. All
persons who hereafter construct, extensively remodel or
convent buildings or facilities for use as a massage parlor
conform and comply in their construction, erection or
alteration with the requirements of this chapter. Plans and
specifications for such layout, arrangement and plumbing and
construction materials of the massage areas, and locations,
size and type of equipment and facilities shall be filed by
the owner in the office of k�uildinq insoection and desian
division ithin the
department of community services. A building permit shall
not be issued for any such construction, remodeling or
alteration until such permit shall have the approval of the
director of the division of public health or his/her agents.
412 . 11 . Business hours. No customer or patron shall be allowed
to enter the licensed premises after 10:00 p.m. and before 7:00
a.m. dauly. No customer or patron shall be allowed to remain
upon the licensed premises after 10:30 p.m. and before 7:00 a.m.
daily.
412 . 12 . Inspection by city officers and identification of
employees. During any hours in which any person is present
on the licensed premises, all massage parlors shall be open
to inspection by city health, fire, zoning, building and
license inspectors and police officers. Upon demand by any
police officer, any person engaged in providing services in
any licensed premises shall identify himself/herself giving
his/her true legal name and correct address.
412. 13. Rules and regulations; director of division of
public health may promulgate. The director of the division
of public health shall make such rules and regulations in
keeping with the provisions of this chapter and as may be
reasonably necessary to the safe and sanitary operation of
massage parlors. Such rules and regulations shall be
effective when filed in the office of the city clerk and
inspector, and amendments thereof shall be effective twenty
( 20 ) days after being so filed. Violations of such rules
and regulations may be sufficient grounds for revacation or
suspension of any and all licenses issued pursuant to this
chapter.
412 . 14. Violations, penalty. Every person who commits or
attempts to commit, conspires to commit, or aids or abets in the
commission of any act constituting a violation of this chapter,
whether individually or in connection with one or more other
persons or as principal agent, or accessory, shall be guilty of a
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misdemeanor, and every person who falsely, fraudulently, forcibly
or willfully induces, causea, coerces, requires, permits or
directs another to vioalte any of the provisions of this chapter
is likewise guilty of a misdemeanor.
412 . 15 . Unlawful acts.
( 1 ) It shall be unlawful for an�*one to engage in,
conduct, or carry on a massage establishment
without a valid license issued pursuant to this
chapter.
(2) It shall be unlawful for anyone to administer a
massage in a licensed establishment without �.
valid license issued pursuant to chapter 414 of
this code.
( 3 ) It shall be unlawful for any person in a massage
establishment to place his or her hands upon, or
to touch with any part of his or her body, or to
fondle in any manner, or to massage, the genital
area of any other person.
( 4) It shall be unlawful for any person in a massage
establishment to expose his or her genital area or
any portion thereof to any other person, or to
expose the genital area or any portion thereof of
any other person.
( 5 ) It shall be unlawful for any person, while in the
presence of any other person in a massage
establishment, ta fail to conceal with a fully
opaque covering the genital area of his or her
body.
(6) It shall be unlawful for any person to act as a
massage technician in any place other than a
licensed massage establishment.
(7 ) It ahall be unlawful for any person owning,
operating or managing a massage establishment,
knowingly to cause, allow, or permit in or about
such massage eatabliahment, any agent, employee,
or any other person under his or her control or
supervision to perform such acts prohibited in
subparagraphs ( 1 ) through (6) of this section or
any obscene act.
{8) It shall be unlawful for any person to employ any
person under the age of eighteen to work in any
adult massage parlor.
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WMhTE - CITV CLERK
PINK - FINANCE CITY OF SAINT PAUL Council /� �
CANARY-D6.P/rRTMENT J� J
BLUE -MAVOR File NO. � �` � �
t
Ordindnce Ordinance N0. /t �
Presented By ����.,a.�\(,����h� ��.�
Referred To Committee: Date
Out of Committee By Date
Section 2.
This ordinance shall take effect and be in force thirty days
from and after its passage , approval and publication.
Section 3.
This ordinance shall be deemed a part of the Saint Paul
Legislative Code and shall be incorporated therein and given
an appropriate chapter and/or section number at the time of
the next revision of the Legislative Code.
11 .
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�ns In Favor
Goswitz
Rettman �
s�be;nei Against By
Sonnen
Wilson
Adopted by Council: Date r� 2 8 h`� Form Appr d by City At rney
Certified Pa s uncil r BY
By
Approv by Mayor. MQR L � �� Appro ed y Mayor for Submission to Council ,
By �
PUBtlSl�D A P R - 81989
_._,-.ORIAq�IATOR . . • ' l/ �'� �� �
. P L, DA7E IIIITIATED DA7E COI�LETED O O L���
Kiki JSonnen " 11/4/88 GREEN SHEET No.
CONTACT PER8ON DEPAR'TMENT DIRECTOii µ►ypp(pq�gg�7µ�)
M l.l �R ur e NUMBER FOR ��8��°� 2 ��� i
cor�rtn oe . cor�r�cr vfar�rio. ROUTtNti euoaer anECron
ORDER: 1 cm ano�r+ev
SUBJECT/DESCRIPTiON OF PROJECTlREOUEST:
Require adult entertainment businesses to have a licen.se and bring City licensing code ;
' to conform with zoning code.
��a �� D���,,�
RECbMMENDATIONS:(Appipvs(A)a Rejecl(R)) COUNCIL RESEARCM REPORT:
. PUMNNQ C06MAISSION CNII 9ERVICE COMMISSION DAT�� �T�� ��-V� %iONE N0. �
mNMO COAMAISSqN 13D 826 SCHOOI BOARp �
�� qURTER COMMIS310N COMPLETE AS IS ADD'L INFO.AD�D* RETD TO CONTA�T CONSTRtJENT �.
- - _FOR ADDL M1F0. . _FEEDBAdC ADDED�
oreTp�c*c�ca A Council .�P„w�T,o�,, s
s�voArs wnx�+c�uNCw os,�crnE�
Neighborhoods
(,c �...�'; ��e�^:�E°�°� C�nter.
'iiuV 10 ��8�
�,u►����,�.�,�►�.�.,�,.�.�>:
Adult businesses and certain similar, regular businesses, currently operate without a licet�se,
but some cause adverse effects in the co�unity and requiring a license could help stabili�e
the health and welfare of the community.
JUSTIFICATION(CatlBenslqs.Advardapea.ReauNs):
Conforming licensing code to the zoning code strengthens entire code, sets out expectation�
for businesses and provides for coffiunity input and review.
CONSEGUENCEB(1Nhst,When.�nd To Whorng .
. i
Additional regulation for. businesses; more control by communities. �
�r
�
1
�
�r�a+nrn�s: �os ca+s
No licensing of establishments Less work, less regulatio Less local community �
control
License only adult establishments Less opposition Legal problems
lM8TORYlPRECEDENTB:'
City has history of licensing
LEQAI ISSUES:
lst Amendment
. � : - _ � �;-�y-_i���
Community and Human Services Committee
COMMITTEE REPORT
March 2, 1989
Page Two
. ity Council Agend€� 11/2,2�/88, Iten No. 3; �First Readirig - 8$-1827 - An ordinanc
amending, �pter 412 of Lhe Lagislative Code pertaining to Ma�sage Parlors.
(For refextal to the Community and Human Services Committee.) (Laid over�to
January' 1'�, I9S9 at the requeWt of the AMTA, who will submit draft ordinance to
Jim Murphy ��► review with City Attorney's� Office, as feasible.) (Laid over to
February �:� ].�89, per request csf i�_:�f�A.�1, {Laid over to March 1, 1989 for Health,
Licensing, Zq�:ing, City Attorney, author Riki Sac�ttten, and other appropriate staff
to review.) - ��f�.:t�'-z.:��^-�i,�,��(,C�,��,;�,.r�-�
(/ U
City n a 8$, Item No. 7: First Reading - 88-1829 - An ordinance
amending Chapter 414 of the Legislative Code pertaining to Massage Therapist.
(For referral to the Community and Human Services Committee.) (Laid ove.r to
January 18, 1989 at the request of the AMTA, who will submit draft ordinance to
Jim Murphy to review with City Attorney's Office, as feasible.) (Laid oc�er to
February 1, 1989 per request of the AMTA.) (Laid over to March l, 1989 for
Health, Licensing, Zoning, City Attorney, author Kiki Sonnen, and other
appropriate staff to review.)
Rieeommtend�d for approval on 4-0 vote with technical amendmente to be aub�i�ted by
the CiCq ACtertEey's Offica.
8. City Council Agenda 2/14/89, Item No. 43: Resolution - 89-248 - Selecting five
large organizations to continue with the application process for charitable gambling
endorsemPnt in the City. (For referral to the Community and Human Services
Committee.)
Committee recommendation for March 9, 1989 to be the date of drawing. All seven (7)
organizations in the drawing to be notified by Licensing and Council Research staff
by Friday, March 3, 1989.
9. Liquor Issues. (Discussion will be held on the hearing process and adverse license
procedures. Ms. Sonnen will update the Committee on her potential ordinance.)
A. City Council Agenda 10/20/88, Item No. 3: First Reading - 88-1674 - An
ordinance amending Chapters 409 and 410 revising and updating various
provisions of the Saint Paul Legislative Code regulating the sale of
alcoholic beverages and the conduct of licensed establishments. (Referred
to Community and Human Services Committee.) (Laid over from December 14,
1988.) (Laid over for 4 weeks or more, as determined by Kiki Sonnen.)
B. City Council Agenda 10/27/88, Item No. S: First Reading - 88-1721 - An
ordinance amending Section 409.26(b) of the Saint Paul Legislative Code
pertaining to presumptive penaltiPs for license violations. (For referral
to the Community and Auman Services Committee.) (Laid over from December 14,
1988.) (Laid over for 4 weeks or more, as determned by Kiki Sonnen.)
C. City Council Agenda 1/10/89, Item No. 19: Discussion with the Mayor, the
City Attorney, and Department Directors of Finance, Community Services, and
Fire on the Administrative Law Judge hearing process. (Referred to Community
and Human Ser.vices Committee.)
. �'�-/�a� ,���.�u�
� -a- �
����` CITY OF SAINT PAUL
s:<<,*.;;�
��~� ' " OFFICE OF THE CITY ATTORNEY
° =-
;� ,iiii�i ii°i >'.=
• s
_� � � ,:� EDWARD P. STARR. CITY ATTORNEY
�+,
°'�n�;�'��.��'" 647 Ciry Hall, Saint Paul.Minnesota 5510:
612-298-5121
GEORGE LATIMER
MAYOR
March 2, 1989
Council Member Janice Rettman
Chair,
Community & Human Services Committee of the City Council
Seventh Floor
City Hall
Re : Proposed Ordinance Amendment - Massage Parlors
Dear Council Member Rettman:
Pursuant to the request of the Committee on Community and Human
Services made at its meeting on Wednesday, March l , 1989 , I
have prepared the amendments to pages 3 , 8 and 9 of the pending
ordinance which amends Chapter 412 of the Saint Paul Legislative
Code pertaining to massage parlors . The changes are noted
on the pages , the underlined words being the new words added
and the strike-out the words that are deleted. Please advise
if your Committee has any further requests .
Yo very truly,
JER J. S AL-
sis ant City Attorney
JJ •c
Encl .
. � . �, . .- . . . gg-/�� �
( 1 ) A description and location of the premises to be _
1 censed. The detailed plans of the premises and
fu nishings shall be attached to the application.
( 2) Name and addresses of the property owner, the
busin s owner, the lessee, the manager or
operat and, if a corporation, all the names and
addresse of the officers of such corporation, and
any other erson or corporation which may have a
financial terest in the premise8 to be licensed;
( 3) A descriptio of any crime or other offense,
including the ime, place, date and disposition,
for which any the persons named in subparagraph
( 2 ) of this par raph (a) have been arrested or
convicted;
(4) A description of t e services to be offered.
( 5 ) In the case of an a lt massage parlor, written
proof that each empl ee is at least eighteen
years of age;
(6 � The business, occupatio , or employment of each of
the persons named in su aragraph { 2) of this
paragraph (a) for the th e years immediately
preceding the date of app ication;
(7 ) The previous experience of he persons named in
subparagraph (2 ) of this pa graph �a) in a
massage parlor or similar bu 'ness;
( 8) A statement as to whether the ersons named in
subparagraph (2 ) of this paragr ph (a) have had
any license denied, revoked or s spended in the
city of Saint Paul or the state Minnesota, the
reason therefore, and the busines activity or
occupation of the individual subse uent to such
suspension, revocation or denial. �
Such application will then be reviewed by he division of
public health, division of housing and bui�ing code
enforcement� police department, and sueh ot er departments
as shall be deemed necessary. Such departme ts will
thereafter submit their reports and recommend�i�tions to the
office of the inspector, who will submit all c�f the reports
and recommendations of the other departments t ether with
the inspector's report and recommendation to th Saint Paul
city council . The city council, following a pub ic hearing,
shall either grant or deny the license in accorda ce with
the procedurea set forth in chapter 310 of this c e.
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( 5 ) Ind vidual lockers shall be made available for uae
by p trons . Such lockers shall have separate keya
for 1 king.
(6 ) Doors o massage rooms shall not be locked during
the givi of massage. All massage rooms shall be
clearly ma ked by signs .
( 7 ) All massage ables, bath tubs, shower stalls, bath
areas, and f ors shall have surfaces which can be
readily disin cted.
(8j Separate bathin , dressing, locker, toilet,
massage room fac' lities shall be provided for
female and male trons.
(9) The premises shall have adequate equipment for
disinfecting and st rilizing non-disposable
instruments and mat ials used in administering
massages. Such non- ' sposable instruments and
materials ahall be di infected after use on each
patron.
412 .08. Maaseurs and masseu s employed in the business.
The following provisions shal apply to masseurs and
masseuses under the regulation of this chapter:
( 1 ) No such business shall emp y or use any person as
a masseur or masseuse unles such person is
licensed by the City of Sain Paul.
( 2) Any peraon acting as a masse r or masseuse in
any such business shall have h license or a true
copy thereof diaplayed in a pro inent place on the
licensed premises.
(3) Massage parlors shall not discrim nate on grounds
of race, creed, color, sex, nation 1 origin or
ancestry in performing services of red by the
licensed establishment.
(4) No massage parlor for which a licen has been
granted by the city shall be open for business
unless and until any masseurs or masse ses
employed in the business have first co lied with
the licensing requirements of Chapter 4 4.
412 .09 . Massage therapist trainees. Licensee operating
any massage business under this chapter shall notify the
division of public health of the names of massage therapist
trainees at the business location. 3uch notice in each case
shall be given within one week of accepting a trainee. For
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purposes of this section, "trainee" means a person engaged
in the � tive pursuit of the knowledge or massage and
related a eas.
412 . 10. 3 mission of plans and specifications. Al1
persons who ereafter construct, extensively remodel or
convent buil ' nga or facilities for use as a massage parlor
conform and co ply in their construction, erection or
alteration with the requirements of this chapter. Plans and
specifications f r such layout, arrangement and plumbing and
construction mate ials of the massage areas, and locations,
size and type of e uipment and facilities shall be filed by
the owner in the of ice of housing and building code
enforcement within t e department of community services . A
building permit shall not be isaued for any such
construction, remodeli g or alteration until such permit
shall have the approval of the director of the division of
public health or his/her agents.
412 . 11 . Business hours. No customer or patron shall be allowed
to enter the licensed premi es after 10:00 p.m. and before 7 :00
a.m. dauly. No customer or atron ahall be allowed to remain
upon the licensed premises a er 10:30 p.�. and before 7:00 a.m.
daily.
412 . 12 . Inspection by city offi ers and identification of
employees. During any hours in ich any person is present
on the licenaed premises, all mas ge parlors shall be open
to inspection by city health, fire, zoning, building and
license inspectors and police offic rs . Upon demand by any
police officer, any person engaged i providing services in
any licensed premiaes shall identify imself/herself giving
his/her true legal name and correct ad ress .
412 . 13. Rules and regulations; directo of division of
public health may promulgate. The direc r of the division
of public health shall make such rulea an regulations in
keeping with the provisions of this chapte and as may be
reasonably necessary to the safe and sanita y operation of
massage parlors . Such rules and regulations shall be
effective when filed in the office of the cit clerk and
inspector, and amendments thereof shall be eff etive twenty
(20) days after being so filed. Violations of uch rules
and regulations may be sufficient grounds for re ocation or
suspension of any and all licenses issued pursuan to this
chapter.
412 . 14 . Violations, penalty. Bvery person who commits or
attempts to commit, conspires to commit, or aids or abets in the
commission of any act constituting a violation of this chapter,
whether individually or in connection with one or more other
persons or as principal agent, or accessory, shall be guilty of a
9
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RETTMAN
SONNEN
. WILSON
MR. PRESIDENT, SCHEIBEL