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88-1827 "� • WHPTE - CITV CLERK - e��� ,_�„oR E GITY OF SAINT PAUL F lecilNO. ���D�� CANARV -OEPARTMENT • O� indnce Ordinance N 0. l��P�� � - 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 That chapter 412 of the Saint Paul Legislative Code is hereby repealed in its entirety and the following adopted in its place : 412 . 01 .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 `7(0� 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: 2 � - � �. �'�� /�a � . , , . , . l7f��a ( 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. 3 3/2/� 9 . � , �'/�����) �71�7�v (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; 4 � . : ` ; . � . . - . � � �8-/��� � 1��� ( 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 5 . . . . ��_/�� 7 . . _ . . . �7l��� 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 6 � � . _ � . � � � ���/��7 . . . . d � ��e� 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. ? . : ��� /�� '� � �7�� (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 8 ����� , � . , �'�-���7 f �7/� �� 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 9 3/���� . . • �8� d�'�'7 � � " � � �7�i�d 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. 10 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. 3 . . . . . . . , . ��-i�a � ( 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 8 � � �: �. � � � . �- � � � Sg�-i�a7 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 �,���'/��7 lst f�o�o�- ��l _ 2nd �—����r g sra � -�/-�� Aaoptea ���-�9 Yeas Nays DIMOND /��• ��_���� (, GOSWITZ /7lo S�� LONG = � RETTMAN SONNEN . WILSON MR. PRESIDENT, SCHEIBEL