88-1828 WHITE - CITV CLERK .
PINK - FINANCE GITY OF SAINT PAUL Council Q' [�
CANARV -DEPARTMENT File NO. ���V �`�
BLUE -MA+OR .
Ordin�nce Ordinance N0. ��
y�3 a
Presented By , �
eferred To Committee: Date ��°�°2�
Out of Committee By Date
An ordinance amending chapter �13 of the Saint Paul
Legislative Code pertaining to conversation parlors .
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l .
That chapter 413 of the Saint Paul Legislative Code is
hereby repealed in its entirety and amended to read as follows :
CONVERSATION/RAP PARLOR
413 . 01 . Li�cense required. No person shall engage
in the business of operating a conversation/rap pailor
or adult conversation/rap parlor without a license
as provided for in this chapter. No license issued
under this chapter shall be transferable from one
person, business , corporation, or location to another.
413. 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
determination as to conformance with public health
practices and standards.
Adult conversation/rap parlor as defined in section
00.201 of �Lhis code.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�� [n Favor
cosw;tz
Rettman
�be;�i Against BY
Sonnen
Wilson
Form Approve y City Attorn
Adopted by Council: Date
Certified Passed by Council Secretary BY ,
By
Approved by Mayor: Date Approve b Mayor for Submission to Council
. By BY
, . �. . � . ��-/�� �
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Adult use as defined in aection 60. 201 of this code.
Converaation/rap parlor means an establishment advertising,
offering or selling the service of engaging in or liatenin�
to conversation, talk or discussion between an employee of
the eatablishment and a customer, regardless of whether
other goods or services are also simultaneously advertised,
offered or sold, and regardless of whether those other goods
or services are also required to be licensed. The term
"conversation/rap parlor" shall not include bona fide legal,
medical , psychiatric, psychological or counseling services
by a person or firm appropriately licensed; or bona fide
educational institutions, or panela, seminars or other
similar services offered by such institutions; or churches
or synagogues.
Obseene as defined in Minnesota Statutes, section 617 . 241 .
Obscene work as defined in chapter 274 of this code.
413 .03 . License classification. Conversation/rap parlor
license shall be known as a Clasa A license, and adult
conversation/rap parlor license shall be known aa a Class B
license.
413 .04 . Fee. The required fee for a class A or a Class B
license is two hundred fifty dollars ( �250.00) . A separate
licenae shall be obtained for each place of business. Only
one adult 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.
413.04. License requirementa.
(a) Application. The initial 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, which shall be prepared by the
inspector and approved by the city council , shall contain
the following information:
( 1 ) A description and location of the premises to be
licensed. If the premises is not constructed and
furnished at the time the spplication is
completed, the detailed plans of the pre�ises 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
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addreases 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) of this paragraph (a) have been arrested or
convicted;
(4) A description of the services to be offered.
( 5) The business, occupation, or employment of eaeh of
the persons named in subparagraph (2 ) of this
para�raph (a) for the three years immediately
preceding the date of application;
(6) The previous experience of the persons named in
subparagraph ( 2) of this paragraph (a) in a movie
theatre or similar business;
(7j A statement as to whether the persons named in
subparagraph ( 2) of this paragraph (a) have had
any license denied, revoked or suspended in the
city of Saint Paul or the atate of Minnesota, the
reason therefore, and the business activity or
occupation of the individual subsequent to such
suspension, revocation or denial.
(8) In the case of an adult conversation/rap parlor,
written proof that each employee is at least
eighteen years of age.
The application will then be reviewed by the division of
public health, division of housing and building code
enforcement, police department, and sueh other departments
as shall be deemed necessary. The 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 council . The city couneil , following a public hearin�,
shall either grant or deny the license in accordance with
the procedures set forth in chapter 310 of this code.
(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 property line of the
establishment to be licensed, and all community
organizations that have previously registered with said
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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 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 residin� within
three hundred ( 300) feet, or defects in the notice, shall
not invalidate the license provided a bona fide attempt to
comply with this paragraph (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 busineas 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 Street, 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 premisea is to be located;
(2) Traffie congestion and parking problems.
(d) Basis for denial. The council may deny an application
for renewal or grant of 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;
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provided, however, that the council shall not consider as
grounds for denial any activity on the part of the applicant
which activity is protected by the provisions of the
Constitutions of the United States or of the 3tate of
Minnesota.
{e) Hearing before city council may be recesaed. The
public hearing herein required shall be held by the city
council after reaaonable notice to the applicant and any
interested parties, and may be recessed from time to time to
permit the applicant to meet adverse evidence.
(f) Restrictiona 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
issuanee or renewal of a license impose such reasonable
conditions and restrictiona 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. The intent of the council is not to impose
any restriction or condition upon a license which will
unlawfully restrict any rights protected by the
Constitutions of the United States or of the State of
Minnesota.
413 .06 . Adverse action; grounds for suspension, revocation,
or denial . The City Council may consider the taking of
adverse action regarding a license application or licensed
business as aet forth in this section; provided, however,
that the Council shall not consider as grounds for such
adverse action any activity on the part of the applicant or
licensee whieh activity is protected by the provisions of
the Constitutions of the United Statea or of the State of
Minnesota.
(a) It shall be grounds for denial of the application
if the applicant or persons in his 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 the 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 licensed
activity and/or occurring on the licensed
premises, of any law.
(cj It shall be grounds for suspension or revocation
of any license granted under this chapter if the
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premises do not comply with the health, housing,
fire, zoning and building regulations of the City
of Saint Paul or State of Minnesota.
(d) An application may be denied or a license may be
suspended or revoked if the presence of such
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
this chapter, or from the original design of the
premises when initially licensed, without prior
approval of the city council .
{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 State of
Minnesota.
(g) 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 licensee, owner, lessee, or
manager fails to comply with any of the ordinances
of the city of Saint Paul or statutes of the 3tate
of Minnesota pertaining to conversation/rap
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 shall be grounds for the denial, suspenaion or
revocation of the license if the licenaee, owner,
� lessee, manager or employee has evideneed in the
past willful disregard for the health, housing,
zoning, building and/or fire codes and
regulations.
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(k) It shall be grounds for the denial, suspension 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 servicea.
division of license and permit administration to
inspect the premises or operations during normal
business hours.
(1 ) It shall be grounds for the denial, suspension or
revocation of a license if the licensee, owner,
lessee, manager or any of employee is found to be
in violation of the provisions of this chapter.
(m) It shall be grounds for denial, suspension or
revocation of the license of an adult
conversation/rap parlor if any employee is under
eighteen years of age.
413.07 . 3ubmission of plans and specifications. All
persons who hereafter construct, extensively remodel or
convert buildings or facilities for use as a
conversation/rap parlor shall 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, size
and type of equipment and facilities shall be filed by the
owner in the office of housing and building code enforcement
within 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 division of public health.
413 .08. Inspection by city officers and identification of
employees. During any hours in which any person is present
on the licensed premises, all conversation/rap parlors shall
be open to inspection by city health, building and licenae
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.
413 .09 . Rules and regulations; director of division of
public health may proaulgate. The director of the diviaion
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
all conversation/rap 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 rulea and regulations may be sufficient grounds for
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revocation or suspension of any and all licenses issued
pursuant to this chapter.
413 . 10. Unlawful acts.
( 1 ) It shall be unlawful for anyone to engage in,
conduct, or carry on any conversation/rap parlor
establishment without a valid license issued
pursuant to this ehapter.
( 2) It shall be unlawful for any person in any
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. This provision shall
not apply to any performance which constitutes a
form of Constitutionally protected expression,
unless such performance is deemed to be obscene.
( 3) It shall be unlawful for any person in any
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. This provision shall not apply
to any performance which constitutes a form of
Constitutionally protected expression, unless such
performance is deemed to be obscene.
(4) It shall be unlawful for any person, while in the
presence of any other person in any establishment
to fail to conceal with a fully opaque covering
the genital area of his or her body. This
provision shall not apply to any performance which
constitutes a form of Conatitutionally protected
expression, unless such performance is deemed to
be obscene.
( 5) It ahall be unlawful for any person owning,
operating or managing any establishment, knowingly
to cause, allow, or permit in or about such
establishment, any agent, employee, or any other
person under his or her control or supervision to
perform such acts prohibited in subparagraphs ( 1 )
through (4) of this section or any obscene act.
(6) It shall be unlawful to bring into or permit to
remain any bed on the licensed premises.
( 7 ) It shall be unlawful for any person to employ any
person under the age of eighteen to work in any
adult conversation/rap parlor.
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WHITE - CITV CLERK .
PINK - fINANCE GITY OF SAINT PAUL Council �i
CANARV -OEPARTMENT �( i
BIUt� -MMVOR File NO. V / �
, Ordin�nce Ordinance N�. �7�OZ�
. ,�,�
Presented By ,
Referred To Committee: Date
Out of Committee By Date
413 . 11 . Business hours. No customers or patrons
shall be allowed to enter the licensed premises after
1 : 00 a.m. and before 8 : 00 a.m. daily. No customers
or patrons shall be allowed to remain upon the licensed
premises after 2:00 a.m. and before 8 : 00 a.m. daily.
Section 2.
This ordinance shall take effect and be in force thirty days
from and after its passage, approval and publication.
9.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
-�g- [n Favor
Goswicz
Rettman (�
Scheibel A gai ns t BY
Sonnen
Wilson
Adopted by Council: Date
JAN 1 � 1989 Form Appr ve by City Att ey
Certified Pa s d cil S ta BY
By
Approv by yor• ate � ' � 1�8g Approve y Mayor for Submission to Council
�, -�.� �,�.�L.—= BY
P'�lf SHEB .�,�`,i`� <' �� �989
_ _��._ .__T_
ORKi1NATai , . . . DATE INltu►TED DATE COMPLETlD . . .. . � . . . .`� ..� l/���' �--... �
Kikt Sonn'en ` •f 11/4/88 GREEN SHE�T No. 0�275
�i
CONTACT PE 7 �
DEPAR7wAENT DIRECTOR IMVOR(OR A8818'TANT) //��� i�..
� ASSIGN - flwwcE a�E�r$�rv�8 o�cr�
MO 1 Y@ NUMBER FOR ?�a� j
ACT DE . CONT a�oNE ra. ROUTIN(i BU06ET DIRECTOR j.
ORDER: 1 Cm,nrroar�ev
8UBJECT/DESCRIPTION OF PROJECT/REQUEST:
Require adult entertainment businesses to have a license and bring City licensing code
to conform with zoning code.
�oGr�a�b�-, ��� ��k��-�,c.�
RECbMMENDAT10N8:(Approw(A)q Re�ect(R)) COUNCIL RESEARCH HEPORT:
PLANWMCi COMMISSION CNIL BERVICE CAMMISSION DATE MI DATE OUT ANALVST pqpNE Np. .
zanrxs co�isaroro �so azs sc►+oo�eonRo
81AFf CHARTEN COMMISSION COMPLETE AS 13 ADDL INFO.ADOED* RET'D TO CONTA�T CONSTRUEM s�
- _ _FOR A�t INFO. . _FEEDBAqt ADDED*:.
��*� A COUnCil *EXPUNATION:
surronTS vv►na+c�t�uce.oa�cmrE�
Neighborhoods •, r, � {. .
�,�-;•�:- c;cn'+s�r;'s� Cpnl�f,
��i � v...:�. ;.i�
i�OV 10 i���
Ni1T1ATNKi Pi�IEM,ISSUE,OPPOFiTUNRY(Who.VYhet.YYhen.Where.WhY).
Adult buainesses and certain similar, regular businesses, currently .operate without a liceitse,
but some cause adverse effects in the community and requiring a license could help stabili�e
the health and welfare of the community.
JUS71F1CA710N(CosUBe�s,Adventapes,Reauite):
Conforming licensing code to the zoning code strengthens entire code, sets out expectationB
for businesses and provides for community input and review.
CONSEOUENCES(Whd,VVhen.and To NRam►: .
• k
Additional regulation for. businesses; more control by communities.
ALTERNATIVES: PROS �p�$
No licensing of establishments Less work, less regulatio Less_ local communitt�
control
License only adult establishments Less opposition Legal problems
HISTOHY/PRECEDENTS:'
City has history of licensing
LfeQAL IbSUEB:
I
lst Amendment
, . . . ��� �i
Members: "' � /,,,�
�.��, Janice Rettman, ch��i''�-�
� -l<= C'iITY OF SAIN'r PAUI. Bill Wilson
.;-;,s:'��i,,:�
��` A �E��' .� OFFICE OF 7'H� CIZ`Y COUNCIL Bob Long
Date: December 22, 1988
JANICE RETTMAN
CoUn�,,�erson Committee Report
To: Saint Paul City Councii �
From : Community and Human Services Committee
Janice Rettman, Chair
A meeting of the Community and Human Services Committee was held on Wednesday,
December 21, 1988, at 1:30 p.m.
1. Approval of Minutes of November 30 and December 7, 1988 meetings.
Mitiutes approved as submitted on 3-0 vote.
2. City Council Agenda 11/22/88, Iten No. 4: First Reading - 88-1826 - An
ordinance amending Chapter 411 of the Legislative Code pertaining to
entertainment. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.)
Laid over to January 18, 1989 for the drafting of two (2) amendments.
3. City Council Agenda 11/22/88, Item No. 5: First Reading - 88-1827 - An
ordinance amending Chapter 412 of the Legislative Code pertaining to Massage
Parlors. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.)
Laid over 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. -
4. City Council Agenda li/22/$8, Ttem No. 6: Firet �Reading - 88-1828 - An
ordia�krt�e aanend3.ng Chapter 413 of Che Legislative Code p�tafstix�g to
Conv�t��;�ion Parlors. (FOR REFERItAt. T0 THE CO24MiJNITY AND HDMAN 3ERVICES
CO�fIT'�EE.)
Recommended for approval on 3,0 vote.
5. City Council Agenda 11/22/88, 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 over 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.
6. City Council Agenda 11/22/88, Item No. 9: First Reading - 88-1831 - An
ordinance amending the Legislative Code by adding a new provision regulating
the business of cabaret. (FOR REFERRAL TO THE COMMUNITY AND HUNIAN SERVICES
COMMITTEE.)
CITY HALL ROOM NO. 718 "SAIN'T PAUL, MINNESOTA 55102 612/298-5289
s.,�ss
Community and Human Services Committee
COMMITTEE REPORT
December 22, 1988
Page Two
6. (Continued)
� Recommended for approval on 3-0 vote. Hold will be asked for on third meeting
until license review committee meets on January 24, 1989, per Joe Carchedi.
7. City Council Agenda 11/22/88, Item No. 10: First Reading - 88-1832 - An
ordinance amending Chapter 415 of the Legislative Code pertaining to theatres_
and movie theatres. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.)
Laid over to January 4, 1989 for appropriate language of fee structure.
8. City Council Agenda 11/22/88, Item No. 10: First Reading - 88-1832 - An
ordinance amending Chapter 415 of the Legislative Code pertaining to theatres
and movie theatres. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.)
Laid over to January 4, 1989 for appropriate language of fee structure.
9. City Council Agenda 11/22/88, Item No. 11: First Reading - 88-1833 - An
ordinance amending the Legislative Code by adding a new provision governing
the business of health/sport clubs. (FOR REFERRAL TO THE COMMUNITY AND HUMAN
SERVICES COMMITTEE.)
Recommended for approval on 3-0 vote.
10. City Council Agenda 11/22/88, Item No. 12: First Reading - 88-1834 - An
ordinance amending the Legislative Code by adding a new provision governing the
business of steam room/bath house. (FOR REFERRAL TO THE COMMUNITY AND HUMAN
SERVICES COMMITTEE.)
Recommended for approval on 3-0 vote.
11. City Council Agenda 8/25/88, Item No. 30: Resolution - 88-1408 - Requesting
the Administration to review the report and recommendations of the Governor's
Blue Ribbon Commission and any information available through the Attorney
General's Task Force on Violence Against Women.
Introduction of ordinance amending Chapter 417 of the Legislative Code regarding
parking lots and ramps. Laid over to January 4, 1989 meeting.
cc: V A1 Olson
Ed Starr
��������
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lst ��c��S a 2nd 3- �(��� 9
3rd .,3 ' Z/ -D � Adopted ��"�O ' d �
Yeas Nays
DIMOND /�� �i�—��p��
C�!`"�"0
GOSWITZ l 7�u�/
LONG-=
RETTMAN
SONNEN
WILSON
MR. PRESIDEN'1'� SCHEIBEL
►