88-1834 WH1�ITE - CITV CLERK .
�:,PVARV - D�EPARTMENT GITY OF SAINT PAUL Council �j�, /��J/
BLUE -MAVOR File NO. �� '�"
Ordin�nce Ordinance N�. L ��0�'
^ ���� � :
Presented By _
eferred To � Committee: Date ,!��`'���
Out of Committee By Date
An ordinance amending the Saint Paul Legislative
Code so as to add provisions governing the
business of steam room/bath house.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 .
That the Saint Paul Legislative Code is hereby amended
so as to add the following new provisions thereto:
STEAM ROOM/BATH HOUSE
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xxx. 01 . License required. No person shall engage
in the business of operating a steam room/bath house
or an ac�ult steam room/bath house without being licensed
as provided in this chapter. No license issued under
this chapter shall be transferable from one person,
business , corporation, or location to another.
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xxx. 02. Definitions. As used in this chapter, the
terms defined in this section shall have the following
meanin5s 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 .
Adult steam room/bath house as defined in section
60. 201 of this code.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�� [n Favor
Goswitz
Rettman B
scne�be� Against Y
Sonnen
Wilson
Form Approv by City Atto ey
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved b ayor for Submission to Council
sy By
: : . . . ��-i��.�
.���
Adult use as defined in section 60.201 of this code.
Obscene as defined in Minnesota Statutes, section 617 .241 .
Obscene work as defined in chapter 274 of this code.
Sanitary shall mean free from the vegetative cells of
pathogenic microorganism.
8team room/bath house means an establishment providing a
steam bath or heat bathing room used for the purpose of
pleasure, bathing, relaxation or redueing, utilizing steam
or hot air as a cleaning, relaxing or reducing agent.
XXX.03 . License classification. Steam room/bath house
license shall be known as a class A license, and adult steam
room/bath house license shall be known as a class B license.
XXX.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 adult use
shall be allowed in a building or portion of a building.
The licensee ahall 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.
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XXX.05. License requirements .
(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, ahall contain
the following information:
( 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 licenaed;
( 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
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(2) of thi� paragraph (a) have been arre�ted or
convicted;
(4) A de�criptian nf the �ervices to be offered.
(5) In the case of an adult steam ronm/bath house,
written proof that each employee is at 1eaWt
eighteen years of age;
(6) The bu�ine��, occupation, or employment of each of
the person� named in subparagraph (2) of this
paragraph (a) for the three years immediately
preceding the date of application;
(7) 7he previou� experience of the persons named in
subparagraph (2) of this paragraph (a) in a steam
ronm/bath house or similar bu�iness;
{8) A statement as to whether the persans named in
�ubparagraph (2) of this paragraph (a) have had
any licensa denied, revoked or suspended in the
city of �aint Paul or the state of Minnesota, the
reason therefore, and the business activity or
occupation of the individual subsequent to such
suspen�ion, revocation ar denial .
Such application will then be reviewed by the divi�ion of
public health, division of housing and building code
enforcement, police department, and such other department�
as shall be deemed necessary. �uch departments will
thereafter submit their reports and recommendations to the
office of the inspectar, who will �ubmit all of the reports
and recommendations of the other departmentW together with
the inspector's report and recnmmendation to the �aint Paul
city council . The oity council , following a public hearing,
shall either grant nr deny the license in accordance with
the procedure� set forth in chapter 310 nf this code.
(b) Hearing; notification. At least thirty (30) day�
before a public hearing nn an applicatinn for a license, the
department of finance and management �ervices 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 licen�ed, and all community
organization� that have previously registered with said
department, of the time, place and purpo�e of �uch hearing,
said three hundred (3Q0) feet being calculated and computed
as the distance mea�ured in a straight line from the neares�
point af the property line in which the busine�s is to be
operated to the nearest paint af the property line owned,
leased or under the cantrol of the resident. Prior to the
hearing date, the department of finance and management
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services ahall 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 residing 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 business district. For purposes
of this chapter, downtown buainess district ahall include
all that portion of the City of Saint Paul lying within and
bounded by the following streets: Beginning at the
interaection 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, denyin�, or renewing
the license any reasonable fact or circuinstance 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;
( 2) The proximity of the site for the steam
room/bath house or adult steam room/bath
house to churches, schools, playgrounds,
parks or other community facilities
adversely affeeted;
( 3) Traffic congestion and parking problems.
(d) Basis for denial. The council may deny an application
for renewal or grant of a license on the baais 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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(e) Restrictions may be imposed. Where a reasonable ba,sis
is found by the council to impose reasonable restriotions
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.
y�a�
XX.06 . Adverse action; grounds for suspension, 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 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.
(c) It shall be grounda 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
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.
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(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 of the steam room/bath house or adult
steam room/bath house fails to complx with any of
the ordinances of the city of Saint Paul or
statutes of the State of Minnesota pertaining to
the licensed premises .
( 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 ordinanee or state law.
(j ) It shall 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 codes and
regulations.
(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 services,
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 its employees are found
to be in violation of the provisions of this
chapter.
(m) It shall be grounds for the denial, suspension or
revocation of any adult steam room/bath house
license if any employee is under eighteen years of
age.
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XXX.07 . Conatruction and �aintenance requirenents. The
following requirements shall apply to the construction and
maintenance of licensed premises:
( 1j All steam rooms/bath house rooms, restrooms and
bathrooms used in connection the licensed premises
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 the licensed
premises shall be provided with mechanical
ventilation with two (2j 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, sanitary towels and a soap
dispenser.
( 3) Each 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) cubic 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 steam rooms/bath
house rooms, restrooms and in bathrooms used in
conneetion the establishment 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 cloths, cleaning agents and toilet
tissue must be made available for each customer.
(5) Individual lockers shall be made available for use
by patrons. Such lockers shall have separate keys
for locking.
{6) Doors on steam rooms or bath house rooms shall not
be locked during use. All steam rooms and bath
house 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 steam rooms and bathing rooms, dressing,
locker, and toilet facilities ahall be provided
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for female and male patrons, so that female and
male patrons may be served simultaneously.
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XXX.08. 3ubmission of plans and specifications. All
persons who hereafter construct, extensively remodel or
convert buildings or facilities for use as a steam room/bath
house or adult steam room/bath house 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 and locations, 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.
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XXX.09 . Inspection by city officers and identification of
employees. During any hours in which any person is present
on the licensed premises, the premises shall be open to
inspection by city health, 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.
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XXX. 10. Bules and regulations; director of division of
public health may promul�ate. 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
steam room/bath house or adult ateam room/bath house. 8uch
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 revocation or suspension of any and
all licenses issued pursuant to this chapter.
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XXX. 11 . Unlawful acts.
(a) It shall be unlawful for anyone to engage in,
conduct, or carry on a ateam room/bath house or
adult steam room/bath house without a valid
license issued pursuant to this chapter.
(b) It shall be unlawful for any person in a licensed
establiahment to place hia or her hands upon, or
to touch with any part of his or her body, or to
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fondle in any manner, or to massage, the genital
area of any other person.
(c) It shall be unlawful for any person in a licensed
establishment to expose the genital area or any
portion thereof of any other peraon.
(d) It shall be unlawful for any person owning,
operating or managing a licensed establishment,
knowingly to cause, allow, or permit in or about
such licensed establishment, any agent, employee,
or any other peraon under his or her control or
supervision to perform such acts prohibited in
subparagraphs (a) through (c) of this section or
any obscene act.
(e) It shall be unlawful for any person to employ any
person under the age of eighteen to work in any
adult steam room/bath house.
Section 2
This ordinance shall take effect and be in force thirty days from
and after its passage, approval and publication.
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WHjTE - CITV CLERK 1 ,
PINIt* - 51NANCE COIlI1C11 ('/ C/�
CANARV -OEPARTMENT GITY OF SAINT PAUL x J(
9LUE - MAVOR File N0. u �' f� `�
�
Ordin�nce Ordinance N0. �T(��
Presented By �. �
Referred To Committee: Date
Out of Committee By Date
Section 3.
This ordinance shall be deemed a part of the Saint Paul Legis-
lative 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.
10.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�� In Favor
coswitz
Rettman �
Scheibel Against BY
Sonnen
�Ison
Adopted by Council: Date
JAN 1 r 1989 Form Appr v d by City Att y
Certified Pas e cil Sec y BY
�'
By '
Approve y Ma r: �N � 8 1989 Approved � Mayor for Submission to Council
�� �_��-�� �'
s, -_T BY
p�� .:-��i� ,:; 01989
_.. _ _ ._ _ _ _ _ ��..____.� /- ,`
TOR . . . .- � : DAT!ttBTIATED DATE COMPlETEO !/ �f�/ ✓ �
' ` � •" 11/4/88 GREEN SHEET No. 002? 6
Riki Sonnen -
• CONTACT PEpSON �P��EM� ������ .
MO11 �RO NU B R FOR _ FlN�a ranww�rr s�av�s on�cmn 2 cm c�ac �7�pE✓ f
�� ' �NO' ROU11N0 euooEr a�cron '
;
ORDER: 1 Cm�rroawer
SU CT/DESCRIPTION OF PROJECT/RECUEST: '
Require adult entertainment businesses to have a license and bring City licensing code
to conform with zoning code.
S�P�X-rvt�� ��Y� S�{�u.�e �,�ha��s�
REC6MMENDA710N8:(Approve(A)a Re�acl(R�) COUNCIL RESEARCH REPORT:
PIANMNfi COMMISSION CML SERVICE COMMIBSION o��M o�r�ov► �ruursr �►ar�►a.
- ZONINO CAMMISSION I80 8�BCMOOI BOIWD �
8TAFF p1ARTER COMMISSION WMPI.ETE A9 IS I1�L NiFO.ADDED* RET'D TO COPRpCT CON87TTUENT r
� - _ • _FOR AOOL MIFO.# _FEEDBAq(ADDED•
D1S7i"�T� A Council
� *EXPU1NATpN: �
ffiIPPOR78 MVMICl1 COINICp.08JECTIVE9
Neighborhoods
1.��`: .�.:r�i I��rnci��C61 .ri�f1��Y
IyuV 10 i�8�
nxTw�PROB�Ew,�ssuR oPV�Ttqan►(wno.wnet.wnen,wnere.wnYr
Adult businesses and certain similar, regular businesses, currently operate without a license,
but eome cause adverse effects in the community and requiring a license could help stabilize
the health and welfare of the community.
i
�ustIF�CAtwM(CoWesrbnb.ndvanmges.Aea�ls): i
- �
Conforming licensing code to the zoning code strengthens entire code, sets out expectations �
for businesses and provides for community input and review.
;
CONSEGUENCES(�Mh�t,Mlh6rti and To VNaml: .
. i
Additional regulation for. businesses; more control by communities. t
1
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���rnES: �os �
No licensing of establishments Less work, less regulatio Less local community
- control
License only adult establishments Less opposition Legal problems
FNBTWtY/PRECHDENTB:�
City has history of licensing
�o�u.�sues:
�
. lst Amendment
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6l��
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, i989 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. Ci.ty 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 T'HE COMMUNITY AND HUMAN
SERVICES COMMITTEE.)
�.ecommended 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
• ' . ' M�rnber�: �� l�°��
! Janice Rettman, chair
: -�,.�;t�:�it� CITY OF �AZN'r PAUL Bill Wiison
.��,,�. ;t:n •
OFFIC� OF '1`Fi� CI7`Y COUNCIL Bob Long
• �� Date: December 22, 1988
JANICE RETTMAN
Councilperson Committee Report
To: Saint Paul City Council
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.
Miriutes approved as submitted on 3-0 vote.
2. City Council Agenda 11/22/88, Item 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 11/22/88, Item No. 6: First Reading - 88-1828 - An
ordinance amending Chapter 413 of the Legislative Code pertaining to
Conversation Parlors. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES
COMMITTEE.)
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 HUMAN SERVICES
COMMITTEE.)
CITY HALL ROOM NO. 718 'SAIN'T PAUL, MINNESOTA 55102 612/298-5289
f.+�46