03-898Council File # V 3-�`l�
Ordinance #
Green Sheet # 3 bD � ��o
Presented By
Referred To
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Committee: Date
2 An ordinance to amend Saint Paul Legislative
3 Code Chapter 412A to require adult massage
4 parlor owners to apply for an environmental
5 plan review and pay a fee for new construction
6 and/or remodeling of the facility as well as
7 provide for change of ownership inspection
8 and fees.
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 412A.02 of the Saint Paul Legislative Code is hereby amended to read as foflows:
Sec. 412A.02 Definitions.
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As used in this chapter, the terms defined in this section shall have the following meanings ascribed to them:
Adeguate or approved means acceptable to the director,
following his or her determination as to conformance with public health practices and standards contained in
existing health, building, housing, fire, food protection, or other applicable codes.
Adult massage parlor, as defined in section 60.201 of this Code.
Adult use, as defined in section 60.201 of this Code.
Chan e�of ownership means a licensed business is sold or transfened to another �erson, business or
corporation. A chanQe of ownership, as it ralates to an environmental plan review, does not include the
chaneing or addin� of officers to an existin¢ oartnership or corporation or chanee of a mailin� address.
Director, means the director of the environmental health section of the city office of license, inspections and
environmental protection (LIEPI or his/her desienated a�ent.
28 Massage means any method of applying pressure on, or friction against, or rubbing, stroking, kneading,
29 tapping or rolling of the externai parts of the human body with the hands or with the aid of any mechanical
30 or electricai apparatus, appliance or device with or without such supplemental aids as rubbing (isopropyl)
31 alcohol, liniment, anfiseptic oil, powder, cream, lotion, ointment or other similar preparation. The pracrice of
32 massage shall not include and is distinct from the practice of inedicine, surgery, osteopathy, chiropractic,
33 physical therapy or podiahy. Persons duly licensed or registered to practice medicine, surgery, osteopathy,
34 chiropractic, physical therapy or podiatry, and nurses who work under the direction of such persons, are
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1 hereby expressly excluded from the requirements of this chapter, provided the massage is administer�e�in��
2 the regular course of a prescribed ar authorized medical treatment and not provided as part of a separate and
3 distinct massage business. Beauty culturists, bazbers and cosmetologists who do not give, or hold themselves
4 out to give, massages other than those customarily given in such shops or places of business for the purposes
5 of beautification only, and persons who give massages only incidentally to their general occupations and
6 receive no compensation specifically for giving massages, shall also be excluded from the provisions of this
7 chapter.
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Adult massage therapist, means a person who practices massage as defined herein in an adult massage
pazlor.
Obscene and obscene worl� as defined in Chapter 274 of this Code.
Remodel, means anv reconstrucrion, alteration or repair that requizes structural, plumbine, mechanical and/or
electrical permits: chanein¢ the location of walls: expandine the area of the facility: substantially chan�
or expandine the character of the business. Remodel does not include replacing a niece of eyuipment with a
like piece of equipment; re�lacing wall, floor or ceiline finishes; repositionin�quipment: providin�
e�pment that does not sienificantiv alter the character of the business. The director shall have discretion in
determinin¢ when this secfion applies.
(C.F. No. 93-1644, § 17, 12-30-93)
Section 2
Section 412A.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412A.03. Fee.
The required fee for an adult massage parlor license alon� with the fees for an environmental nlan review
and chanee of ownership review shall be established by ordinance as specified in section 310.09(b) and
310.18 of the Legislative Code. A separate license shall be obtained for each place of business. Only one (1)
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 ]icensed premises at ail times. A license, unless revoked, is for a period of twelve
(12) months.
(C.F. No. 93-1644, § 18, 12-30-93)
Section �
Sec6on 412A.08 of the Saint Paul LegisTative Code is hereby amended to read as follows:
37 Sec. 412A.08. Submission of plans and specifications.
38 (al Environmental plan review reguired. A person shall not beQin to construct, extensivelv remodel, or alter
39 an adult massa�e nazlor until the director has reviewed and approved the plans and snecifications required
40 by this subsection. The adult massaee pazlor shall be constructed and finished in conformance with the
41 approved nlans. The director ma�inspect the adult massaee nazlor as frequentiv as deemed necessarv durine
42 construction to ensure that construction occurs in conformance with this chanter. The director shaiT conduct
43 a final inspection prior to the start Qf operations and issuance of an a�proved license. If work has
44 commenced prior to approval of plans when required, the director mav issue arders to halt the construction.
45 extensive remodelin�, expansion, or alteration, or may issue orders, includinQ demolition or removal, if
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1 reasonablv necessaryto determine compliance with the standards of this chapter- �3'�
2 b� Ali persons who hereafter construct, extensiroeiy7emodel or convert buildings or facilities for use as a
3 massage center shall conform and comply in their construction, erection or alteration with the requirements
4 of this chapter. Two (2) copies of plans and specifications for such layout, arrangement, and plumbing and
5 construction materials of the massage azeas, and locations, size and type of equipment and facilities shall be
6 filed by the owner to LIEP. The plans will be reviewed and retained by the environmental protecfion and
7 building inspecrion and design sections of LIEP. A building permit shall not be issued for any such
8 construction, remodeling or alteration until such permit shall have the approval of the
9 director or his/her agents.
10 (C.F. No. 9�-1644, § 23, 12-30-93)
II
12 Section 4
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14 Section 412A.10 of the Saint Paul Legislative Code is hereby amended to read as follows:
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16 Sec. 412A.10. Inspection by city officers and identification of employees.
17 � During any hours in which any person is present on the licensed premises, all adult massage pariors shall
18 be open to inspection by city environmental health, fire, zoning, building and license inspectors, and police
19 officers. Upon demand by any police officer, any person engaged in providing services in any licensed
20 premises sha11 identify himself/herself giving his/her true legal name and his/her correct address.
21 (bl Chanee o ownership review reguired. Upon a chanee of ownership of an adult massa�pazlor, the
22 director shall conduct a change of ownershi�review of the premises to determine compliance with the
23 requirements ofthis chapter.
24 (C.F. No. 93-1644, § 25, 12-30-93)
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Section 5
Section 412A.11 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412A.11. Rules and regulations; environmental health director may promulgate.
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The director ay, upon notice and hearing, promulgate such rules as he or she
deems necessary to cazry out the provisions and purposes of this chapter, to protect the public health and to
provide for safe and sanitary operation of massage equipment. Notice of promulgation of such rules and the
hearing date shall be given to all iicensees and notice of the hearing date published once in the legal
newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be
received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such
hearing when filed in the office of the city clerk. Violations of such rules sha11 be sufficient grounds for
adverse action against licenses issued under this chapter.
(C.F. No. 93-1644, § 26, 12-30-93)
Section 6
This ordinance shall take effect and be in full force thirty (30) days following its passage, approval and
publication.
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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I Departrne'rt/office/wunciL , Date Initiated: �
� � -L;��pe�o�n�;ron�t 18-SEP-03 Green Sheet NO: 3005461
,
Corrtact Perso� & Phofre• Deoartrnent Serk To Person Initi�
I Virginia Palmer � 0 icen elins tioo/Environ Pro �
' 26E8710 pu�yn 1 'N Attornev I
Must Be on Council Agenda by (Date): Number Z a or's Office {
I S For — I
Routing 3 ouncil
i Orde� 4 avor's Office
5 iri Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of an ordinance requiring adult massage pazlor owners to apply for an environmental plan review and pay a fee for new
construction and/or remodeling of the facility as well as provide for change of ownership and inspection fees.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this parson/firm ever worked under a contract for this depadment? �
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
• Yes No
3. Does this personlfirm possess a skill not normalty possessed by any
current ciry employee?
Yes No
� ' Explain all yes answers on separate sheet and attach to green sheet
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why);
This proposal is part of Mayor Ke1Ty's 2004 Proposed Budget for LIEP. Currently, the Environmental Health Section does not collect
fees for the extra work involved in conducting plan review activities. The time required for this activity is extensive.
AdvantapeslfApproved:
LIEP will be able to xecoup reasonable costs necessary to conduct "enviommental health plan review activities.
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Disadvantages If Approved: `
None.
Disadvantages If Not Approved: '
� Plan review activiues for adult massage pazlors will not be funded.
. Total Amount of CosURevenue Budgeted: n
Trensaction: .fi6a�ne¢9 f�sa¢n�CC�I �P,.fL�
Fundinp Source: ActivitV Number:
Financial lnformation: SEP � 9 2Oi8J I
(F�cplain)
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