08-1012Substitute 10/15/08 CouncilFile# 08-1012
Green Sheet# 3058940
ORDINANCE
,�� � CITY OF SAINT PAUL, MINNESOTA �"�
Presented by
1 3` SUBSTITUTE
2 An Ordinance Amending Chapter 427 of "I'he Saint Paul Legislative Code To
3 Outiine Requirements for Exercise Only Health Clubs.
4
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
7 Section 1
8 Section 427.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
9
10 Sec. 427.02. Definitions.
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12 As used in this chapter, the terms defined in this section shall have the following meanings ascribed to
13 them:
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15 Adeguate or approved means acceptable to the director er-agex�s of the �
16 depariment of safetv and inspections following director's determination as to conformance with public
17 health practices and standards.
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19 Exercise onlv facilitv means a health/sport club that orovides onlv fitness equiroment and restroom/shower
20 facilities but no other facilities such as saunas, steam rooms, hot tubs and massaee facilities. All members
21 of the exercise onlv facilitv shall have access to the entire facilitv and there shall not be separate access to
22 facilities for different levels of inembership.
23
24 Health/sport club means a building or portion of a building designed and equipped for the conduct of
25 sports, exercise, leisure time activities or other customary and usual recreational activities, operated for
26 profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or
27 open to the public for a fee.
2$
29 Section 2
30
31 Section 427.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
32
33 Sec. 427.06. Adverse action; grounds for suspension, revocation or denial.
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35 The city council may consider the taking of adverse action regarding a license application or licensed
36 business as set forth in this section, and in conformity with the procedures required by section 310.05 of
37 this Legislative Code; provided, however, that the council shall not consider as grounds for such adverse
38 action any activity on the part of the applicant or licensee, which activity is protected by the provisions of
39 the Constitutions of the United States or of the State of Minnesota.
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41 (1) It shall be grounds for denial of the application if the applicant or persons in his employ are not
42 complying with or have a history of violations of the laws and ordinances that apply to public health, safety
43 or morals.
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(2) It sha11 be �ounds 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,
which conviction may be used for that purpose under Minnesota Statutes, Chapter 364.
(3) 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.
54 (4) An appfication may be denied or a license may be suspended or revoked if the presence of such
55 establishment is found to be detrimental to the health, welfare or safety of the citizens of the City of Saint
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Paul.
(5) A license may be denied or a license may be suspended ar revoked upon evidence of a materiai
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 or of the facilities when initially licensed without prior approval of
the city council.
(6) 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.
(7) 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.
(8) It shall be grounds for suspension or revocation of the license if the licensee, owner, lessee or
manager of the health/sport club fails to comply with any of the ordivances of the City of Saint Paul or
statutes of the State of Minnesota pertaining to the licensed premises.
(9) It shall be grounds for the suspension or revocation of the license if the licensee ar 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 ar controlled substances on the premises, possession of
which is illegal under city ordinance or state law.
(10) It sha11 be grounds for the denial, suspensiou or revocation of the license if the licensee, owner,
lessee, manager or employee has evidenced in the past willful disregazd for the health, housing, zoning,
building and/or fire codes and regulations.
(11) 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 department of
safety and inspections to inspect the premises ar operations during normal business hours.
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86 (12) It shall be grounds for the denial, suspension or revocation of a license if the licensee or any of its
87 employees are found to be in violation of the provisions of this chapter.
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89 (13) It shall be grounds for the denial, suspension ar revocarion of the license of any adult healthlsport
90 club if any employee is under eighteen (18) years of age.
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(14) If adverse action is taken against an exercise onl facility for failure to complv with 427.07 {131,
the Council mav impose a license condition requiring on-site staffine durina all hours of oneration. Such a
license condition shall not be considered a deviarion from the,penaltv matrix under Section 310.05(ml of
the le�islative code.
(I5� NotwithstandinQ the penalty matrix under Section 310.05(ml of the legislative code the
presumptive ev naltv far an exercise onlv facilitv in which prostitution activitv takes place is license
revocation.
Section 3
103 Section 427.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
104
105 Sec. 427.07. Construction, maintenance and staff requirements.
106
107 The following xequirements shall apply to the construction, maintenance and staffing of the licensed
108 premises:
109
110 (1) All sauna rooms, restrooms and bathrooms used in connection with the licensed premises sha11 be
ll 1 constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor-to-
112 wall and wail-to-wall joints shall be constructed to provide a sanitary cove with a minimum radius of one
113 (1)inch.
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115 ***
116 (11) No exercise equipment sha11 be used unless there is assigned at a11 times an employee on duty which
117 is trained to give advice on the safe use and operation of said equipment. The staff inember on dutv must
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be on the,premises.
(12) At least one (1) employee or manager, trained and qualified in first aid, � CPR and use of an AED
according to standards established by rule by the department of safety and inspections shali be on duty at
a11 times that the licensed premises are in operation or open to members or the public. Such standards shall
be in conformity with standards and guidelines established by the American Red Cross with respect to
water safety instructors or by the American Heart Association for similar purposes. The staff inember on
dutv must be on the premises.
(131 Excention to on duty staffinQ rule. An exercise only facilitv mav onerate without a staff inember on
the premises as re uc� ired b�para anh (11 and (121 above under the followin¢ conditions•
a. The exercise onlv facility must be on the Qround level of a commercial or traditional
neighborhood zoned buildinQ The space within the buildine must be at least 500 square feet with at least
seventv-five (75) square feet of extemal windows that allow passers bv licensing officials and police to
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see clearlv into the buildine and allow members to easily see outside the facilit�T`he facility shall have at
least ten 10 cardiovascular exercise machines includinQ but not limited to treadmills, elliptical trainers
and stationarv bicvcles; and at least ten (10� strength training machines.
b. All members of the exercise onlv facili� must be advised and sien an acknowled eg ment
that thev have been advised that a staff inember is not always present durin� hours of operation. These
acknowledgements shall be retained bv the exercise onlv facilitv and available to the department of safety
and inspections upon request.
c. The exercise onlv facilitv shall maintain and operate an access monitoring system that
records the name, date and time that members enter the facility. This record shall be made r�ardless of
whether the facilitv is staffed This recard shall be maintained for a,period of at least 90 davs and made
av_ailable to the denartment of safetv and inspections or the Saint Paul Police Department upon request.
d. The exercise onlv facilit�provide at least one automatic electronic defibrillator (AEDI
on the nremises. In addition, the facilit.y must offer certification for use of the AED CPR and first aid free
of charqe to members of the facilitv at least three (31 times oer year.
e. Exercise onlv facilities must have personal security devices caoable of being worn around a
member's neck that is connected to a security companv twenty-four (2� hours a day that will result in
immediate notification ofpolice and/or other emergencv services. That securitv companv sha11 have
access to video surveillance from the club so the nolice can be notified of what caused the alarm and can
better be able to send anpropriate he1p. Exercise onlv facilities must post notification to members in a
conspicuous location near the doar to the facility and within view of the fimess equipment that a11 members
of the facility who are alone in the facilitv must wear a�ersonal securitv device at all rimes.
£ The exercise onlv facilitv shall have a workinQ video surveillance svstem to rv ovide
documentation of all activities on the interior of the facilitv (excludin� locker rooms rest rooms and
tannine facilirias) and the exterior of the facilitv includin�the parkine lot within 50 feet of the entrance to
the facility. If Saint Paul Police determine a preferred placement far cameras licensee shall osn ition
c_ameras as directed bv Saint Paul Police. Recordin¢s must be retained for 90 davs and made available to
the Saint Paul Police Denartment or the department of safet�and inspections immediatelv unon request In
addition the Saint Paul Police Department and department of safetv and inspections shall be nrovided
electronic access to the surveillance svstem in arder Yo monitor actions on the nremises in live time
e. All external doors to the fitness only facilitv shall be equivped with taileating alarms All
tailQatinQ alarms shall be reported to the De�artment of Safety and Inspections along with the time and
circumstances of the alarm.
h. All internal doors shall be ecLuipned with a warkine video surveillance system which
documents and records any person(s) enterine and leaving all internal doors to the fitness onlv facili�
includiny, but not limited to restrooms. shower rooms and tanning faciliries Any instances in which more
than one verson enters a room within the facility not monitared bv internal surveillance cameras shall be
re�orted to the Department of Safetv and Inspections alon� with the time and circumstances of the
in cident
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�t�il s:,,.e,...«7........ �a,.rF....o.,,l.o«:,. e ,..r
i. The exercise onlv facilitv shall contain onlv the followin� rooms:
1. One laree room containine all £hies� �auiDment.
2. At least one locker rooxn(restroom for female roatrons and at least one locker
roomlrestroom far male roatrons
3. No more than one office area in which all interior walls are made un of at least 50%
clear elass and a door made un of at least 90% Qlass with no window treahnent or
other Qlass treahnent that obstructs the view of the office in anv wav. The door to the
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office shall be locked at all times unless an emolovee is inside the office. Anvtime
v nerson is inside the office, the liehts to the office shall be on.
4. No more than two rooms containine tam�ine eauiroment as defined bv section 380.03
of the Saint Paul Leeislative Code. The tamiine rooms shall be locked at all times
unless a staff inember is nresent inside the facilitv and nerformine the duties
r uued bv Minn. Stat. 8 325H. Members of the exercise onlv facilitv shall not
h ve access to tannine eauinment or rooms contanune taunin¢ eauiDment unless a
staff inember is bresent.
5. A ianitor's closet as reauired under (31 of this section. 3anitor's closets in exercise
onlv facilities shall be locked at ali times unless an emnlovee or Derson hired bv the
exercise onlv facilitv is nerformin¢ ianitorial services. Members of the exercise onlv
facilitv shall not have access to the ianitor's closet at anv time for anv reason
j. The exercise onlv facility shall notif}� the Deparhnent of Safetv and Inspections of the
designated staff hours for each club Staffed hours shall be cons icuously posted on the entrance to the
heaith club.
k. The exercise onlv facilitv shall not allow members to bring �uests into the facilitv during
hours that the facility is not staffed. During all non-staffed hours every person enterinQ the facilitv shall
be required to individually unlock the entry doors in order for the monitoring svstem to record that
member's entrv.
Section 4
199 Section 427.11 of the Saint Paul Legislative Code is hereby amended to read as follows:
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201 Sec. 427.11. Unlawful acts.
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203 It shall be unlawful for:
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205 (1) Anyone to engage in, conduct or carry on a healthlsport club without a valid license issued pursuant
206 to this chapter.
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(2) Any person in a licensed 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.
(3) Any person owning, operating or managing a licensed establishment lrnowingly to cause, allow ar
pernut in or about such licensed establishment any agent, employee, or any other person under his or her
control or supervision to perform such acts prohibited in subparagraphs (1) and (2) of this section or any
obscene act.
216 (4) Anv health club, including an exercise only facility to allow a patron who has violated paragraph
217 two (2) above, any sunilar law, or committed anv obscene act inside a health club or exercise only facility
218 to remain a member of the health club or exercise on� facilitv
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Section 6
226 This Ordinance shall take effect and be in force thirry (30) days following its passage, approval and
227 publication.
PUBL1Sti��
��T 2 � ZDDS
Requested by Department of:
By:
Approved by the Office of Financial Services
By:
Appro by Ciry Attomey
BY: 1,,,,�.'�i�,� l � l�• ov
Approved by Mayor for Submis on to Council
Adoprion Certified by Couc �1 Secretazy gy_
B y: , • r l 2 ?llBLiSHE�
a y Y or: Dare IO zZ OCT 2 i 20��
sy:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
U�'l�/o
Departmen8office/council: Dete InitieteU:
SI �DcptofSafcry&Inspecnons 02-SEP-08
ConWct Person & Phone: �
Bob Kessler
26G9013 Assign
Must Be on Council Agenda by (Date): Number
For
Green Sheet NO: 3058940
Deoartment � � Sent To Person � � InitiaVDate
0 Dept of Safey & Ins�ections _ � _ _ _ __ _ _ _
I Dept, ofSafery & Ipspeceons ._ _ Degartmen[ Dlrector ____ ._
2 CitvAttor�'—'--'_ _.__-- --'___—_ ---'—_—
— --_
___'—'__—___"- __'___—'
-� � �- � - — — -- -- — --- ---- Routmg 3 Mayor's Office Ma �o dAcsistant �
Doa Type: ORDINANCE Order � — ---- -- --� �-- — �
4 Council
__ . '_ _ _— __ —'_'___ —_—'_— . _. _ —"—'—_
_ _ `_ —_ `_ _._'__'- __'— _—___'_— — _'— _ _' _
_ _ __ _ _ __
E-Document Required: Y 5 City Clerk, ,_ CitYClerk ____., __ _
DocumentCOnWCt: RobertHumphrey
Contad Phone: 266-9723
_-_ __ _� - __ —__.__ _ _ _ _ _ _ _ _ _ _ _ _ ._ _ _ -_._____ — __ —__ _- __
Total # of Signa[ure Pages _(Clip All Locations for Signature)
_ _ _ _'-._ _ ____._- _. _________ -.__ — _-._ _- -__
_—'_ ' _ _ .___ _ __ __-____'_
� Action Requested:
Approval of an Ordinance amending Chapter 427 of the Saint Pau] Legislative Code to outline requirements for exercise only health
clubs.
'------- �- - - - - -- - -- - - -- — - - -- --- - - - ---- -- --- — -
Recommenda4ons: Approve (A) or Reject (R): � personal Service Controcts Must Answer the Folbwing Questions: � I
, Planning Commission � 1. Has this person/firm ever worked under a contract for this department? �
, CIB Committee Yes No ,
', Civil Service Commission 2. Has this persoNfirm ever been a ciry employee? ,
�' �I Yes No '
, 3. Does this persoNfirm possess a skill not normally possessed by any '�
, , cufrent city employee? I
� Yes No
' Explain al� yes answers on separate sheet and attach to green sheet ���
i _ _ _ _ . _ ..__ _ _.___ . _ ___ __ ____ _ ._____—._____ _- _______.__ __�_ _ —__ __ —__ _ . _ . __ - _—_i
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): I
Nationwide un-attended health c(ubs have sprouted up in droves. Saint Paul Legislative Code does not allow this business model.
The Bwiness Review Council, after full consideration, unanimously endorses appmval of ffiis Ordinance. '�,
---- - --�-- — - ---- ----- - ---- -- -
�, Advantages If Approved: �
DisadvantagesifApproved: �
I Dlsadvantages If Not Approved:
Totai Amount of
Tra�saction:
Fuading Source:
Financial information:
(Exptain)
—_ _. _ _ — _. _ -
__ __.__ _ __ -_ __ _ . - .. _ __
Cost/Revenue Budgetetl:
Activity Number:
__._— _—
__—_._ —. _ _ _ _-- I
��6,.���@l�P� .
_ -._— � ---- -- --— ------���G2-�Q�i�.- _�
t � -�� �. ,�.. �.
September Z, 200812:32 PM Page 1
Substitute 10(Ol/08
Presented by \ �
Council File # 08-1012
Green Sheet # 3058940
ORDINANCE
SAINT PAUL, MINNESOTA
1 2 SUBSTITUTE
2 An Ordinance Amending Chapter 427 of The Saint Paul Legislative Code To
3 Outline Requirements for Exercise Only Aealth Clubs.
4
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
7 Section 1
8 Section 427.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
9
10 Sec. 427.02. De�nitions.
11
12 As used in this chapter, the terms defined in this section shall have the following meanings ascribed to
13 them:
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Adequate or approved means acceptable to the director e�-age��s of the �
department of safety and inspections following director's determination as to conformance with public
health practices and standards.
Exercise only facility means a health/sport club that provides onlv fitness equipment and restroom/shower
facilities but no other facilities such as saunas, steam rooms, hot tubs and massaee facilities. All members
of the exercise onlv facilitv shall have access to the entire facility and there shall not be sepazate access to
facilities for different levels of inembershin.
Health/sport club means a building or portion of a building designed and equipped for the conduct of
sports, exercise, leisure time activities or other customary and usual recreational activities, operated for
profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or
open to the public for a fee.
Section 2
31 Section 427.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
32
33 Sec. 427.06. Adverse action; grounds for suspension, revocation or denial.
34
35 'The city council may consider the taking of adverse action regarding a license application or licensed
36 business as set forth in this section, and in conformity with the procedures required by section 310.05 of
37 this Legislarive Code; provided, however, that the council shall not consider as grounds for such adverse
38 action any activity on the part of the applicant ar licensee, which activity is protected by the provisions of
39 the Constitutions of the United States or of the 3tate of Minnesota.
40
os-ioi2
41 (1) It shall be grounds for denial of the application if the applicant or persons in his employ are not
42 complying with or have a history of violations of the laws and ordinances that apply to public health, safety
43 or morals.
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(2) 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 andlor occurring on the licensed premises, of any law,
which conviction may be used for that purpose under Minnesota Statutes, Chapter 364.
(3) 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 ofMinnesota.
(4) 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.
(5) A license 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 or of the facilities when initially licensed without prior approval of
the city council.
(6) Licenses may be � only to establishments which can meet Yhe requirements of the health,
housing, building, fire and zoning code regulations of the City of Saint Paul and State of Minnesota.
(7) It shall be grounds far denial, suspension or revocation of the license if there is any fraud or
deception involved in the license application or license renewal.
(S) It shall be grounds for suspension or revocation of the license if the licensee, owner, lessee ar
manager of the health/sport club fails to comply with any of the ordinances of the City of Saint Paul or
statutes of the State of Minnesota pertaining to the licensed premises.
(9) It shall be grounds far the suspension or revocation of the license if the licensee ar 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.
(10) 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 andlor fire codes and regulations.
(11) It shall 6e grounds fox the denial, suspension or revocation of the license if any afotementioned
person or persons shail refuse to permit any police officer or inspector employed in the department of
safety and inspections to inspect the premises or operations during normal business hours.
os-ioi2
86 (12) It shall be grounds for the denial, suspension or revocation of a license if the licensee or any of its
87 employees are found to be in violation of the provisions of this chapter.
88
89 (13) It shall be grounds for the denial, suspension or revocation of the license of any adult health/sport
90 club if any employee is under eighteen (18) years of age.
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(14) If adverse action is taken a¢ainst an exercise onlv facility for failure to com�ly with 427.07 (13
the Council mav imnose a license condition requirin� on-site staffina during all hours of oneration. Such a
license condition shall not be considered a deviation from the penaltv matrix under Section 310.05(m) of
the leeislative code.
(15) Notwithstandin� the penaltv matrix under Section 310.05(m� of the le�islative code the
presumptive penalty for an exercise onlv facilitv in which prostitution activitv takes place is license
revocation.
Section 3
103 Section 427.07 of the 5aint Paul Legislative Code is hereby amended to read as follows:
104
105 Sec. 427.07. Construction, maintenance and staff requirements.
106
107 The following requirements sha11 apply to the construction, maintenance and staffing of the licensed
108 premises:
109
110 {1) All sauna rooms, restrooms and bathrooms used in connection with the licensed premises shall be
111 constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor-ta-
112 wall and wall-to-wall joints shall be constructed to provide a sanitary cove with a minimum radius of one
113 (1)inch.
114
115 ***
116 (11) No exercise equipment shall be used unless there is assigned at all times an employee on duty which
117 is trained to give advice on the safe use and operation of said equipment. The staff inember on dutv must
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be on the premises.
(12) At least one (1) employee or manager, trained and qualified in first aid, axd CPR and use of an AED
according to standards established by rule by the department of safety and inspections shall be on duty at
all times that the licensed premises aze in operation or open to members or the public. Such standards shall
be in conformity with standards and guidelines established by the American Red Cross with respect to
water safety instructars or by the American Heart Association for similar purposes. The staff inember on
dutv must be on the premises.
(13) Exception to on dutv staffing rule. An exercise only facilitv may onerate without a staff inember on
the nremises as reauired bv parag�aph (l l�and (12) above under the following conditions�
a. The exercise onlv facilitv must be on the ground level of a commercial or tradirional
neiehborhood zoned buildine. The space within the buildine must be at least 500 square feet with at least
seventv-five (75) square feet of extemal windows that allow nassers by licensine officials and police to
as—ioiz
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see clearlv into the buildin�and allow members to easilv see outside the facility. The facility shall have at
least ten (101 cardiovascular exercise machines including but not limited to treadmills, elliptical trainers
and stationarv bicvcles: and at least ten (10) streneth trainine machines.
__ b. All members of the exercise onlv facilitv must be advised and si� an acknowledgement
that thev have been advised that a staff inember is not alwavs_present during hours of operation. These
acknowled�ements shall be retained bv the exercise onlv facilitv and available to the department of safetv
and inspections upon request.
__ c. The exercise onl.y facilitv shall maintain and ouerate an access monitoring svstem that
records the name, date and time that members enter the facilitv. This record shall be made re�ardless of
whether the facilitv is staffed This record shall be maintained for a period of at least 90 davs and made
available to the deparhnent of safetv and insbections ar the Saint Paul Police Department upon reauest
d. The exercise only facilitv must provide at least one automatic electronic defibrillator (AED�
on the premises. In addition, the facilitv must offer certification for use of the AED CPR and first aid free
of char�e to members of the facility at least three (3� times�er vear.
e Exercise onlv facilities must have �ersonal securitv devices capable of being worn around a
member's neck that is connected to a securitv companv twent -fy our (24) hours a dav that will result in
immediate notification of police and/or other emereency services. That security companv shall have
access to video surveillance from the club so the police can be notified of what caused the alann and can
better be able to send appropriate heln Exercise only facilities must vost notification to members in a
conspicuous location near the door to the facilitv and within view of the fitness equinment that all members
of the facilitv who are alone in the facilitv must weaz a personal securitv device at all times
f. The exercise onlv facility shall have a working video surveillance system to_provide
documentation of all activities on the interior of the facility�excluding locker rooms rest rooms and
tannine facilities) and the exterior of the facility including the narking lot within 50 feet of the entrance to
the facilitv. If Saint Paul Police determine a�referred nlacement for cameras licensee shall position
cameras as directed by Saint Paul Police. Recordin�s must be retained for 90 days and made available to
the Saint Paul Police Denartrnent or the denarhnent of safetv and inspections iinmediatelv uUOn request In
addition the Saint Paul Police Department and depariment of safety and inspections shall be provided
electronic access to the surveillance system in arder to monitor actions on the premises in live time
e. All extemal dooxs Co the fitnes only facilitv shall be equipped with tailgatingalarms All
tail ating alarms shall be re�ported to the Depamnent of Safety and Inspections along with the time and
circumstances of the alann.
h. All internal doars shall be e uipped with a working video surveillance svstem which
documents and recoYds anYperson(sl enterin� and leaving all internal doors to the fitness onl f�acilit_y
includinE but not limited to restrooms shower rooms and tannin� facilities Anv instances in which mare
than one nerson enters a room within the facility not monitared bv intemal surveillance cameras shall be
reported to the Department of Safetv and Insnecrions alon¢ with the time and circumstances of the
incident. Anv office ar other space within the facilitv other than restrooms or locker rooms shall be locked
at a11 times unless a staff inember is present.
i. The exercise onl f� acility shall notify the Department of Safetv and Insnections of the
desi�ated staff hours for each club. Staffed hours shall be conspicuouslv posted on the entrance to the
health club.
i. The exercise onlv facilitv shall not a11ow members to bring into the facility during
hours that the facilitv is not staffed. Durine all non-staffed hours everv person enterin¢ the facilit,y shall
be reauired to individually unlock the entrv doors in order for the monitorine system to record that
member's enlrv.
os—ioiz
178 Section 4
179
180 Section 427.11 of the Saint Paul Legislative Code is hereby amended to read as follows:
181
182 Sec. 427.11. CTnlawful acts.
183
184 It shall be unlawful for:
185
186 (1) Anyone to engage in, conduct or carry on a health/sport club without a valid license issued pursuant
187 to this chapter.
188
189 (2) Any person in a licensed establishment to place his ar her hands upon, or to touch with any part of
190 his or her body, or to fondle in any manner, ar to massage, the genital azea of any other person.
191
192 (3) Any person owning, operating or managing a licensed establishment knowingly to cause, allow or
193 permit in or about such licensed establishment any agent, employee, or any other person under his or her
194 corYtrol or supervision to perform such acts prohibited in subparagraphs (1) and (2) of this section or any
195 obscene act.
196
197 (4) Any health club includin� an exercise onlv facilitv to allow a patron who has violated_para�raph
198 two (2) above, any similar law, or committed any obscene act inside a health club or exercise onlv facility
199 to remain a member of the health club or exercise onl fv acilit�
200
201
202 Section 5
203
204 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
205 publication.
Yeas Nays Absent
Bostrom
Carter
Hanis
Helgen
Lanhy
Stark
Thune
Adopted by Council: Date
Adoprion Certified by Council Secretary
By:
Approved by Mayot: Date
By:
Requested by Department oE
By:
Approved by the Office of Financial Seroices
By:
Appro Ci Atto�
By:
Approved by Mayor for Submissio to Council
By:
Substitute - 9/17(08
Council File # 08-1012
Green Sheet # 3058940
ORDINANCE
OF
Presented by
PAUL, MINNESOTA
1 SUBSTITUTE
2 An Ordinance Amending Chapter 427 of The Saint Paul Legislative Code To
3 Qutline Requirements for Exercise Only Health Clubs.
4
5
6
7
THE COUNCIL OF THE CITY OF SAINT PAUL AOES ORDAINs
Section 1
Section 427.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
9
10 Sec. 427.02. Definitions.
11
12 As used in this chapter, the terms defined in this section shall have the following meanings ascribed to
13 them:
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Adequate or approved means acceptable to the director e�-age�s of the '
department of safetv and insvections following director's determination as to conformance with public
health practices and standards.
Exercise onlv faciliry means a health/sport club that provides only fitness equinment and restroom/shower
facilities but no other facilities such as saunas, steaxn rooms hot tubs and massage facilities All members
of the exercise onlv facllitv sha11 have access to the entire facility and there shall not be se�arate access to
faciliries for different levels of inembership.
Health/sport club means a building or portion of a building designed and equipped for the conduct of
sports, exercise, leisure time activities or other customary and usual recreational activities, operated for
profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or
open to the public for a fee.
Section 2
31 Section 427.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
32
33 Sec. 427.06. Adverse action; grounds for suspension, revocation or denial.
34
35 The city council may consider the taking of adverse action regarding a license application or licensed
36 business as set forth in this section, and in conformity with the procedures required by section 310.05 of
37 this Legislative Code; provided, however, that the council shall not consider as grounds for such adverse
38 acfion any activity on the part of the applicant or licensee, which activity is protected by the provisions of
39 the Constiturions of the United States ar of the State of Minnesota.
40
�
�-{5'0�
n�-(o(�
41 (1) It shall be grounds for denial of the application if the applicant or persons in his employ are not
42 complying with or have a history of violarions of the laws and ordinances that apply to public health, safety
43 or morals.
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45
46
47
48
49
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53
(2) It shall be grounds £or 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 andJor occurring on the licensed premises, of any law,
which conviction may be used for that purpose under Mianesota Statutes, Chapter 364.
(3) It shall be grounds for suspension or revocation of any license granted under this chapter if the
premises do not comply with the healtt�, housing, fire, zoning and building regulations of the City of Saint
Paul and State of Minnesota.
54 (4) An application may be denied or a license may be suspended or revoked if the presence of such
55 establishment is found to be detrimental to the health, welfare or safety of the citizens of the City of Saint
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Paul.
(5) A license 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 or of the facilities when initially licensed without prior approval of
the ciry council.
(6) 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.
(7) 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.
(8) It shall be grounds for suspension or revocation of the license if the licensee, owner, lessee or
manager of the health/sport club fails to comply with any of the ordinances of the City of Saint Paul or
statutes of the State of Minnesota pertaining to the licensed premises.
(9) 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.
(10) Tt 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 andlor fire codes and regulations.
(11) 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 deparhnent of
safety and inspections to inspect the premises or operations during normal business hours.
f `
a'l�''Ob
p�-1 b1 a-
86 (12) It shall be grounds for the denial, suspension or revocation of a license if the licensee or any of its
87 employees are found to be in violation of the provisions of this chapter.
88
89 (13) It shall be grounds for the denial, suspension or revocation of the license of any adult healthlsport
90 club if any employee is under eighteen (18) years of age.
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102
(14) If adverse action is taken aQainst an exercise onlv facilitv for failure to comply with 427.07 13Z
the Council may impose a license condition requiring on-site staffine durin¢ all hours of operation. Such a
license condirion shall not be considered a deviation from the penaltv matrix under Section 310.05(m) of
the leeislative code.
S15) Notwithstandin� the penalty matrix under Section 310.05(mZf the le¢islative code the
nresum tive penalty for an exercise only facility in which prostitution activitv takes place is license
revocation.
Section 3
103 Section 427.07 of the Saint Paul Legislative Code is hereby amended to read as foliows:
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109
110
111
112
113
114
115
Sec. 427.47. Construction, maintenance and staff requirements.
The following requirements shall apply to the construction, maintenance and staffing of the licensed
premises:
(1) All sauna rooms, restrooms and bathrooms used in connection with the licensed premises shall be
constructed of materials wluch 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
(1) inch.
�**
116 (11) No exercise equipment shall be used unless there is assigned at a11 times an employee on duty wkuch
117 is trained to give advice on the safe use and operation of said equipment. The staff inember on dutv must
118
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131
be on the premises.
(12} At least one (1) employee ar manager, trained and qualified in first aid, a� CPR and use of an AED
according to standards established by rule by the department of safety and inspections shall be on duty at
all times that the licensed premises aze in operation or open to members ar the public. Such standards shall
be in conformity with standards and a idelines established by the American Red Cross with respect to
water safety instructors or by the American Heart Association for similar purposes. The staff inember on
duty must be on the premises.
(13 Exception to on dut� staffin¢ rule An exercise onlv facility may operate without a staff inember on
the nremises as re uired bv para�aph (11) and (12) above under the following conditions•
a. The exercise onl facility must be on the �round level of a commerciallv zoned building
The space within the buildin� must be at least 500 sauare feet with at least seventy-five (75) square feet of
external windows that allow passers bv licensin� officials and police to see clearly into the buildin� and
��
bg� /�( a-
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allow members to easilv see outside the facility. The facilitv shall have at least ten (10) cardiovascular
exercise machines includine but not lunited to treadmills, elliptical trainers and stationarv bicvcles; and at
least ten (10) strenQth training machines.
b. All members of the exercise onlv facility must be advised and si�n an acknowledgement
that thev have been advised that a staff inember is not alwavs present durine hours of o�eration. These
acknowledgements shall be retained bv the exercise only facility and available to the department of safetv
and inspections upon request.
__ a The exercise onlv facilitv shall maintain and operate an access monitoring svstem that
records the name, date and time that members enter the facility. This record shall be made regardless of
whether the facility is staffed This record shall be maintained for a period of at least 90 davs and made
available to the denarhnent of safety and inspections or the Saint Paul Police Department upon request.
d. The exercise onlv facilitv must nrovide at least one automatic electronic defibrillator (AED)
on the premises. In addition, the facility must offer certificarion for use of the AED, CPR and first aid free
of charge to members of the facilitv at least thre�3) times per veaz.
e. Exercise onlv facilities must haue personal securitv devices capable of bein�wom around a
member's neck that is connected to a securitv companv twenty-four (24) hours a dav that will result in
immediate notification of police and/or other emerQencv services. That securitv com�any shall have
access to video surveillance from the club so the police can be notified of what caused the alarm and can
better be able to send anpronriate help. Exercise only facilities must post notification to members in a
consnicuous location near the door to the facility and within view of the fitness equipment that all members
of the facility who are alone in the facilitv must wear a personal security device at all times.
f. The exercise only facilitv shall have a workine video surveillance svstem to urovide
documentation of all activities on the interior of the facil� (excluding locker rooms, rest rooms and
tannine facilitiesl and the exterior of the facilitv including theparldng lot within 50 feet of the entrance to
the facility. If Saint Paul Police determine a nreferred nlacement for cameras, licensee shall position
cameras as directed bv Saint Paul Police. RecordinQS must be retained for 90 da and made available to
the Saint Paul Police Deparhnent or the department of safety and insnections immediately upon re ueq st In
addition the Saint Pau1 Police Devariment and d�amnent of safetv and inspections shall be provided
electronic access to the surveillance svstem in order to monitor actions on the nremises in live time
e. All external doors to the fitness onlv facility shall be equipped with tailgatin� alarms All
tailgating alanns shall be reported to the Denartment of Safetv and Inspections alon¢ with the time and
circumstances of the alann.
h. All internal doars shall be e uipped with a working video surveillance svstem which
documents and records anv person(s) enterin� and lea�ine all interual doors to the fitness oniv facil�
includine but not limited to restrooms, shower rooms and tannine facilities. Any instances in which mare
fhan one person enters a room within the facility not monitored by interual surveillance cameras shall be
r�orted to the Deparhnent of Safety and Inspections alone with the time and circuxnstances of the
incident. Anv office or other space within the facility that is not accessible to meinbers shall be locked at
all times unless a staff inember is inside.
i. The exercise onlv facilitv shall notifv the Deparhnent of Safetv and Inspections of the
designated staff hours for each club Staffed hours shall be cons�icuouslv nosted on the entrance to the
health club.
j. The exercise onl facilitv shall not allow members to bring,guests into the facility durin�
hours that the facilitv is not staffed. Durin all non-staffed hours ever nerson entering the fac shall
be required to individuallv unlock the entrv doors in order for the monitoring system to record that
member's entrv.
�
q -l� 0$
���bl �-
l�g
179
Section 4
180 Section 42711 of the Saint Paul Le�islative Code is hereby amended to read as follows:
181
182 Sec. 427.11. Unlawfnl acts.
183
184 It shall be unlawful for:
185
186 (1) Anyone to engage in, conduct or carry on a health/sport club without a valid license issued pursuant
187 to this chapter.
188
189 (2} Any person in a licensed establishment to place his or her hands upon, or to touch with any part of
190 his or her body, or to fondle in any manner, or to massage, the genital area of any other person.
191
192
193
194
195
196
197
198
199
2�0
201
202
203
(3) 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 person under his or her
control or supervision to perform such acts prohibited in subparagraphs (1) and (2) of this section or any
obscene act.
(41 Any health club includin� an exercise onlv facility, to allow a natron who has violated pazag_raph
two (2) above, anv similar law, or committed anv obscene act inside a health club or exercise only facility
to remain a member of the health club or exercise only £acilitv.
Section 5
204 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
205 publication.
Yeas Na s Absent
Bos�om
Cartei
Hazris
Helgen
Lantry
Stark
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Deparhnent oE
�
Approved by the Office of Financial Services
�
Appro by City Attomey
��
BY ' �"��
Approved by Mayor for Submis on to Council
By:
Council File # �R , /D/�
Green Sheet # 3058940
ORDINANCE
OF SA{NT PAUL, MINNESOTA
Presented by
An Ordanance Amending Chapter 427 of The Saint Paul Legislative Code To
Outline Requirements for Exercise Only Health Clubs.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6 Section 1
7 Secfion 427.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
9 Sec. 427.02. Definitions.
10
1 I As used in this chapter, the terms defined in this section shall have the following meanings ascribed to
12 them:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Adequate or approved means acceptable to the director er-�ge�s of the a�� �°��~ �F~^w'��'�°°'*'�
de�artment of saf� and insnections following director's determination as to conformance with public
health practices and standards.
Exercise onlv facilitv means a healt2ilsport club that provides only fitness equinment and restroom/shower
facilities but no other facilities such as tanning beds, saunas, steam rooms, hot tubs massage facilities and
unisex locker rooms or restrooms. All members of the exercise onlv facilitv shall haue access to the entire
facilitv and there shall not be separate access to facilities for different levels of inembershi�
Health/sport club means a building or portion of a building desi�ed and equipped for the conduct of
sports, exercise, leisure time activities or other customary and usual recreational activities, operated for
profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or
open to the public for a fee.
Secrion 2
30 Section 427.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
31
32
33
34
35
36
37
38
39
40
41
42
Sec. 427.06. Adverse action; grounds for suspension, revocation or denial.
The city council may consider the taking of adverse action regazding a license applicarion or licensed
business as set forth in this section, and in conformity with the procedures required by section 310.05 of
this Legislative Code; provided, however, that the council shall not consider as grounds for such adverse
acrion any activity on the part of the applicant or licensee, which activity is protected by the provisions of
the Constitutions of the United States ar of the State of Minnesota.
(1) It shall be grounds for denial of the application if the applicant or persons in his employ aze not
complying with or have a history of violations of the laws and ordinances that apply to public health, safety
or morals.
�
.
, �r
a�-�o��-
43
44
45
46
47
48
49
50
51
52
(2) 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 1aw,
which convicrion may be used for that purpose under Minnesota Statutes, Chapter 364.
(3) Tt 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.
53 (4) An application may be denied or a license may be suspended or revoked if the presence of such
54 establishment is found to be detrimental to the health, welfare or safety of the citizens of the City of Saint
55
56
57
58
59
60
61
62
63
64
65
66
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87
Paul.
(S) A license 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 or of the facilities when initially licensed without priar approval of
the city council.
(6) 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.
(7) It shall be grounds for denial, suspensian ar revocarion of the license if there is any fraud or
deception involved in the license application or license renewal.
(8) It shall be grounds for suspension or revocation of the license ]f the licensee, owner, lessee or
manager of the health/sport club fails to comply with any of the ordinances of the City of Saint Paul or
statutes of the State of Minnesota pertaining to the licensed premises.
(9) It shall be grounds for the suspension or revocation of the license if the licensee or owner or
manager ar 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.
(1Q) It sha11 be grounds for the denial, suspension or revocation of the license if the licensee, owner,
lessee, manager or empioyee has evidenced in the past wi11fu1 disregard for the health, housing, zoning,
building and/or fire codes and regulations.
(11) 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 department of
safety and inspections to inspect the premises ar operations during normal business hours.
(12) It shall be grounds for the denial, suspension or revocation of a license if the licensee or any of its
employees ue found to be in violation of the provisions of this chapter.
�r
a�2�$
v�-ia ��-
88 (13) It shall be grounds for the denial, suspension or revocation of the license of any adult healthlsport
89 club if any employee is under eighteen (18) years of age.
40
91
92
93
94
95
96
97
98
49
100
101
(141 If adverse action is taken against an exercise onlv facility foz faalure to complv with 427.07 (131.
the Council may impose a license condition requiring on-site staffin� during all hours of operation. Such a
license condition shall not be considered a deviation from the penaltv matrix under Section 310.05(m) of
the legislative code.
f 151 Notwithstandin� the penaltv matrix under Section 310.05(m) of the le�islative code the
nresumptive penalty for an exercise onlv facilitv in which prostitution activity takes nlace is license
revocation.
Section 3
102 Section 427.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
103
104
105
106
107
108
104
110
lll
112
113
114
Sec. 427.07. Construction, maintenance and staff requirements.
The following requirements shall apply to the construction, maintenance and staffing of the licensed
premises:
(1) AIl sauna rooms, restrooms and bathrooms used in connection with the licensed premises shall be
constnxcted 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 mitumum radius of one
(1)inch.
*�*
115 (11) No exercise equipment shall be used unless there is assi�ed at all times an employee on duty which
116 is trained to give advice on the safe use and operation of said equipment. The staff member on duty must
117
118
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120
121
122
123
124
125
126
L7
128
129
130
131
132
be on the nremises.
(12) At least one {1) employee or manager, trained and qualified in first aid, � CPR and use of an AED
according to standards established by rule by the department of safety and inspections shall be on duty at
all times that the licensed premises are in operation or open to members or the public. Such standards shall
be in conformity with standards and guidelines established by the American Red Cross with respect to
water safety instructars or by the American Heart Association for similar purposes. The staff member on
duty must be on the premises.
(131 Exception to on duty staffin¢ rule. An exercise onlv facility may operate without a staff inember on
the nremises as required by paraQraph (11 and (12) above under the following conditions�
a. The exercise onlv facility must be on the gxound level of a commerciallv zoned buiidin�
The space witivn the buildine must be at least SQQ sauare feet with at least twentv-five (251 lineaz feet of
external windows that allow nassers bv. licensinQ officials and police to see clearlv into the building and
allows members to easily see outside the facility. The facilitv shall have at least 10 cardiovascular exercise
machines including but not lamited to treadmills, elliptical trainers and starionarv bicvcles
q •�8
p�°�Df�
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b. All members of the exercise onl facilitv must be advised and sim an aclrnowled e� ent
that thev have been advised that a staff member is not always present during hours of operation. These
acknowledeements shall be retained by the exercise onlv facility and available to the deparhnent of safety
and inspections unan request.
a The exercise only facilitv shall maintain and operate an access monitorin� svstem that
records the name, date and tune that members enter and leave the facility. This record shall be made
reQardless of whether the facility is staffed This record shall be maintained for aperiod of at least 90 davs
and made available to the department of safetv and inspections or the Saint Paul Police Department �on
re uest.
_ d. The exercise oniv facility must �rovide at least one automatic electronic defibrillator (AED�
on the premises. In addition, the facilitv must offer certification for use of the AEA, CPR and first aid free
of char¢e to members of the facilitv at least four (4) times ner vear.
e. Exercise onlv facilities must havepersonal security devices canable of being worn around a
member's neck that is connected to a security company twentv-four (24) hours a day that will result in
immediate notification of police and/or other emereencv services. That securitv companv shall have
access to video surveillance from the club so the nolice can be notified of what caused the alarm and can
better be able to send apnrovriate help. Exercise only facilities must nost notification to members in a
conspicuous location near the door to the facilitv and within view of the fitness ecLuinment that all members
of the facilitv who are alone in the facilitv must wear a nersonal security device at all times.
£ All external and internal doors to the fimess only facility and restxoomslshower rooms shall
be equipped with taiigating alarms. All tail�ating alarms shall be reported to DSI alone with the time and
circumstances of the alarm. Anv office or other soace within the facilitv that is not accessible to members
sha11 be locked at all times unless a staff inember is inside.
g. The exercise onlv facilitv shall notify DSI of the desienated staff hours for each club
Staffed hours shall be conspicuouslv nosted on the entrance to the health club.
h. The exercise only facilitv shall have a working video surveillance system to rp ovide
documentation of all activities on the interior of the facility�excluding locker rooms or rest rooms) and the
parkin¢ lot within 50 feet of the entrance to the facilitv ff Saint Paul Police determine a nrefened
placement for cameras, licensee shall position cameras as directed bv Saint Paul Police. Recordin�s must
be retained for 90 days and made available to the Saint Paul Police Department or the deparhnent of safetv
and inspections immediately u op n re uest. In addition the Saint Paul Police Department and denartment of
safety and insnections shall be provided electronic access to the surveillance svstem in order to monitor
actions on the�remises in live time.
i. The exercise only facifitv shall not allow members to brin� guests into the facili durin
hours that the facilitv is not staffed. During all non-staffed hours every nerson enterin� the facility shall
be required to individuallv unlock the entry doors in order for the monitoring system to record that
member's entrv.
Section 4
173 Section 42711 of the Saint Paul Legislative Code is hereby amended to read as follows:
174
175 Sec. 427.11. Unlawful acts.
176
177 It shall be unlawful for:
178
1
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o$ -la(�
179 (1) Anyone to engage in, conduct ar carry on a healthlsport club without a valid license issued pursuant
180 to this chapter.
181
182 (2) Any person in a licensed establishment to place his or her hands upon, or to touch with any part of
183 his or her body, or to fondle in any manner, or to massage, the genital area of any other person.
184
185 (3) Any person owning, operating or managing a licensed establishment knowingly to cause, allow or
186 permit in or about such licensed establishment any agent, employee, or any other person under his or her
187 control or supervision to perform such acts prohibited in subparagraphs (1) and (2) of this section or any
188 obscene act.
189
190 �4) Any health club, including an exercise onlv facilitv, to allow a patron who has violated par�anh
191 two (2) above, anv similar law, or committed any obscene act inside a health club or exercise only facilitv
192 to remain a member of the health club or exercise onlv facilitv.
193
194
195
196
Section 5
197 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
198 publication.
Adoprion Certified by Council Sectetary
By:
Approved by Mayor: Date
Requested by Departmen of:
S4�PT� 4h�C Lt, s//�C+�'�S
BY` `�a����a��'J.�
Approved by the Office of Financial Services
By:
App by City Atto�
By a�� R2os
Approved by Mayor fox Submission to Council
BY� �r�- 9 2%Og
�
Adopted by Council: Date