6.36 - Massage Parlors, Saunas, and Other Adult-Oriented Services§ 6.36
Section 6.36: Massage Parlors, Saunas, and
Other Adult -Oriented Services
Subdivision 1. Findings and Statement of Policy
A. The Council deems it necessary to provide for the special and express
regulation of businesses or commercial enterprises which operate as
massage parlors, saunas, rap parlors, conversation parlors, adult sensitivity
groups, adult encounter groups, escort services, dancing services, hostess
services and similar adult-oriented services operating under different names
in order to protect the public health, safety and welfare and to guard against
the inception and transmission of disease. The Council further finds that
commercial enterprises such as the type described above, and all other
similar establishments whose services include sessions offered to adults,
conducted in private by members of the same or the opposite sex, and
employing personnel with no specialized training, are susceptible to operation
in a manner contravening, subverting or endangering the morals of the
community by being the site of acts of prostitution, illicit sex and occasions of
violent crimes, thus requiring close inspection, licensing and regulation.
Source: City Code
Effective Date: 6-30-88
B. The Council also finds that control and regulation of commercial
establishments of these types, in view of the abuses often perpetrated,
require intensive efforts by the Police Department and other departments of
the City. As a consequence, the concentrated use of City services in such
control detracts from and reduces the level of service available to the rest of
the community and thereby diminishes the ability of the City to promote the
general health, welfare, morals and safety of the community. In
consideration for the necessity on the part of the City to provide numerous
services to all segments of the community, without a concentration of public
services in one area working to the detriment of the members of the general
public, it is hereby decided that the number of licenses issued pursuant to
this Section for massage parlors, saunas, rap parlors, conversation parlors,
adult encounter groups, adult sensitivity groups, escort services, model
services, dancing services, hostess services or for similar adult-oriented
services which may be in force at any one time be no more than a total of six
such licenses.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
Golden Valley City Code Page 1 of 12
§ 6.36
Subdivision 2. Definitions
For the purpose of this Section, the following terms have the meanings stated:
A. Massage: means the rubbing, stroking, kneading, tapping or rolling of the
body of another with hands or objects for the exclusive purpose of physical
fitness, relaxation, beautification and for no other purpose. The term does
not apply to the practice of medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry and persons duly licensed in this State to
practice medicine, surgery, osteopathy, chiropractic, physical therapy or
podiatry, nurses who work solely under the direction of any such persons,
beauty culturists and barbers who do not give, or hold themselves out to
give, massage treatments, as defined herein, other than is customarily given
in such shops or places of business, for the purpose of beautification only.
Provided, however, that the persons practicing such excluded activities hold
valid licenses from the State of Minnesota.
B. Masseur: means a male person who practices or administers a massage.
C. Masseuse: means a female person who practices or administers a massage.
D. Massage Parlor: means any establishment or place providing to the public
at large massage services, other than a hospital, sanitarium, rest home,
nursing home, boarding home, or other institution for the hospitalization or
care of human beings.
E. Massage Services: means a business offering or providing massages to
others where a fee is charged and whether or not the massage services are
rendered at the licensed location.
F. Sauna: means any public facility used for the purpose of bathing, reducing
or relaxing, utilizing steam as a cleaning, reducing or relaxing agent.
G. Rap Parlor or Conversation Parlor or Adult Encounter Group or Adult
Sensitivity Group: means any person advertising, offering, selling, trading
or bartering the services of itself, its employees or agents as non-
professional counselors, teachers or therapists who may talk to, discuss or
have conversation with patrons or who deal in any way with patron's physical
senses whether or not other goods or services are simultaneously advertised,
offered, sold, traded or bartered and regardless of whether said goods or
services are also required to be licensed.
H. Escort Service or Model Service or Dancing Service or Hostess Service:
means any person advertising, offering, selling, trading or bartering the
services of itself, its employees or agents as hostesses, models, dancers,
escorts, dates or companions whether or not goods or services are
simultaneously advertised, offered, sold, traded or bartered and regardless of
whether said goods or services are also required to be licensed.
Golden Valley City Code Page 2 of 12
§ 6.36
I. Similar Adult -Oriented Services: is meant to include all other services
which fall within the definitions of Items 4 through 8, inclusive, of this
Subdivision but are operated under different names.
J. Certificate: as used herein means a certificate issued by the City authorizing
the holder thereof to practice or administer a massage.
Subdivision 3. License Required
A. Persons. It is unlawful for any person to operate a massage parlor or
massage establishment, sauna, rap parlor, conversation parlor, adult
encounter group, adult sensitivity group, model service, escort service,
dancing service, hostess service or any other adult-oriented services either
exclusively or in connection with any other business enterprise, or hold
himself or herself out as being a masseur or masseuse or engaged in or
offering his or her services as a model, hostess, dancer, escort or counselor
in a rap parlor, conversation parlor, adult sensitivity or adult encounter group
without a license therefor from the City.
B. Establishments. It is unlawful for any person to hold out any establishment
as providing services as a massage parlor, sauna, rap parlor, conversation
parlor, adult encounter group, adult sensitivity group or model service, escort
service, dancing service, hostess service or similar adult-oriented service
without a license from the City. Whenever any establishment ceases to be
licensed as a massage parlor, sauna, rap parlor, conversation parlor, adult
encounter group, adult sensitivity group or model service, escort service,
dancing service, hostess or other adult oriented services, whether through
the suspension, cancellation, revocation or expiration, its owners shall
immediately remove from public view any sign or display which identifies the
establishment as being a massage parlor, sauna, rap parlor, conversation
parlor, adult encounter group, adult sensitivity group or as offering a model
service, escort service, dancing service, hostess service or other adult-
oriented service.
Subdivision 4. Certificate Required
It is unlawful for any person to engage in or hold himself or herself out as being
engaged in the practice of massage nor shall any person administer or practice
massage commercially or for hire, or for the exchange of any valuable consideration
without a certificate therefor from the City.
Subdivision S. Exceptions
This Section does not apply to the following individual persons and establishments:
A. Bona fide legal, medical, psychiatric, psychological, family or marriage
counseling services licensed by the State of Minnesota.
B. Bona fide financial counseling services or bona fide educational institutions
completely complying with State and local regulations or the regulation of
Golden Valley City Code Page 3 of 12
§ 6.36
any licensing authorities nor does it apply to bona fide churches, synagogues
or institutions or organized religions or to seminars, panel discussions or
group classes sponsored by bona fide religious institutions or educational
institutions.
C. Bona fide health/sports establishments which meet the following criteria: 1)
the primary purpose of the establishment is health and fitness; massage
service is subsidiary; 2) no more than ten percent (10%) of the
establishment revenue is derived from massage; 3) the financial records of
the establishment are at all times available to the City for inspection; and, 4)
the establishment has an ongoing membership which list is available to City
officials for inspection at any time. Masseurs and masseuses employed by
such establishments are not required to be certified under this Section.
Subdivision 6. Contents of Application for License
A. Application for a license shall be made only on the forms provided by the City
Manager or his/her designee. Four (4) complete copies of the application
must be submitted to the City Manager's office containing the address and
legal description of the property to be used, the name, address and
telephone number of two (2) persons who shall be residents of Hennepin
County who may be called upon to attest to the applicant's, manager's or
operator's character; whether the applicant, manager or operator has ever
been convicted of a crime or offense and, if so, complete and accurate
information as to the crime, place and nature of such crime or offense,
including the disposition thereof; the names and addresses of all creditors of
the applicant, owner, lessee, or manager insofar as and regarding credit
which has been extended for the purposes of constructing, equipping,
maintaining, operating, furnishing, or acquiring the premises, personal
effects, equipment or anything incidental to the establishment maintenance
and operation of a massage parlor, sauna, rap parlor, conversation parlor,
adult encounter group, adult sensitivity group, escort service, model service,
dancing service, hostess service or similar adult-oriented service.
B. If the application is made on behalf of a joint business venture, partnership
or any legally constituted business association other than a corporation, it
shall submit, along with its application, accurate and complete business
records showing the names and addresses of all partners, officers and
owners and, in the case of a corporation, the names and addresses of all
officers, general manager and members of the Board of Directors.
C. If the application is made on behalf of a joint business venture, partnership,
legally constituted business association or corporation, the applicant shall
also submit the names and addresses of any and all creditors who have
extended credit for the acquisition, maintenance, operation or furnishing of
the establishment.
Golden Valley City Code Page 4 of 12
§ 6.36
D. All applicants shall furnish to the City, along with their applications, complete
and accurate documentation establishing the interest of the applicant and
any other person having an interest in the premises upon which the building
is proposed to be located or in the furnishings thereof. Documentation shall
be in the form of a lease, deed, contract for deed, mortgage deed, mortgage,
credit arrangement, loan agreements, security agreements and any other
documents establishing the interest of the applicant or any other person in
the operation, acquisition or maintenance of the enterprise offering services
as a massage parlor, sauna, rap parlor, conversation parlor, adult encounter
group, adult sensitivity group, model service, escort service, dancing service,
hostess service or similar adult-oriented service.
Source: City Code
Effective Date: 6-30-88
E. Insurance in the amount of one million dollars ($1,000,000) in professional
liability and general liability shall be in force and effect as a condition of
maintaining a valid licensed premises.
Source: Ordinance No. 203, 2nd Series
Effective: 6-24-99
F. All applicants shall state any other licenses for which they have applied
within the last ten (10) years and any denial, suspension or revocation of a
license along with an explanation of any such denial, suspension or
revocation.
Subdivision 7. Contents of the Application for Certificate
Application shall be made only on forms provided by the City Manager or his/her
designee. The application shall include the following information together with any
information which the City Manager or his/her designee may require:
Source: City Code
Effective Date: 6-30-88
A. Applicants must possess a certificate from a licensed school of massage,
certifying their successful completion of a course of study of not less than
four hundred (400) hours of training in massage therapy.
Source: Ordinance No. 203, 2"d Series
Effective: 6-24-99
B. Evidence of applicant's practical qualifications to practice massage.
C. Evidence that the applicant is of good moral character.
D. The names and addresses of two (2) persons, residents of Hennepin County,
who can attest to the applicant's character.
Golden Valley City Code Page 5 of 12
§ 6.36
E. Whether the applicant has ever been convicted of a crime or offense and, if
so, information as to the time, place and nature of such crime or offense.
Source: City Code
Effective Date- 6-30-88
F. Evidence that the applicant is at least eighteen (18) years of age.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
Subdivision S. Licensing Conditions
A. Licenses shall be issued only if the applicant or all of its owners, managers,
employees, agents or interested parties are persons of good moral character
and repute.
B. Licenses shall be issued only if the applicant and all of its owners, managers,
agents, employees or interested parties are free of convictions for offenses
which involve moral turpitude or which relate directly to such person's ability,
capacity or fitness to perform the duties and discharge the responsibilities of
the licensed activity.
C. Licenses shall be issued only to applicants who have not, within three (3)
years prior to the date of application, had a license of this type revoked or
suspended in or by any community or political entity and whose owners,
managers, or any interested parties have not been similarly revoked or
suspended.
D. Licenses shall be issued only to applicants who have answered fully and
truthfully all of the information requested in the application, who have paid
the full license fee and fee for investigation and have cooperated fully and
truthfully with the City in the review of the application.
E. Licenses may only be granted when the premises involved are in complete
conformity with the Zoning Chapter of the City Code.
Source: City Code
Effective Date: 6-30-88
F. Licenses shall be granted only to establishments which meet the safety,
sanitary and building code requirements of the City.
G. A license shall not be granted if granting the license 1) would be inconsistent
with the comprehensive development of the City, or 2) would otherwise have
a detrimental effect upon other Property or properties in the vicinity.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
Golden Valley City Code Page 6 of 12
§ 6.36
Subdivision 9. Certification Conditions
A. Certificates shall be issued only to persons of good moral character and
repute and persons who are in good health and free from any communicable
disease.
B. Certificates shall be issued only to persons free of convictions of offenses
which involve moral turpitude or which relate directly to the person's ability,
capacity or fitness to perform the duties and discharge the responsibilities of
the occupation.
C. Certificates shall not be issued to persons who, within one (1) year prior to
the date of application, have been denied certification licensing or who has
had his or her certificate or license revoked or suspended by any community,
political entity or by the State of Minnesota.
D. Certificates shall be issued only to persons who have fully and truthfully
answered all of the information requested in the application and have paid
the full certification fee and certification investigation fee.
E. Certificates shall be issued only to persons eighteen (18) years of age or
older.
Source: City Code
Effective Date: 6-30-88
Subdivision 10. Granting or Denial of Licenses and Certificates
A. License applications and certificate applications shall be issued by the Police
Department upon review by the Inspections Department, Planning
Department, and such other departments as the City Manager shall deem
necessary. The review of license applications shall include an inspection of
the premises covered by the application to determine whether the premises
conform to all applicable code requirements.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
B. A license permitting the conduct of an establishment offering services as a
massage parlor, sauna, rap parlor, conversation parlor, adult encounter
group, adult sensitivity group, escort service, model service, dancing service,
hostess service or similar adult-oriented service is non -transferable and non-
renewable, and application must be made each year for a license permitting
and allowing the conduct of such business for the succeeding year.
C. A certificate permitting the holder thereof to practice or administer massage
commercially is non-renewable and non -transferable and application must be
made each year at least sixty (60) days before the expiration of the existing
certificate for a certificate permitting and allowing the holder thereof to
administer or practice massage for the succeeding year.
Golden Valley City Code Page 7 of 12
§ 6.36
Subdivision 11. Restrictions and Regulations
A. The licensee and any persons in the employ of such licensee or agents or
officers thereof and any and all persons with an interest in said business shall
comply with all applicable provisions of the City Code, the State of
Minnesota, and the United States.
B. If the licensee is a partnership or corporation, the applicant shall designate a
person to be manager and in responsible charge of the business and
employees. Such person shall remain responsible for the conduct of the
business and employees until another suitable person has been designated in
writing by the licensee. The licensee shall promptly notify the Police
Department in writing of any such change, indicating the name, address and
telephone number of the new manager and the effective date of such
change.
C. Every licensee shall allow an examination and inspection of every part of the
premises by the Police Department, inspections or health authority of the
City during normal business hours times each year. Refusal to allow such
inspection or to answer the request of the Police Department, inspections, or
health authority to be admitted to a licensed premises shall be grounds for
suspension or revocation of all licenses.
Source: City Code
Effective Date: 6-30-88
D. The licensed premises shall not be open for business nor shall patrons be
permitted on the premises between the hours of 11 pm and 7 am on any
day.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
E. Upon demand of any police officer, any person employed in any licensed
premises shall provide identification by giving such person's true legal name,
date of birth, and correct address.
F. No person under eighteen (18) years of age shall be employed in an
establishment requiring a license under the provisions of this Section.
G. The licensee shall furnish the Police Department with a list of current
employees, indicating their names and addresses and designating the duties
of the employees within the licensed premises. The licensee shall promptly
notify the Police Department of any additions or deletions in the list of
employees or changes in their job descriptions or duties.
H. The licensed premises must be kept and maintained in a sanitary condition
defined as being free from the vegetative cells of pathogenic microorganisms
and all equipment, personal property, tables, beds, towels, clothing and the
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§ 6.36
like used in or for the licensed premises shall also be maintained in a sanitary
condition as defined herein.
I. No licensee shall employ any person as a masseur or masseuse without first
insuring that said employee possesses a valid certificate for the
administration or practice of massage.
Source: City Code
Effective Date: 6-30-88
J. Except as otherwise provided in this Section, any person acting as a masseur
or masseuse shall have such person's certificate displayed in a prominent
place at such person's place of employment and upon demand by any police
officer or other authorized officer or agent of the City, any person engaged in
practicing massage shall provide identification by giving such person's true
legal name, date of birth, correct address and phone number.
K. Except as otherwise provided in this Section, any person practicing massage
within the City shall initially advise the City of such person's address and
telephone number and shall further advise the City of any changes in address
or telephone number within thirty (30) days of such change.
L. Any masseur or masseuse practicing massage shall remain fully clothed in a
non -transparent uniform or clothing at all times. The therapist must require
that the person who is receiving the massage will at all times have that
persons breasts, buttocks, anus and genitals covered with non -transparent
material or clothing.
Subdivision 12. Construction and Maintenance Requirements
A. The premises shall have private restrooms and changing facilities available
for patrons. The changing room need not be separate from the massage
room.
B. All massage rooms, locker rooms, restrooms and bathrooms used in
connection therewith shall be maintained in a sanitary condition. All
equipment, personal property, beds, towels, clothing and the like used in the
massage parlor shall be of a sanitary design and kept in a sanitary condition.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
C. All restrooms shall be provided with mechanical ventilation meeting the
ventilation requirements of the Building Code, a hand washing sink equipped
with hot and cold running water under pressure, sanitary towels and a soap
dispenser.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code Page 9 of 12
§ 6.36
D. All rooms in the licensed premises including, but not limited to, massage
rooms, sauna rooms, restrooms, bathrooms, rap rooms, conversation rooms,
modeling rooms, dancing rooms, janitor's closets, hallways and reception
areas shall be illuminated with not less than five (5) foot candles of
illumination.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
E. Each licensed premises shall have a janitor's closet which shall provide for
the storage of cleaning supplies.
F. Floors, walls and equipment in massage rooms, sauna rooms, restrooms,
bathrooms, rap rooms, conversation rooms, modeling rooms and dancing
rooms must be kept in a state of good repair and sanitary at all times. Linen
and other materials shall be stored at least twelve (12) inches off the floor.
Clean towels, washcloths and linens must be available for each customer
utilizing the sauna or shower facilities.
Source: City Code
Effective Date: 6-30-88
G. Such establishments shall provide adequate refuse receptacles which shall be
emptied as required.
Source: Ordinance No. 203, 2nd Series
Effective Date: 6-24-99
Subdivision 13. Health and Disease Control
No person afflicted with any disease in a communicable form or while a carrier of
such disease or while afflicted with boils, infected wounds, sores or any acute
respiratory infection shall work in or use the services of any licenses premises and
no person known or suspected of being afflicted with any such disease or condition
shall be employed or permitted in such area or capacity.
Subdivision 14. Revocation, Suspension or Non -Renewal of License
The license may be revoked, suspended or not renewed by the Council upon
recommendation of the City Manager or his/her designee by showing that the
licensee, its owners, managers, employees, agents or any other interested parties
have engaged in any of the following conduct:
A. Fraud, deception or misrepresentation in connection with the securing of the
license.
B. Habitual drunkenness or intemperance in the use of drugs including, but not
limited to, the use of drugs defined in Minnesota Statutes, Section 152,
barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or
other sedatives, depressants, stimulants or tranquilizers.
C. Engaging in conduct involving moral turpitude or permitting or allowing
others within their employ or agency to engage in conduct involving moral
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§ 6.36
turpitude or failing to prevent agents, officers, or employees in engaging in
conduct involving moral turpitude.
D. Failure to fully comply with any requirements of the City Code regarding
sanitary and safety conditions, zoning requirements, building code
requirements; or failure to fully comply with the City Code, the violation of
which involves moral turpitude, or failure to comply fully with any
requirements of this Section.
E. Conviction of an offense involving moral turpitude by any court of competent
jurisdiction.
F. Operation of the establishment without a valid license or during periods in
which the license has been suspended or revoked.
G. Engaging in any conduct which would constitute grounds for refusal to issue
a license herein.
H. The licensee may appeal such suspension, revocation or non -renewal to the
Council. The Council shall consider the appeal at the next regularly scheduled
Council meeting on or after ten (10) days from service of the notice of appeal
to the City Manager or his/her designee. At the conclusion of the hearing, the
Council may order: 1) that the revocation, suspension or non -renewal be
affirmed; 2) that the revocation, suspension or non -renewal be lifted and
that the license be returned to the license holder; or, 3) the Council may
base either suspension or issuance of the certificate upon any additional
terms, conditions and stipulations which it may, in its sole discretion, impose.
Subdivision 15. Revocation, Suspension or Non -Renewal of
Certificate
Certification may be revoked or suspended by the City Manager or his/her designee
or not renewed by the Council for any of the following:
A. Fraud, deception or misrepresentation in connection with the securing of the
certification.
B. Habitual drunkenness or intemperance in the use of drugs including, but not
limited to, the use of drugs defined in Minnesota Statutes, Section 152,
barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or
other sedatives, depressants, stimulants or tranquilizers.
C. Conduct, inimical to the interests of the public health, safety, welfare or
morals.
D. Engaging in conduct involving moral turpitude.
E. Failure to fully comply with the requirements of this Section.
Golden Valley City Code Page 11 of 12
§ 6.36
F. Conviction of an offense involving moral turpitude.
G. The certificate holder may appeal such suspension, revocation or non-
renewal to the Council. The Council shall consider the appeal at the next
regularly scheduled Council meeting on or after ten (10) days from service of
the notice of appeal to the City Manager or his/her designee. At the
conclusion of the hearing, the Council may order: 1) that the revocation,
suspension or non -renewal be affirmed; 2) that the revocation, suspension or
non -renewal be lifted and that the certificate be returned to the certificate
holder; or, 3) the Council may base either suspension or issuance of the
certificate upon any additional terms, conditions and stipulations which it
may, in its sole discretion, impose.
Subdivision 16. Prohibited Acts
It is unlawful for any employer to employ a person to practice or administer
massage nor permit, suffer or allow a person to practice or administer massage
unless that person has been granted a valid certificate pursuant to this Section and
every employer shall require that the certification be prominently and openly
displayed on the premises in plain view.
Subdivision 17. Illegal Acts
It is unlawful for any person to commit or attempt to commit, conspire to commit
or aid and abet in the commission of any act constituting a violation of this Section
or any act, which constitutes an omission and, therefore, a violation of this Section,
whether individually or in connection with one or more persons or as principal,
agent or accessory, and any person who does so shall be guilty of such offense and
it is unlawful for any person to falsely, fraudulently, forcibly or willfully induce,
cause, coerce, require, permit or direct another to violate any of the provisions of
this Section.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code Page 12 of 12