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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 Golden Valley City Code Page 8 of 12 § 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 Golden Valley City Code Page 10 of 12 § 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