Ordinance No. 0745 02-22-1982n
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- - — - — - QFmIl�Ai�I[E P0. 745
AN f�II�Y� J�,"TAA�.�G C�fAPPER 125 OF 7�E FRIDLEY
CITY (bDE ENTITLED SADNAS AND l�ASSAGE PARLORS;
RH[�IIATiI�U �(�ERATION APID lfAINPII�412iC� OF SADI�S AH]
11A4411'� PARIDRS� R�IRIl�i A LICENSE TO OPERATE SUC9
FACILITIES AND ESTABLISHING STANDARDS FOR THB
OON,S�ION� AOQOISPl'iCN� l�AINPF�IANCE AI�ID OPERATION
G1F SZX� FACII.IT�
� The City Coiu�cil of the City of Fridley does ordain as follows:
125.01 STATII�fFNr OF POLICY
The City Coimcil of t�e City of Fridley considers it necessary to provide
for the speci.al express regulation of businesses or co�mrercial enterprises
of the type subject to licensure in this Chapter in ordez to protect the
public health, safety and welfare and to guard against the inception and
transmission of disease.
The City Council a1sQ finds that control and regulation of commercial
establistvnents of these types, in view of the abuses often pecpetrated,
require intensive efforts by the Police Department, PubIic Health
Sanitarian 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 availab7e 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 �rt of the City to provide numerous services to all
segments of the comm�ity� without a concentration of public services in
one area working to the detriment of the members of the general public,
the number of sauna and massage garlor licenses which may be in force at
� any one time shall be two, for conunercial businesses.
125.02 DEFINITIONS
As used in this Ordinance the terms defined shall have the meanings
ascribed to than.
1. "Sauna" means and includes a steam hath or heat bathing room used for
the purpose of bathing, relaxing or reducing, utilizing steam or hot air
as a cleaning, relaxing or teducing agent.
2. "Nlassage" means the rubbing, stroking, kneading, tapping or rolling of
the body of another with the hands for the exclusive purpose of physical
fitness, relaxation, beautification and for no other purpose.
3. "Masseur" means a male person who practices or administers massage.
4, °Masseuse" means a fenale person who practices or administers massage.
5, 'Certificate" as used herein means a certificate issued by the City
authocizing the holder thereof to practice or administer massage in the
City of Fridley.
� 6. "Massage Parlor" means any premises at or in which massage is
periormed. The practice of massage is here6y declared to be distinct from
the practice of inedicine, surgecy, osteopathy, chiropractic, physical
therapy, or pediatry and persons duly licensed in this state to practice
medicine. surgery, osteopathy, chiropractic, physical therapy, or
pediatry, nurses who work solely under the direction of such persons,
athletic directors and trainers are hereby expressly excluded from the
provisions of this section. Beauty Culturists and ba�bers 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 shall be exenpt from the
provisions of this section.
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Page 2— Ordinance No. 745
125.03 LICENSE At�ID CER'I'IFICATE REQUII2F.0
1. No person shall enga9e in the uu�iness of-operatingya sauna or massage
parlor either exclusively or in connection with any other business
enterprise without being licPnsed as provided in this section.
2. No person shall hold out any establishment as providing sauna or
massage services imless such establiskm�ent is licensed as provided in this
section. Whenever any establishment ceases to be licensed as a sauna
whether through the suspension, cancellation, revocation, non-renewal or
lapse of its license, its owners shall imrediately renove fram public view
any sign or display which identifies the establis}ment as being a sauna or
massage parlor or as offering sauna or massage services.
125.04 ODNPF3�TI5 OF P.�PLICATION FDR LICENSE
Application for license shall be made only on the forms provided by the
City Manager. Four complete copies of the application shall be furnished
to the office of the City Clerk containing the address and legal
description of the property to be used, the names, addresses and phone
numbers of the owner, lessee, if any, and the operator or manager, the
name, address and telephone number of two persons, who shall be residents
of Anoka County and 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 other than a
traffic offense and, if so, complete and accurate information as to the
time, 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 bea� extaided
for the purposes of oonstructing, equipping, maintaining, operating or
furnishing or acquiring the premises� personal effects, equipment or
anything incident to the establishment, maintenance and operation of a
massage parlor or massa9e establishment. If the application is made on
behalf of a corporation, joint business venture, partnership or any
legally constituted business association, it shall submit along with its
application, accurate and complete business records showing the names and
addresses of all individuals having an interest in the business, including
creditors furnishing credit for the establishment, acquisition,
maintenance and furnishing of said business and, in the case of a
corporation, the names and addresses of all officers, general managers,
members of the board of directors as well as any creditors who have
extended credit for the aoquisition, maint�ance, operation ot furnishing
of the establishment including the purchase or aoquisition of any items of
personal property for use in said operation. All applicants shall furnish
to the City, along with their applications, complete and accurate
docur�entation 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 the furnishings thereof, personal property
thereoP, or the operation or maint�ance thereof. Documentation shall be
in the form of a lease, deed, contract for deed, mortgage deed, mortgage
credit arrangenent, Ioan agceements, security agceements and any other
documents establishing the interest of the applicant or any other person
in the operation, acc�uisition or maintenance of the enterprise offering a
massage. The application shall also cont-ain blueprints, diagrams, plans,
Iayouts and the like showing the construction, revision, remodeling,
alteration or additions of or to the premises and specifically showing the
layout, design and arrang�nent of the bathing and restroom facilities and
the size and type of equipment and facilities to be used.
125.05 CdNT}3d'i5 OF APPLICATION FOR CERTIFICATE
Application for a �rassage certificate shall be ma8e only on forms provided
by the City. The application shall contain the following information
together with any other infocmation the City may require:
1. Evidence of the applicant's education qualifications, including
originals or certified copies of de9rees, diplomas or certificates, if
any.
2. �idence of applicant's practical qualifications to practice massage.
3. �idence that the applicant is of goal moral character.
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Page 3— Ordinance No. 745
4. The names and addresses of two persons, residents of Anoka County, rvho
may be referred to as to the applicant's character.
5. Whether the a�licant has ever be� convicted of a crime or offense
other than a traffic offense, and if so, inforniation as to the ture, place
and nature of such crime or offense.
6. Evidence in the form of a current certificate from a licensed
physician practicing in Minnesota inclicating (a) that within the past 30
� days the physician has examined the applicant, and (b) that such
ex�nination was for the purpose of detecmining whether applicant had any
coimmmicable disease and (c) that as a result of such examination he
believes that applicant is not suffering from any communicable disease
which would disqualify the applicant ftom engaging in the practice of
massage. '
125.06 LICFNSE FEE� LICFNSE II�S'TIGATION FEE ADID LICf315E YFAR
The investi9ation fee, annual license fee and license year shall be as set
forth in Chapter 11 of the City Code. The license fee and fee for the
investigation of the license shall be paid when the application is filed.
In the event that the application is deried or the license, once issued,
is revoked, cancelled or surrPndered, no part of the annual license fee
and investigation fee the issuance of a Iicense shall be returned to the
applicant unless by express action of the City Council. A separate
license shall be obtained each year for each place of business, The
licensee shall display the license on a prominent place in the licensed
prenises at all times. A license unless revoked, is for the calendar year
or a part thereof, for which it has been issued. The fee for the
investigation for issuance of a license must be tendered with each new
application for a license and must also be paid at any time when there is
a proposed chan9e of ownership or reapplication for a license wherein
� adc3itional or different parties other than the original licensee and
interested parties are proposing to be licensed. A license for the
operation of a massage parlor is nontransferable.
127.07 CERTZFICATE FEE� CEAPIFICATE INVFSTIGATION FEE APID CfI2TIFICATE
YEAR
The investigation fee, annual certificate fee and certificate year shall
be as set forth in Chapter 11 of the City Code. The certificate fee and
fee for investigation for the certificate shall be paid when the
application is filed. In the event that the apglication is denied or that
the certificate, once issued, is revoked, canceiled or surrendered, no
part of the annual certificate fee and investigation fee for the issuance
of a certificate shall be returned to the applicant unless by expzess
action of the City Council. A separate certificate shall be obtained each
year for each place of business. The ceri:iiicate holder shall display the
certificate on a prominent place in the licensed pranises at all times. A
certificate, unless revoked, is ior the calendar year or a part thereof,
for which it has beai issued. The fee for the investigation for issuance
of a certificate must ae tendered with each new application for a
certificate and must also be paid at any time when there is a proposed
change of ownership or reapplication for a certificate wherein additional
or different parties other than the original certificate holder are
� proposing certification. A certificate permitting the hol3er thereof to
practice massage is nontransferable.
125,08 GRANI'ING OR DFNIAL OF LICFSISFS ArID CEFQIFICATF�S
License applications shall be reviewed by the Police Depaxtment, Planning
Department, Health Officer and such other departments as the City Manager
shall dean necessary. The review shall include any inspection of the
prenises covered by the application by the Health Officer, Inspection
nivision and Fize Department to determine whether the prenises confozms to
all applicable code reguirements. Recommendations shall be made in
writing to the City Manager. Thereafter, licenses shall be 9ranted or
denied 6y the City Manager subject to the provisions of this section. The
applicant may appeal to the City Council fran the Manager's decision.
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1. No license shall be issued if the applicant or any of its owners,
lessee managers, e�loyees ot aga�ts is a person of-bad repute.
2. Licenses shall be issued only if the applicant and all of its owners,
lessee managers, enploye�s and ag�ts are free of wnvictions 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.
3. Licenses shall be issued only to applicants who have not, within one
year prior to the date of application, bea� denied licensure; or who have
not within such period had its license revoked.
4. Licenses shall be issued only to applicants who have answered fully
all of the information requested in t1�e application, have paid the full
license fee and have cooperated with the City in ceview oE the
applicatian.
5. A license shall be gtanted only if an applicant is 18 years of age or
older.
6. Licenses may be granted only for locations in the general shopping
center districts (C-25) of the City. _
7. Licenses may be granted only to establishments which can meet the
safety, sanitary and building code requirements of the City.
B. A license shall not be granted if granting the license (a) would be
inconsistent with the comprehensive development plans of the City, or (b)
would otherwise have a detrimental effect upon other ptoperty or
properties in the vicinity.
125.10 COAIDITIONS O(7Vt�7ING ISSUANCE OF CERTIFICATE
1. Certificates shall be issued only to persons of good repute and
persons who are in good health and free from any communicable diseases
which would disqualify the applicant from en9aging in the practice of
massage.
2. Certificates shall be issued only to persons free of conaictions 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 occu�tion.
3. Certificates shall not be issued to persons who have, within one year
prior to the date of application. be� deniEd certification; or who have
had his or her certificate revoked or surrendered in or by any political
subdivision, m�icig3lity or by the State of h;innesota.
4. Certificates shall be issued only to applicants who have fully and
truthfully answered all of the information requested in the application,
have paid the full certificate fee and certification investi9ation fee.
5. Certificates shall be issued only to persons 18 years of a9e or older.
125.11 RF�'PRICPIONS AND
1. No lice�see shall enploy any person as a masseur or masseuse without
first insuring that said enployee possesses a valid certificate for the
administration or practice of massage.
2. The license prenises shall not be open Dr in operation between the
hours of 11;00 p.m. and 8:00 a.m. on the succeeding day nor shall any
person engaged in the practice of massage be on said premises or perf orm
any massage or administer any such services betwee� the hours of 11:00
p.m. ar�d 8:00 a.m. on the succeeding day.
3. The licensee, �m sseuse, oc masseur and any persons in their employ or
ag�ts or officers thereof and any and all persons with an interest in
said business shall comply with all applicable ordinances, zegulations and
laws of the City of Fridley, the State of Minnesota and the United States
Government.
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4. If the licensee is a partnership or corporation, the applicant shall
designate a person to be manager and in responsible charge of the
business. Such person shall remain responsible for the conduct of the
i�usL:a:.a w.�il another suitable persott has beai designated in writing by
the lices�see. The licensee shall promptly notify the police department in
writing of any such change indicating the name, address and telephone
number of the rew manager and the effective date of such ck�ange.
5. The licensee shall permit and allow the inspection of the premises
during business hours by any and all appropriate City anployees and
ag�ts.
6. The licensed prenises must be kept and maintained in a sanitary
wndition defined as being free fram the vegetative cells of pathogenic
mizcroorganisms and all equipment, personal property, tables, beds,
towels, clothing and the like used in or for the purpose of massage shall
also be maintained in'a sanitary condition as defined herein.
7. Any person acting as a masseur or massuese shall have his or her
certificate displayed in a promin�t place at his place of gnployment and
upon dr�nand by any police officer or other authorized officer or agent of
the City of Fridley, any person engaged in practicing massa9e shall
identify himself or herself giving his or her true legal name, correct
address and phone nwnber.
8, No person under 18 years of age shall be permitted upon or�allowed to
be employed or to serve in any establishment licensed under the provisions
of this ordinance. -
9. Any person practicing massage within the City of Fridley shall
initially advise the City of his or her 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.
10. Any person practicing massage within the City may do so only at
� prenises which are licensed for the conduct of such business as herein
provided and further any person practicing massage shall inform the City
of any changes in employment or the location of his employm�t within the
City within seven i7? days after such change,
11. It is unlawful for a massuer to practice massa9e upon any person
except a male and for a massuese to practice massage on any person except
a fanale.
12. Any masseur or m�sseuse practicing massage shall have the upper and
lower parts of his or her body covered and completely clothed by a
non-transparent unifocm at aZl times.
13. Every person to whom a certificate is issued shall appear personally
at the Police Department to receive delivery of the certificate and upon
such appearance shall be photographed and fingerprinted for identification
purposes. One copy of the photographs shall be permanently affixed to the
certificate and a second copy thereof shall be kept in the files of the
Police Departm�t,
14. Each licensee shall keep on the licensed pcemises and for each
licensed pr�nises an occupancy or guest register which shall contain the
true correct name, adress and phone number of each patron of the licensed
pranises. Each licensee. his employees, massuers, massueses, or agents of
� them shall require each patron to identify himself by such sufficient
identification showing the true cocrect name, address and phone number of
said patron. The occupancy register or guest register shall be maintained
on the licensed prenises and open for inspection by officers, employees
and ag�ts of the City of Fridley, the State of Minnesota or the United
States government and must be maintained for a period of not less than two
years.
15. Price rates for all services shall be prominently posted in the
reception area in a location available to all prospective customers.
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Page 6— Ordinance No. 745
125.12
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1. Each licensed prenises shall have a separate restrocen, locker roan and
sYxnaets fcr r.�;�rs e� ea�.� se�.
2. All massage rooms, restrooms and bathrooms used in connection
therewith shall be constructed of materials which are impervious to
moisture, bacteria, mold or fum9us and shall be maintained in a sanitazy
condition defined as being completely free from the vegetative cells of
pathogenic microorganisns. The floor–to–wall and wall joints shall be
constructed to provide a sanitary cove witl� a minimwn radius of one inch.
All equip¢ient, personal propertyr beds, towels, clothing and the like used
in the massage parlor shall be of a sanitary design and kept in a sanitary
oondition.
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3. All restrooms shall be provided with mechanical ventilation with two
cfm per square foot of floor area, a hand washing sink equipped with hot
and cold running water under pressure, sanitary towels and a soap
dispenser,
4. Each licensed premises shall have a janitor's closet which shall
provide for the storage of cleaning supplies. Such closet shall have
mechanical ves�tilation of two cfm per square foot of floar area. Such
closet shall include a mop sink.
5. All roams in the licensed pzenises including but not limited to sauna
rooms, massage rooms, restrooms, bathroams, janitor's closet, hallways and
reception area shall be illuminated with not less than thirty foot candles
of illumination.
6, Floors, walls and equipment in massa9e rooms, restrooms and bathrooms
must be kept in a state of good repair and sanitary at all times. Linen
and other materials shall be stored at least twelve inches otf the floor.
Clean towels, wash cloths and linens must be available for each customer.
7. Individual lockezs shall be made available for use 6y patrons� with
each locker having seg3rate keys for locking.
8, 5uch licensed gremises shall provide adequate refuse recepticles which
shall be enptied as oft� as required,
9. The doors to the individual massage roams shall not be equipped with
any locking device nor shall they be blocked or obstructed from either
side of the door.
10. Main e�trance doors to the prenises and all inner doors ta rooms that
contain customers shall be unlocked at all times during business hours.
125.13 HEAL�I ADID DISFASE OON7�i0L
No person while afflicted with any disease in a commimicable £orm or while
a carrier of such disease or wounds, sores or any acute respiratory
infection shall work in or use the sezvices of any public massage room and
no person known or suspected of being afflicted with any such disease or
condition shall be �nployed or permitted in such area or capacity.
125.14 ItE,UOCATION� SUSPENSION OR NONRFS7EWAL OF LICfS]SE
The license iray be revoked, suspended or not renewed by the City Council
upon recotmrendation of the City Manager by showing that the licensee, its
ownezs, managers, enployees, ag�ts or any other interested parties have
engaged in any of the following conduct:
1. Fraud, deception or misrepresentation in connection with the securing
of the license.
2. Habitual drunke�ss or intenperance in the use of drugs including but
not limited to the use of drugs, defined in Minnesota Statutes, Section
618,01, barbituates, hallucinogenic drugs, amphetamines, benzedrine,
dexedrine or other sedatives, depressants, stimulants or tranquilizers,
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Page 7— Ordinance No. 745
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3. Ct>c�c3uct inirical to the ir,t�zests of tY:e Y,:biie heslth, saf€tY,
welfare and morals. •
� 4. Engaging in conduct involving moral turpitude or permitting or
allowing others within their pnploy or agency to engage in conduct
involving moral turpitude or failing to prevent agents, officers or
- enployees in engaging in conduct involving moral turpitude.
5. Failure to fully comply with any requiranents of the ordinances of the
City of Fridley regarding sanitary and safety conditions, zoning
requirements, building code requiz�n�s,ts or ordinances, the violation of
which involves moral turpitude, or failure to comply fully with any
requirements of this ordinance. -
6. Conviction of an offense involving moral turpitude by any court of
cong�etent jurisdiction.
7, E�gaging in any conduct which would constitute grounds for refusal to
issue a license therein.
The licensee may appeal such suspension, revocation or nonrenewal to the
City Council. The Council shall consider the appeal at the next regularly
scheduled Council meeting on or after ten days from service of the notice
of appeal to the City Manager. At the conclusion of the hearing, the
C.ouncil may ordes:
1. That the revocation, suspension or nonrenewal be affirmed.
2. That the revocation, suspension or nonrenewal be lifted and that the '
� certificate be teturned to the certificate holder.
3. The City Council may base either suspension or issuance of the
certificate upon any additional tecros, conditions and stipulations which
they may, in their sole discretion, impose.
125.16 PROHIBITID ACTS
No employer shall enploy a person to practice or administer massage nor
permit, suffer or allaa a person to practice or administer massage unless
that person has been granted a valid certificate pursuant to this
ordinance and every employec shall require that the certifications be
prominently and openly displayed on the pre�nises in plain view.
125.17 LIABILPPY FOR CRIMES OF AN(YyPAER
E�ery person who commits or attempts to commit, conspires to commit or
aids and abets in the comnission of any act constitutiing a violation of
this ordinance or any act, which constitutes an omission and, therefore, a
violation of this ordinance, whether individually or in connection with
one oz more persans or as a principal, agent or accessory, shall be guilty
� of such offense and every person who falsely, fraudulently forcibly or
willfully induces, causes, coerces, requires, permits or directs another
to violate any of the provisions of this chapter is likewise guilty of
such offense.
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Page B— Ordinance No. 745
� - 125.18 PE�IALTIF.�,
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, Wtbever does any act forbidden by this ordinarrce or omits or fails to do
any act required by this ordinaz�ce shall be guilty of a misdeneanor and is
subject to all penalties provided for such violations under the provisions
of Chapter 901 of the Fridley City Code.
PASSID ADID ADOPTID B]' 4fiE CITY COUNCIL OF TfiE CITY OF FRIDLEY THIS 22ND �
LtAY OF F�ARY, I982
������ �-� �✓�..��-
WILLIAM J. – MAYOR
ATPFST:
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Sm� �.�- ��� ��
First Reading : February 1, 1982
Second Reading: February 22, 1982
Publish : March 3, 1982
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