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Ordinance No. 0757 09-27-1982� � � � � ��nc� ; .: : • � r•�ur�.;r: •��i� ',� �:��ir'� •: :,� •- .:i• • n :; w ���: ::� . :� i � :� r.� r.- , �•.. � 111: ' 9': � 1; �' •:/.�; I; •}yL` I� 7:M I�;+ 1: M �� I��� • M � ' 11�.. �� }. �j'i; 1 •__• I V���'' "r:1 •.' 'f'. w' �e City Coimcil of the City of Fridley de��s it x�eoessary to prwide for the special and express regulation of husinesses or oo�anercial enterprises which operate as massage parlors, saunas and similar adult orientated services operating �der differ�t names in order to protect ti�e public health, safety and welfare and to guard against the inception and transmission of disease. �e City Coimcil further finds tl�at oamnercial enterprises such as the type described above, and all other similaz establishments whose services include sessions offered to adults, conducted in �ivate by manbers of the same or the opposite sex, and-smploying personnel with no specialized training, are susceptible to �ecation in a mannez contiavening� subvertin9 oz endangering tl�e morals of the oamo�ity by being tl�e site of acts of prostitution, illicit sex and occasions of violent crimes, thus requiring close inspection, licensing and tegulation. The City Council also finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, requize intensive efforts b�+ the Police Degart�nent, Public Aealth Sanitazian and other degsrtrnents of the City. As a wnsequence, the corx�ntrated use of City servioes in suc3� control detracts from and reduces the level of service available to the rPSt af the ooanrnmity and tl�ere� diminishes the ability of the City to pranote the general health, welfare and safety of the community. In consic3eration for the neoessity on the part of the City to prwide ntmierous services to all sec�nents of the oammmity, witY�out a concentration of public services in one area working to the detriment of the members of the general public, the nwnber af sa�ma and massage parlor lioenses whic�h may be in force at ariy one tiroe shall be two, for oam��ercial Yxasinesses, 125.02 II�Il�L'1'IDIS 6, xassage Parlo�r. Any Fxenises at or in whi� massage is performed. 7Y�e practice of massage is hereby declared to be distinct from the practice of inedicine, surgery, osteopathy, chiropractic, physical therapy, or pediatry and persons duly licensed in this state to pzactice medicine� sutgety, osteopathy, ci�iropractic, physical ti�erap�, oc pediatry, and nurses who work solely under the direction of such persons, are hereby expressly excluded from the pravisions of this chapter. Beauty culturists and barbers who do not give, or hold thenselves out to give, massa9e treatments, as defined herein, other than is custanarily given in suci� shoQs or places of business, for the purpose of beautification only shall be exanpt fran �e prwisions of this section. �, r �� � tf � PAGE 2- OgtDINAN(� ND. 757 - 1982 e1 v Athletic directors and trainers who perform massages in the course of any athletic progr�n or event whici� is sponsored by a local unit of government, bona fide educational institution oanplying with State or local regulations, bona fide c3�urdies, synagogues or institutions of organized religion or bona fide, non-profit civic organizations are expressly excluded from the requirenents of this ordinance provided that the perf orming of massages is subsidiary to the performing of other servioes and tasks. 1 � �/ '�Y'n �' �'� I•. '1'.' •}'``I' Appli�tion For license �all be made only on ti�e forms provided by the City Manager. Four oanplete oopies of the application shall be furnished to the offioe of the City Qerk containing the addr�s and legal description of the property to be used, the names, addresses and phone numbers of the owner, lessee, if any, and the operata�r or manager, �e name, address and telephone nwnber of two persons, who shall be rasidents of Anoka County and who may be called upon to attest to tl�e applicant's, manager's or operator's character; whether ti�e a�l.i�nt, mNnager 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 dispositi on thereo�; the names and addresses of all creditors of tl�e applicant, owner, lessee, or manager insofar as and zegarding credit whic3i has been extended for the purposes of constructing; equipping, maintaining, operating or furnishing or acquiring the prenises, personal effects, �,;pnent or anything incident to the establishment, maintenance and operation of a massage parlor oz massage establistunent. If the application is made on behalf of a corporation, joint business venture, partnership or any legally constituted business association, it shall sutmit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interast in the business, including partners, officers, owners and creditors furnishing credit for the establishment, acquisition, maintenance and furnishing of said business and� in the case af a corporation, tY�e names and addresses of all officers, general managers, members of the t�oard of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation or furnishing of the establishment including the purchase or aoquisition of any items of personal property for n� in said operation. 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 intetest in the prenises upon which the building is proposed to be located or the furnishings thereof, personal property thereaf, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreanents and any other dociunents establishing the interest of the applicant or any other person in the operati on, acquisition or maintenance of the enterprise offering a massage. The application shall also contain blueprints, diagra¢ns, plans, layouts and the like showing the construction, revision, renodeling, alteration or additions of or to the pr gnises and specifically showing the layout, design and arrangement of the bathing and restroom facilities and the size and type of �,;gnent and facilit�es to be used. , � � � PAGE 3- CHtDINAN(E N0, 757 - 1982 � � ��,,�i4yir.. e��l:•:�,n: �.-'.-_ir-r:i�;9 1. Certificat� shall be issued only to persons of 9ood moral character and repute and persons who are in good health and itee from any communicable diseases whidi would disqualify the appliwnt frcm engaging in the practioe of massage. 125.11 R�'IItIQIII[� 1� RH�1,7.�5 5. Et�ery licensee shall permit and allow an examination and inspection of every part of the prenises by an police, fire or health autharity of the City during normal b�siness hours six times each year. Refusal to allaw such inspection or to answes the request of City police. fire or health authority to be admitted to a licensed psanises shal.l be grounds for suspension or revocation of all licenaes. i! � V.� H `I�C�' };. 1• �' � I' : � li'I� 1'/ •? �:�' �e lioense may be revoked, suspended or not renewed � the City Council upon reoam�dation of the City Manager by showin9 that Yhe licensee, its ownezs, managers, anployees, agents or arry other inter�ted parties, as eniunerated in Section 125.04 with the exception of creditors have enga9ed in any of the following wnduct: 125.19 SEVHUlBIL13Y �ery section, �xwision or part of this ordinance is declared separable fram evezy othez section, provision or pazt to the extent that if any section, Fxwision, or part of this ordinance shall be held invalid, such holding shall not invalidate any other section, prwision or part tl�ereof. PASSED AND ADOPPED BY �iE QTY QXTNCIL OF TAE CITY OF FRIDI,EY 'iHIS 27'ifl DAY OF SFPTFS�BII2, 1982. ATTFST: �'t_��� � --�-^^----._ SIDNEY C. IIa171N - CITY Q.II2R First Reading: Second Reading: Publish: 2/2/3/17 Septenber 13, 19ffi Septenber 27, 19ffi October 6, 1982 ���/�.�i-Gf.v"`,-,� ��L��'�__ WIIS�IAM J. NEE� MAYOR � Y^ � �