CR 01-85 Ordinance 2001-857 Repealing Section 1160 in it's entirety and Amending Sections 1165 & 1185
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June 28, 2001
Council Report 2001-85
Ordinance 2001-857
Ordinance Repealing Section 1160 in its Entirety and
Amending Sections 1165 and 1185
Proposed Action
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Staff recommends adoption of the following motion: Move to adopt Ordinance 2001-857 for
first readinQ.
Overview
In the fall of 1999, the City Council adopted Ordinance 99-831, regulating massage. Section
1160 of the Hopkins City Code also regulates massage as well as other adult oriented
businesses. It regulates by not allowing. Because of the addition of Section 1185, the
regulations on massage that are contained in Section 1160 no longer apply.
Looking at Section 1160, the first part goes through the policy and regulation. The Section on
Regulation states that no new licenses will be issued. Those businesses that were licensed on
August 1, 1982 were allowed to continue. It has been established that we cannot disallow
these types of businesses, but we can regulate them through zoning and through licensing.
Section 1165 regulates adult businesses in specific zoned areas and sets a license fee of
$10,000.
Primary Issues to Consider
What has been moved to Section 1165.
What has been left out.
. Why change the title of Section 1185
Have the changes been reviewed by an attorney
Supportina Information
Ordinance 2001-857
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Terry Obermaier, City Clerk
Financial Impact: $ Budgeted: Y/N
Related Documents (CIP, ERP, etc.):
I Notes:
Source:
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Council Report 2001-857
Page 2
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Primary Issues to Consider
What has been moved to Section 1165?
The section contains definitions of the types of businesses that are being regulated.
Those businesses are massage services; sauna; rap or conversation parlors, adult
encounter or sensitivity groups; escort, model, dancing or hostess services; and similar
adult oriented services.
The definitions that are listed have been incorporated in Section 1165, Adult
Establishments. They are now allowed under this section, but a license with a fee of
$10,000 is required and the locations where such businesses can be located are limited.
What has been left out?
Other parts of section 1160 deal with massage services that could be certified and how
those businesses were to be conducted. There were no inspection requirements, nor
were there education requirements. Massage services are now covered in section 1185.
Other portions of the section deal with licensing procedure. They are very similar to
portions of 1165.
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Why change the title of Section 1185?
Section 1185 is now the only section that regulates massage. Some might read the title
and assume that this section regulates a type of massage, but not all massage. By
removing the word "Therapy", we are saying that this section regulates massage. The
title is all inclusive.
Have the changes been reviewed by an attorney
The changes were discussed with Mary Tjietian of Kennedy and Graven. Jim Thompson
originally discussed the changes with staff and suggested that Ms. Tjietian look at all of the
ordinances. Kennedy and Graven is the firm that assisted the City with the Adult Establishment
ordinance.
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CITY OF HOPKINS
Hennepin County I Minnesota
ORDINANCE 2001 - 857
ORDINANCE REPEALING SECTION 1160 IN ITS ENTIRETY AND
AMENDING SECTIONS 1165 AND 1185
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 1160 - Saunas, Massage, Adult Oriented Services is hereby repealed in its
entirety.
Section 2. Section 1165 is amended as follows:
The following definitions are added under section 1165.03:
Rap or conversation parlor; adult encounter or sensitivity group. The terms "rap parlor" or
"conversation parlor" or "adult encounter group" or "adult sensitivity group" mean any person,
establishment or business advertising, offering, selling, trading or bartering the services of itself, its
employees or agents as nonprofessional 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.
Escort, model, dancing or hostess service. The terms "escort service" or "model service" or
"dancing service" or "hostess service" mean any person, establishment or business 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.
Sauna. The term "sauna" means any public facility used for the purpose of bathing, reducing or
relaxing, utilizing steam as a cleaning, reducing or relaxing agent.
Similar adult oriented services. The term "similar adult oriented services" is meant to include all
other services which fall within the definitions of subdivisions 4 through 7 of this subsection but are
operated under different names.
Section 1165.17 will be amended as follows:
Foes. Fees shall be set by City Couneil Resolution. Subd. 4. License fee and investigation;
license year. The license fee and the investigation fee are set by City Council resolution. The license
fee and fee for the investigation of the license shall be paid when the application is filed. -In the
event that the license is denied upon application, the license fee shall be refunded; however, no part
of the license investigation fee shall be returned to the applicant. In the event that the license once
issued is revoked, cancelled or surrendered, no part of the annual license fee or fee for the
investigation for the issuance of a license shall be returned to the applicant unless by express action
of the council. The licensee shall display the license in a prominent place on the licensed premises 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 if the establishment has violated the provisions of this section or if the
Section 1165
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police department has received an inordinate number of complaints concerninQ the establishment or
if the council should act requirinQ that the investiQation fee be paid. The investigation fee must also
be paid at any time when there is a proposed chanQe of ownership or reapplication for a license
wherein addition or different parties other than the oriQinal licensee and parties are proposing to be
licensed.
Section 1165.28 is added as follows:
Liability for the crimes of another. Every person who commits or attempts to commit, conspires to
commit or aids and abets 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, 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 section is likewise guilty
of such offense.
Section 3.
Section 1185 of the Hopkins City Code shall be amended to read as follows:
Section 1185 - Regulation of Massage Therap','
Section 4.
First Reading:
Second Reading:
Date of Publication
Date Ordinance Takes Place
Eugene JMaxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
Section 1165
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