Memo - Second Reading of Ordinance 2001-857
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CITY OF HOPKINS
tt MEMORANDUM
To:
Hopkins City Council
From:
Terry Obermaier
Date:
July 12, 2001
Subject:
Second Reading of Ordinance 2001-857
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2001-857 for second reading and order publication.
This is the second reading of an ordinance that repeals section 1160 and makes changes to
Section 1165 and 1185.
A copy of the ordinance is attached.
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police department has received an inordinate number of complaints concerning the establishment or
if the council should act requiring that the investigation fee be paid. The investigation fee must also
be paid at any time when there is a proposed change of ownership or reapplication for a license
wherein addition or different parties other than the original 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 Thorapy
Section 4.
First Reading:
Second Reading:
Date of Publication
Date Ordinance Takes Place
Eugene J Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
Section 1165
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CITY OF HOPKINS
Hennepin County, 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 Section 1160 - Saunas, Massage, Adult Oriented Services is hereby repealed in its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:
Fees. Fees shall be set by City Counoil 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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