Ordinance 81-490AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE
OF MASSAGE PARLORS, SAUNAS, RAP PARLORS, CONVERSATION
PARLORS, ADULT ENCOUNTER GROUPS, ADULT SENSITIVITY
GROUPS, ESCORT SERVICES, MODEL SERVICES, DANCING SER-
VICES, HOSTESS SERVICES AND SIMILAR ADULT ORIENTED
SERVICES REQUIRING A LICENSE TO OPERATE SUCH BUSINESSES
AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION, ACQUI-
SITION, OPERATION AND MAINTENANCE OF THEIR FACILITIES AND
REPEALING SEC. 471 OF THE 1977 HOPKINS CODE OF
ORDINANCES.
BE IT ORDAINED by the City Council of the City of Hopkins as follows:
Section 1. STAThME NT OF POLICY: The City Council of the City of Hopkins
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
City 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
At 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..
The City 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, public 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 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 ordinance 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 shall be no
more than a total of two such licenses. In view of the above reasons, the City
Council further finds that no new licenses as the types described shall be issued
after August 1, 1982. In the case of commercial enterprises such as those described
above which are currently licensed, such establishments may be allowed to retain
their licenses but not beyond August 1, 1982, provided that the establishments do
not violate the provisions of this ordinance and that the City Council determines
that it is in the City's best interest to renew the licenses annually as pursuant
to the procedures outlined in this Ordinance.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 81 -490
Section 2. DEFINITIONS:
(a) The term "massage" means the rubbing, stroking, kneading,
tapping or rolling of the body of another with the hands,
or objects for the exclusive purpose of physical fitness,
relaxation, beautification and for no other purpose.
(b) The term "masseur" means a male person who practices or
administers a massage.
(c) The term_ "masseuse" means a female person who practices or
administers a massage.
(d) The term "massage parlor" means any establishment or place
providing to the public at large massage services, other than
a hospital, sanatorium, rest home, nursing home, boarding home,
or other institution for the hospitalization or care of human
beings duly licensed under the provisions of Minnesota Statutes,
Section 144.50 through 144.69, and other than a health and fitness
club as described in Section 19 of this ordinance.
(e) The term "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
(g
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.
The terms "rap parlor" or "conversation parlor" or "adult
encounter group" or "adult sensitivity group" means 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 simultan-
eously advertised, offered, sold, traded or bartered and
regardless of whether said goods or services are also required
to be licensed.
(h) The terms "escort service" or "model service" or "dancing
service" or hostess service" means 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.
(i) The term "similar adult oriented services" is meant to include
all other services which fall within the definitions of sub-
sections d -h of this section but are operated under different
names.
(j) The term "certificate" as used herein means a certificate
issued by the City authorizing the holder thereof to practice
or administer a massage in the City of Hopkins.
Section 3. LICENSE REQUIRED:
Subdivision A. No person shall engage in the business of operating 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 similar adult oriented service
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 group or adult encounter group
without a license.
Subdivision B. No person shall 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 unless such
establishment is licensed as provided in this section. Whenever any establishment
ceased to be licensed as a massage parlor, sauna, rap parlor, conversation parlor,
adult encounter groupt, adult sensitivity group or model service, escort service,
dancing service, hostess or similar adult oriented service, whether through the
suspension, cancellation, revocation, nonrenewal or lapse of its license, 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
similar adult oriented service.
Section 4. CONTENTS OF APPLICATION FOR LICENSE: Application for a license
shall be made only on the forms provided by the City Manager. Four 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 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 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 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.
If the application is made on behalf of a joint business venture, partnership
or any legally constitued 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. 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 al 1 creditors who have extended credit for the acquisition maintenance,
operation or furnishing of the establishment, 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. The application
shall also ocntain blueprints, diagrams, plans, layouts, and the like, showing
the construction, revision, remodeling, alteration or additions of or to the
premises and specifically showing the layout, design and arrangement of the bathing
and restroom facilities and the size and type of equipment and facilities to be
used. All applicants shall state any other licenses for which they have applied
within the last ten years and any denial, suspension or revocation of a license
along with any explanation of any such denial, suspension or revocation.
Section 5. LICENSE FEE, LICENSE INVESTIGATION AND LICENSE YEAR: The
annual license fee is $1,500.00 and the annual fee for the investigation for the
purposes of issuing a license if $1,500.00. 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 if 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 surrenderd, 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 City Council. A separate license shall be obtained each
year for such place of business. The licensee shall display the license on a
prominent place in 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 rust be tendered with each
new application for a license if the establishment has violated the provisions of
this ordinance or if the police department has received an inordinate number of
complaints concerning the establishment or if the City 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
license wherein addition or different parties other than the original licensee
and parties are proposing to be licensed. All licenses granted herein are non-
transferable.
Section 6 CONDITIONS GOVERNING ISSUANCE OF A LICENSE
(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 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
(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 trutfully with
the City in the review of the application.
(e) If the applicant is a natural person, a license shall be
granted only if such person is 18 years of age or older.
(f) Licenses may only be granted when the premises involved are
in complete conformity with the zoning code of the City of
Hopkins.
(g) Licenses shall be granted only to establishments which meet
the safety, sanitary and building code requirements of the
City of Hopkins.
(h) A license shall not be granted if granting the license
(1) would be inconsistent with the comprehensive development
plans of the City of Hopkins or (2) would otherwise have a
detrimental effect upon other property or properties in the
vicinity.
Section 7. CERTIFICATE REQUIRED: No person shall engage in or hold
him 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 first having obtained a certificate
as herein provided except that a certificate shall not be required for any person
who is currently registered by the State Board of Medical Examiners or except
as elsewhere provided in this ordinance.
Section 8. CONTENTS OF THE APPLICATION FOR CERTIFICATE: Application
shall be made only on forms provided by the City Manager. The application shall
include the following information together with any other information which the
City Manager may require:
(a) Evidence of the applicant's education qualifications, including
originals or certified copies of degrees, diplomas or certificates,
if any.
(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 persons, residents of Hennepin
County, who can attest to the applicant §:character.
(g)
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.
(f) Evidence in the form of a current certificate from a licensed
physician practicing in Minnesota indicating (1) that within
the past 30 days he has examined the applicant, and (2) that
such examination was for the purpose of determining whether
applicant had any communicable disease and (3) that as a result
of such examination he believes that applicant is not suffering
from any communicable disease.
Evidence that the applicant is at least 18 years of age.
Section 9. CERTIFICATh FEE, CERTIFICATE INVESTIGATION FEE AND CERTIFICATE
YEAR The annual certificate fee shall be $50.00 and an investigation fee for the
purposes of issuing a certificate is $100.00. The certificate fee and fee fbr
the investigation of the certificate shall be paid when the application is filed.
In the event that the certificate is denied upon application, the certificate
fee shall be refunded, however, no part of the certificate investigation fee
shall be returned to the applicant. In the event that the certificate, once
issued, is revoked, cancelled or surrendered, no part of the annual certificate
fee or fee for the investigation for the issuance of a certificate shall be re-
turned to the applicant unless by express action of the City Council. A separate
certificate shall be obtained each year. The certificate holder shall display the
certificate on a prominent place in the premises of the certificate holder at all
times. A certificate, 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
g certificate must be tendered with each new application for a certificate if the
applicant has violated the provisions of this ordinance. A certificate permitting
the holder thereof to practice massage is nontransferable.
Section 10. CONDITIONS GOVERNING ISSUANCE OF THE CERTIFICATE:
(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 responsibility of the occupation.
(c) Certificates shall not be issued to persons who, within one 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 certifi-
cation investigation fee.
(e) Certificates shall be issued only to persons 18 years of age or
older.
Section 11. GRANTING OR DENIAL OF LICENSES AND CERTIFICAl'ES: License
applications and certificate applications shall be reviewed by the Police Department,
Inspection Services Department, Planning Department, Fire Department, and such other
departments as the City Manager shall deem necessary. The review of license appli-
cations shall include an inspection of the premises covered by the application to
determine whether the premises conform to all applicable code requirements. Licenses
shall be issued upon the approval of the City Council only after a public hearing
has been conducted.
A certificate pelmitting the holder thereof to practice or administer
massage commercially is nonrenewable and nontransferable and application must
be made each year for a certificate permitting and allowing the holder thereof
to administer or practice massage for the succeeding year.
Section 12. RESTRICTIONS AND REGULATIONS:
(a) The licensee and any persons in his or her employ or agents or
officers thereof and any and all persons with an interest in said
business shall comply with all applicable ordinances, regulations
and laws of the City of Hopkins, 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 inspect ion of every
part of the premises by any police, fire or health authority of
the City during normal business hours four times each year. Re-
fusal to allow such inspection or to answer the request of City
police, fire or health authority to be admitted to a licensed
premises shall be grounds for suspension or revocation of all
licenses.
(d) The licensed premises shall not be open for business nor shall
patrons be permitted on the premises between the hours of 8:00 P.M.
and 8:00 A.M. on any day.
(e) Upon demand of any police officer, any person employed in any
licensed premises shall identify himself by giving his true
legal name ar.d his correct address.
(f) No person under 18 years of age shall be employed in an
establishment requiring a license under the provisions of this
ordinance.
(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 Depart
ment 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 like used in or for the
licensed premises shall also be maintained in a sanitary condition
as defined herein.
(j)
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,
except as otherwise provided in this ordinance.
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 for
identification purposes. One copy of the photograph shall be
permanently affixed to the certificate and a second copy thereof
shall be kept in the files of the Police Department.
(k) Except as otherwise provided in this ordinance, any person
acting as a masseur or masseuse shall have his or her certificate
displayed in a prominent place at his or her place of employment
and upon demand by any police officer or other authorized officer
or agent of the City of Hopkins, any person engaged in practicing
massage shall identify himself or herself giving his or her true
legal name, correct address and phone number.
(1) Except as otherwise provided in this ordinance, any person practicing
massage within the City of Hopkins 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 30 days of such change.
(m) Except as otherwise provided in this ordinance, it is unlawful
for a masseur to practice massage upon any person except a male
and for a masseuse to practice massage on any person except a female.
(n) Any masseur or masseuse practicing massage shall remain fully
clothed in a nontransparent uniform or clothing at all times.
At all times during the operation of any rap parlor, conversation
parlor, adult encounter group, adult sensitivity group, model
service, escort service, dancing service, hostess service or
similar adult oriented service, both employees and customers
must be and remain fully clothed in non transparent clothing.
Section 13. CONSTRUCTION AND MAINTENANCE REQUIREMENTS
(a) Each licensed premises shall have a separate restroom and
separate locker room for members of each sex.
(b) All massage rooms, locker rooms, restrooms and bathrooms used in
connection therewith shall be constructed of materials, including
ceramic tile, quarry tile, smooth finish cement block or other
similar material, which are impervious to moisture, bacteria,
mold or fungus growth and shall be maintained in a sanitary
condition defined as being completely free from the vegetative
cells of pathogenic microorganisms. The floor-to-wall joints shall
be constructed to provide a sanitary cove with a minimum radius of
one inch. 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.
(c) All restrooms shall be provided with mechanical ventilation
meeting the ventilation requirements of the building code, a
hand washing kink oyu i aped with hot and cold running water
under pressure, sanitary towels and a soap dispenser.
(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 30 foot candles of illumination.
(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 12 inches off of the floor. Clean towels, wash-
cloths and linens must be available for each customer utilizing
the sauna or shower facilities.
(g) Individual lockers shall be made available for use by patrons.
Such lockers shall have separate keys for locking.
(h) Such establishments shall provide adequate refuse receptacles
which shall be emptied as required.
Section 14. HEALTH AND DISEASE CONTROL: No person while afflicted with
disease in a comm form or while a carrier of such disease or while
_a..f ;.licted with boils, infected wounds, sores or any acute respirator infection
shall work in or use the services of any licensed premises and no person known
<�r suspected of being afflicted with any such disease or conditions shall be
112p ed or permitted in such area or capacity.
Section 15. REVOCATION, SUSPENSION OR NONHENEWAL OF LICENSE: The license
may be revoked, suspended or not renewed by the City Council upon recommendation
a' the City Manager 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 of intemperance 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.
Engaging in conduct involving moral turpitude or permitting or
allowing others within their employ or agency to engage in
conduct involving moral 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 ordinances
of the City of Hopkins regarding sanitary and safety conditions,
zoning requirements, building code requirements or ordinances,
the violation of which involves moral turpitude, or failure to
comply fully with any requirements of this ordinance.
(e) Conviction of an offense involving moral turpitude by any court
or 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.
The licensee may appeal such suspension, revocation or nonrenewal to the
City Council. The Council shall consider the appeal at the next regularly scheduled
`ouncil meeting on or after ten days from service of the notice of appeal to the
City Manager. At the conclusion of the hearing, the Council may order:
7
(a) That the revocation, suspension or nonrenewal be affirmed.
(b) That the.revocation,suspension or nonrenewal be lifted and that
the license be returned to the license holder.
(c) The City Council may base either suspension or issuance of the
certificate upon any additional terms, conditions and stipulations
which they may, in their sole discretion, impose.
Section 16. REVOCATION, SUSPENSION OR NONRENEWAL OF CERTIFICATE:
Certification may be revoked or suspended by the City Manager or not renewed by
the City Council for any of the following:
(a) Fraud, deception or misrepresentation in connection with the
securing of 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 618.01, barbituates, 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 ordinance.
(f) Conviction of an offense involving moral turpitude.
The certificate holder 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 Council may order:
(a) That the revocation, suspensior nonrenewal be affirmed.
(b) That the revocation, suspension or nonrenewal be lifted and that
the certificate be returned to the certificate holder.
(c) The City Council may base either suspension or issuance of the
certificate upon any additional terms, conditions and stipulations
which they may, in their sole discretion, impose.
Section 17. PROHIBITED ACTS: Except as provided elsewhere in this
111; ordinance, no employer shall 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 ordinance and every
employer shall require that the certification be prominently and openly displayed
on the premises in plain view.
Section 18. MASSAGE DISTINGUISHED: The practice of massage is hereby
declared to be distinct from 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, athletic directors and
trainers are hereby expressly excluded from the provisions of this section. 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,ol
places of business, for the purpose of beautification only shall be exempt from the
provisions of this section.
Section 19. EXCEPTIONS: This ordinance does not apply to bona fide
health /sports establishments which meet the following criteria:
(a) The establishment has conducted business in the City. of Hopkins
for three years and is in good repute.
(b) The primary purpose of the establishment is health and fitness;
massage service is subsidiary.
(c) No more than 20% of the establishment revenue is derived from
massage.
(d) The financial records of the establishment are at all
times available to the City for inspection.
(e) The establishment has an ongoing membership whicij list is
available to City officials for inspection at any time.
Establishments which meet the above provisions shall not be required
to pay the annual license fee or investigation fee, unless specifically
ordered by the City Council. Masseurs and masseuses employed by such
establishments are not required to be certified under this ordinance.
In addition, this ordinance does not apply to nor include bona fide
legal, medical, psychiatric, psychological, family or marriage counseling
services by a person, persons or businesses appropriately licensed by the
State of Minnesota, by local units of government or any other appropriate
licensing authority nor does this ordinance apply to bona fide financial
counseling services or bona fide educational institutions completely comply-
ing with State and local regulations or the regulation of any licensing
authorities nor does it apply to bona fide churches, synagogues or institu-
tions or organized religions or to seminars, panel discussions or group
classes sponsored by bona fide religious institutions or educational insti-
tutions.
Section 20. SEPARABILITY: Every section, provision or part of
this ordinance is declared separable from every other section, provision or
part to the extent that if any section, provision or part of this ordinance
shall be held invalid, such holding shall not invalidate any other section,
provision or part thereof.
Section 21. PENALTIES. Whoever does any act forbidden by this
ordinance or omits or fails to do any act required by this ordinance shall
be guilty of a misdemeanor and upon conviction thereof by lawful authority,
be punished by a fine not to exceed $500.00 and by imprisonment not to ex-
ceed 90 days or both or any combination of either. Each day that a violatio]
exists constitutes a separate and distinct offense.
Section 22. 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 ordinance or any act,
which constitutes an omission and, therefore, a violation of this ordinance,
whether individually or in connection with one or more persons or as princi-
pal, 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.
0
Section 23. REPEAL OF ORDINANCE: Section 471 of the 1977 Hopkins
Code of Ordinances is hereby repealed and this ordinance is hereby adopted
in lieu of provisions in Section 471 of the Hopkins 1977 Code of Ordinances
and substituting this ordinance in place thereof.
First, read at a regular meEtiing r of the Counci of the City of Hopkins
on March 17; 1981 pnd finally passed and .adote and ordered published at
Y P P P
a regular meeting of the Council held on April 7, 19 5
H.E. RICHARDSON,
City Clerk
JOSEPH C. VESELY,
City Attorney
Published in the HOPKINS SUN, April 15, 1981.
RRE A. MILLER;
Mayor