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Second Reading for Ordinance 2013-1061 - MassageMEMO To: City Council From: Nancy Anderson Date: April 30, 2013 Subject: Second Reading for Ordinance 2013-1061 Attached are Ordinance 2013-1061 and the Ordinance summary for the second reading. This ordinance will place a moratorium on massage licenses within the City. The City Council's action is to approve the ordinance for second reading, approve the summary of the Ordinance and order the summary to be published. Attachment: - • Ordinance 2013-1061 • Summary of Ordinance 2013-1061 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2013-1061 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS AND PROHIBITING MASSAGE THERAPY ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Background and Findings: 1.01 The City Council has the power to adopt ordinances to provide for the governance and good order of the city, the prevention of crime, the protection of public and private property, the benefit of trade and commerce, and the promotion of health, safety, order, convenience, and the general welfare. 1.02 Currently, massage therapy establishments are permitted in the B-1, B-2, B-3 and B-4 zoning districts in the City of Hopkins, and are also allowed as an accessory use in other zoning districts. 1.03 The City has recently had some illegal activity in massage therapy establishments. 1.04 Therefore, the City Council finds that there is a need for an interim ordinance to be adopted prohibiting massage therapy establishments pending the completion of a planning study for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's zoning ordinance while City staff completes such a study. The City Council also finds that there is a need to prohibit any new licenses for massage therapy establishments until a study has been completed and any modifications to the City's ordinances have been adopted. Therefore, it is not the intent of this ordinance to prohibit any business that has a massage therapy establishment license at its current location and is operating lawfully and in accordance with all state, federal and municipal regulations, at the time of the adoption of this ordinance from renewing such a license at that location, but rather to maintain the status quo during the pendency of the planning study. 1.05 Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the Planning Study is being conducted. 1 Section 2. Planning and Zoning Study /Moratorium. 2.01. A study is authorized to be conducted by City staff to determine whether it is necessary to amend the City's Existing Ordinances, Regulations and Official Controls or adopt new ordinances relating to massage therapy establishments. The scope of the study should include, but is not limited to, the following: a. the particular zoning districts in which such use should be allowed as either permitted use or conditional use and the specific conditions which should be applicable to massage therapy establishments as a conditional use; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; and, d. the need, if any, for modifications to the City's official controls or licensing regulations regarding such uses. Section 3. Moratorium A moratorium is hereby adopted and enacted prohibiting the establishment of any new massage therapy establishment as a permitted or accessory use within the City of Hopkins. Pending the final effective date of this Ordinance, no new licenses for massage therapist or massage therapy establishments shall be issued. This moratorium shall not prohibit license renewals of current license holders at their current locations. This Interim Ordinance is adopted for the purpose of protecting the planning process pending completion of the planning study and the review of the completed planning study by the City Council. This Interim Ordinance and the moratorium imposed hereby shall remain in effect until the date that is one year after the effective date of this Interim Ordinance, or such earlier date as may hereafter be established by an Ordinance duly adopted by the City Council. The term of this Interim Ordinance and the moratorium imposed hereby may be extended for a reasonable period of time by Ordinance as may be necessary to complete the planning study authorized hereby and to adopt any necessary modifications to the City's Ordinances, Regulations and Official Controls. Section 4. Enforcement. The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy, including, but not limited to, remedies and enforcement procedures provided in the statutes of the State of Minnesota or Ordinances of the City of Hopkins, in any Court of competent jurisdiction. Section 5. Severability. Every section, provision or part of this Interim Ordinance is declared severable from every other section, provision or part, and if any portion of this Interim Ordinance is held invalid or unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part of this Interim Ordinance. E Section 6. Effective Date. This Interim Ordinance shall be effective the day of its publication. First Reading: April 16, 2013 Second Reading: Date of Publication: ATTEST: Kristine Luedke, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date 3 May 7, 2013 May 16, 2013 Eugene J. Maxwell, Mayor CITY OF HOPKINS COUNTY OF HENNEPIN SUMMARY OF ORDINANCE NO. 2013-1061 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS AND PROHIBITING MASSAGE THERAPY ESTABLISHMENTS Summary: A moratorium is hereby adopted and enacted prohibiting the establishment of any new massage therapy establishment as a permitted or accessory use within the City of Hopkins. Pending the final effective date of this Ordinance, no new licenses for massage therapist or massage therapy establishments shall be issued. This moratorium shall not prohibit license renewals of current license holders at their current locations. This Interim Ordinance is adopted for the purpose of protecting the planning process pending completion of the planning study and the review of the completed planning study by the City Council. This Interim Ordinance and the moratorium imposed hereby shall remain in effect until the date that is one year after the effective date of this Interim Ordinance, or such earlier date as may hereafter be established by an Ordinance duly adopted by the City Council. The term of this Interim Ordinance and the moratorium imposed hereby may be extended for a reasonable period of time by Ordinance as may be necessary to complete the planning study authorized hereby and to adopt any necessary modifications to the City's Ordinances, Regulations and Official Controls. Effective Date: This ordinance shall take effect upon publication. A full copy of the text of this ordinance is available from the City Clerk. /s/ Eugene Maxwell, Mayor Attest: /s/ Kristine Luedke, City Clerk Published in the Sun Sailor: May 16, 2013