2013-1061 Interim Ordinance prohibiting Massage Therapy EstablishmentsCITY 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.
Ordinance No. 2013-1061 -2-
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.
Ordinance No. 2013-1061 -3-
Section 6. Effective Date.
This Interim Ordinance shall be effective the day of its publication.
First Reading:
Second Reading:
Date of Publication:
ATTEST:
`t"— 4
Kristine Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
4n !G-- 3 t 3
ity Attorn4 Signature Date
April 16, 2013
May 7, 2013
May 16, 2013
By: &t5t�—z
Eug ne rMaxwell, Mayor