Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. SAUNA. A steam bath used for the purpose of bathing, relaxing or weight reduction, utilizing steam as the agent therefor.
B. SAUNA PARLOR. Any room or rooms wherein persons may, for a fee or other consideration paid either directly or indirectly, receive a sauna.
C. MASSAGE. The practice of rubbing, stroking, kneading, tamping or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness or beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse who works solely under the direction of such person, physical therapist, athletic director and trainer or beautician and barber who confine their treatment to the scalp, face and neck.
D. MASSAGE PARLOR. Any room or rooms wherein persons may, for a fee or other consideration paid either directly or indirectly, receive a massage.
E. MASSEUR. A male person who, for compensation, practices massage.
F. MASSEUSE. A female person who, for compensation, practices massage.
Subd. 2. License required. It is unlawful for any person to operate a sauna parlor or a massage parlor without a license therefor from the city. It is unlawful for any person to practice massage in any place, except upon licensed premises.
Subd. 3. License application.
A. All initial applications for licenses to operate sauna parlors or massage parlors shall be accompanied by a non-returnable investigation fee. Applications shall contain the names and addresses of the owners, lessees and operators of the applicant, together with a description and location of the premises.
B. The application shall also include information as to any convictions of any crime or offense committed by the applicant, together with other information as the Council may require before consideration of the application. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. An investigation by the Building Inspector shall be conducted of all premises proposed to be licensed before consideration by the Council. The Police Department shall conduct an investigation of all persons proposed to be licensed before consideration by the Council. All applications shall thereafter be considered by the Council.
Subd. 4. Exception. This section shall not apply to a health care facility:
A. Owned by a municipal corporation organized under the laws of the state;
B. Owned by the state or any of its agencies; or
C. Licensed by the state.
Subd. 5. Restrictions and regulations.
A. Licenses shall be granted only for operation upon fixed premises which must be located in a commercial or industrial district as established by the zoning laws of the city;
B. Licenses shall be granted only upon a showing of compliance with all laws of sanitation;
C. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by state statutes or the City Code, shall be permitted on licensed premises;
D. Violation of any law or regulation relating to building, safety or health shall be grounds for revocation of any license;
E. Only masseurs and masseuses who are licensed by the city shall practice massage;
F. Repealed; and
(Ord. 337, Second Series, passed 2-6-95)
G. No sauna or massage parlor shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry.
Subd. 6. Construction and maintenance requirements.
A. All sauna rooms and restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold and fungus growth. The floor-to-wall and wall-to-wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch. There shall be no locks on doors of sauna rooms or massage rooms nor on any other room in the licensed premises, except on one business office, closets for the storage of supplies and toilet rooms.
B. All toilet rooms used in connection with saunas shall be provided with mechanical ventilation with two cfm per square foot of floor area, a minimum of 30 foot candles of illumination, a hand washing sink or sinks equipped with hot and cold running water under pressure, sanitary towels and soap dispenser.
C. Each sauna shall have a janitor’s closet which shall be provided for the storage of cleaning supplies. The closet shall have mechanical ventilation with two cfm per square foot of floor area and a minimum of 30 foot candles of illumination. The closet shall include a mop sink.
D. Floors, walls and equipment in sauna rooms, in restrooms and in bathrooms used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be made available to each customer.
E. Individual lockers shall be made available for use by patrons. The lockers shall have separate keys for locking.
F. The premises shall contain adequate refuse receptacles, which shall be emptied at least daily.
Subd. 7. Unlawful acts.
A. It is unlawful for any licensee to fail to, at all times, observe all restrictions, regulations and maintenance requirements contained in this section.
B. It is unlawful for any licensee to be open for business between the hours of 1:00 a.m. and 8:00 a.m. of any day, or to permit any patron to be present upon licensed premises after 2:00 a.m. and before 8:00 a.m. of any day.
Subd. 8. License condition and unlawful act.
A. All premises licensed under this section shall, at all times, be open to inspection by any health or police officer to determine whether or not this section and all other laws are being observed. All persons, as a condition to being issued a license, consent to an inspection by such officers and without a warrant for searches and seizures.
B. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police or health officer from making the inspection.
Subd. 9. Resident manager or agent.
A. Before a license is issued under this section to an individual who is a non-resident of the city, to more than one individual whether or not they are residents of the city, or to a corporation, partnership or association, the applicant or applicants shall appoint, in writing, a natural person who is a resident of the city as its manager or agent.
B. The resident manager or agent shall, by the terms of his or her written consent:
1. Take full responsibility for the conduct of the licensed premises; and
2. Serve as agent for service of notices and other process relating to the license.
C. The manager or agent must be a person who, by reason of age, character, reputation and other attributes, could qualify individually as a licensee. If the manager or agent ceases to be a resident of the city or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to the appointment shall be subject to revocation or suspension.
(`80 Code, § 6.40) Penalty, see § 1.99