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ORDINANCE NO. 372
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 10
OF THE LAKEVILLE CITY CODE CONCERNING
COMMERCIAL ADULT-ORIENTED SERVICES
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
section 1. Title 3, Chapter 10 of the. Lakeville City Code
is amended in its entirety to read as follows:
3-10-15 PURPOSE:
A. Policy Statement. In order to protect the public health, safety,
and welfare and to guard against the inception and transmission
of disease, the City Council deems it necessary to provide for
the regulation of massage parlors., saunas, .rap parlors,
conversation parlors, adult sensitivity groups, adult encounter
groups, personal escort services, dancing services, hostess
services, and similar adult-oriented services operating under
different names. The City Council further finds that experience
from other cities demonstrates 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 in a manner contravening, subverting, or endangering
the morals of the community by being the sites of acts of
prostitution, illicit sex, .and occasions of violent crimes, thus
requiring close inspection, licensing, and regulation.
3-10-2: DEFINITIONS: As used in this Chapter, the terms defined in
this section shall have the following meanings ascribed to
them:
MASSAGEa 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.
MASSEUR: A male person who practices or administers a
massage.
MASSEUSE:. A female person who practices or administers a
massage.
MASSAGE PARLOR: Any establishment or place providing to
the public at large massage services, other than a hospital,
sanitarium, rest home, nursing home, boarding home, or other
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institution for the hospitalization or care of human beings duly
licensed under the provisions of Minnesota Statutes 114.50 through
144.69, and other than a health and fitness club as described in
subsection 3-10-20 of this section.
MASSAGE SERVICES: A business offering or providing
.massages to others where a fee is charged, whether or not the massage
services are rendered at the licensed location.
SAUNA: A public facility used for the purpose of bathing,
reducing or relaxing, which utilizes steam and/or hot water as a
cleaning,. reducing or relaxing agent.
RAP PARLOR, CONVERSATION PARLOR, ADULT ENCOUNTER PARLOR,
and ADULT SENSITIVITY GROUP: Any person, establishment or business
advertising, offering, selling, trading, or bartering the services. of
itself, or its employees or agents as nonprofessional counselors, or
teachers or therapists who may talk to, discuss, or have conversation
with patrons or who .deal in any way with a 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.
PERSONAL ESCORT SERVICE:, MODEL SERVICE, DANCING SERVICE,
and HOSTESS SERVICE: Any person, establishment, or business
advertising, offering, selling, trading, or bartering the services of
itself or 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.
SIMILAR-ADULT-ORIENTED SERVICES: includes all other
services. which fall within the definitions of subsection 3-10-2, but
are operated under different names.
CERTIFICATE: A certificate issued by the City authorizing
the holder thereof to practice or administer massage in the City.
3-10-3: LICENSE REQUIRED: No person in the City of Lakeville shall
engage. in the business of operating an enterprise defined in
subsection 3-10-2, 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 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. Whenever any establishment ceases to be licensed as a
massage parlor, sauna,, rap parlor, conversation parlor, adult-
encounter group, adult sensitivity group, or model service, personal
escort service, dancing service, hostess service, 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
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identifies the establishment as being an enterprise as defined in
subsection 3-10-2.
3-10-4: CONTENTS OF APPLICATION FOR LICENSE:
A. Forms. Application fora license shall be made only on the :forms
provided by the City Administrator. Four complete copies of the
application must be submitted to the City Administrator's office.
B. Application. .The application shall contain the following:.
1. Address and legal description of the property to be used.
2. The name, address, and telephone number of two residents of
Dakota County who may be called upon to attest to the
applicant's, manager's, and operator's character.
3. Whether the applicant, manager, and 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.
4. The names and addresses of all creditors of the applicant,
owner, lessee, and 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, personal
escort service, model service, dancing service, hostess
service, or similar adult-oriented service.
5. If the application is made on .behalf of a joint business
venture, partnership, or any legally constituted .business
association other than a corporation, it shall submit, along
with. the 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 managers, and members of
the board of directors.
6. 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 all creditors who have
extended credit for the acquisition, maintenance, operation,.
or furnishing of .the establishment.
7. 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
enterprise is proposed to be located or in the furnishings
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thereof. Documentation shall be in the form of a lease, deed,.
contract for deed, mortgage deed,. mortgage, credit
arrangement.,. loan-agreement, security agreement, 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 defined in
subsection 3-10-2.
8. .The application shall also contain 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.
9. All applicants shall state whether they are licensed in other
communities, and if so, where.
10. All applicants shall state any other licenses for which they.
have applied within the last ten (10) years and any denial,
suspension, or revocation of a license along with an
explanation of any denial, suspension or revocation.
3-10-5s LICENSE FEE, LICENSE INVESTIGATION, AND LICENSE YEAR: The
annual license fee is $100.00 and .the annual fee for the
investigation for the purposes of issuing a license is $300.00. 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 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 City Council. A
separate license shall be obtained each calendar year for each place
of business. The licensee shall display the license in 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
must be tendered with each new application for a license if: (i) the
establishment has violated the provisions of this section, or {ii)
the department of public safety has received several complaints
concerning the establishment, or (iii) the Council should act
requiring that the investigation fee be paid, or (iv) there is a
proposed change of ownership or reapplication for a license wherein
additional or different parties other than the original licensee and
..parties are. proposing to be licensed. All licenses granted herein are
nontransferable.-
3-10-6: CONDITIONS GOVERNING ISSUANCE OF A LICENSE:
A. Applicant. Licenses shall be issued only if the applicant and
all of~its owners, managers, employees, agents, or interested
.parties are persons of good moral character and repute.
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B. Prior Offenses. Licenses may 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 persons's ability,
capacity, or fitness to perform the duties and discharge the
responsibilities of the licensed activity.
C. Prior Revocation. Licenses shall be issued only to applicants
who have not, within three (3) 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 have not been similarly
revoked or suspended.
D. Cooperation of Applicant. 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 investigation fee, and who have cooperated fully
and truthfully with the City in the review of the application.
E. Age. If the applicant is a natural person, a license shall be
granted only if such person is eighteen (18j years of age or
older.
F. Zoning. Licenses may only be granted when the premises involved
are in complete conformity with the zoning code of the City.
G. Other Code Provisions. Licenses shall. be_granted only to
establishments which meet the safety., sanitary, and building code
requirements of the City:
H. Planning Considerations.` A license shall not be granted if
granting the license (i) would be inconsistent with the.
comprehensive development plans of the City of Lakeville., or (ii)
would otherwise have a detrimental effect upon other property or
properties in the vicinity.
3-10-7: CERTIFICATE REQUIRED; No person shall engage in or hold
himself 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 section.
3-10-8: CONTENTS OF THE APPLICATION FOR CERTIFICATE:
A. Forms. Application shall be made on forms provided by the City
Administrator.
B. Application.. The application shall contain the following
information together with~any other information which the City
Administrator may require:
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1. Evidence of the applicant's educational qualifications,
including originals or certified copies of degrees, diplomas,
or certificates, if any.
2. Evidence of applicant's practical qualifications to practice
massage.
3. Evidence that the applicant is of good moral character.
4. The names and addresses of two persons who are residents of
Dakota county and who can attest to the applicant's
character.
5. Statement disclosing 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.
6. Evidence in the form of a .current certificate-from a licensed
physician practicing in Minnesota indicating (i) that within
the past thirty (30) days he has examined the applicant, and
(ii) that such examination was for the purpose of determining.
whether applicant has any communicable disease, and (iii)
that as a result of such examination he believes that
applicant is not suffering from a communicable disease.
7. Evidence that the applicant is at least eighteen (18) years.
of age.
C. Certificate 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 for 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 returned to the applicant unless by express action of
the Council. A separate certificate shall be obtained each
calendar year.. The certificate .holder shall display the
certificate in a prominent place on the premises of the
certificate holder at all times. A certificate, unless xevoked,
is for the calendar year or a part thereof for which it has been
issued. The fee for theinvestigationfor issuance of a
certificate must be tendered with each new application for a
certificate if .the applicant has violated the provisions of this
section. A certificate permitting the holder thereof to practice
massage is nontransferable.
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3-10-9: CONDITIONS GOVERNING ISSUANCE OF THE CERTIFICATE:
A. Applicant.. 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. Prior Offenses. Certificates may be issued only to persons free
of convictions or offenses which involve moral turpitude or which
relate directly to the persons's ability, capacity, or fitness to
perform-the duties and discharge the responsibilities of the
occupation.
C. Prior Revocation. Certificates may not be issued to persons who,
within one year prior to the date of application, have been
denied certification, licensing, or who have had their
certificate of license revoked or suspended-by any community.,
political entity, or by the State of Minnesota.
D. Cooperation of Applicant. Certificates may 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 certification investigation fee.
E. Age.. Certificates may be issued only to persons eighteen (18)
years of age or older.
3-10-10: GRANTING OR DENIAL OF LICENSES AND CERTIFICATES:
A. Application Review. License applications and certificate
applications shall be reviewed by the police department, planning.
department, and such other departments as the City. Administrator
shall .deem necessary. The review of license applications shall
include an inspection of the premises covered by theapplcati.on
to determine whether the premises conform to applicable code
requirements.-Licenses shall be issued upon the approval of the
City Council only after a public hearing has been conducted.
B. Term of License. .The general provisions of Chapter 10 of this
code relating to the issuance of licenses shall govern except as
they are inconsistent or in conflict with the provisions of this.
section. A license permitting the conduct of an establishment
offering services as a massage parlor, sauna, rap parlor,
conversation parlor, adult encounter group, adult sensitivity
group, personal escort service, model service, dancing service,
hostess service, or other similar adult-oriented service is
nontransferable and nonrenewable, and application must be made
each year far a license permitting and allowing the conduct of
such business for the succeeding year..
C. Term of Certificate.. A certificate permitting 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.
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3-10-11: RESTRICTIONS AND REGULATIONS:
A. Compliance with Law. The licensee and any person in his or her
employ or agents or officers thereof and any and all persons with
an interest in said business shall comply with applicable
ordinances, regulations, and laws of the City of Lakeville, the
State of Minnesota, and the United States.
B. Person in Charge. 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 .department of public safety 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. Inspections. Every licensee shall allow an examination and
inspection of every part of the premises by any police, fire, or
health authority of the City during normal business hours four
(4) times each year. Refusal to allow such inspection or to
answer the request of the City police, fire, or health authority
to be admitted to a licensed premises shall be grounds for
suspension or revocation of all licenses.
D. Hours. The licensed premises. shall not be open for business nor
shall patrons be permitted on the premises between the hours of
9:00 p.m. and 8:00 a.m. on any day.
E. Identification. Upon demand of any police officer, a person
employed in a licensed premises must identify himself by giving
his true legal name and his correct address.
F. Age. No persons under eighteen (18) years of age may be employed
in an establishment requiring a license under the provisions of
this. subsection.
G. List of Employees. The licensee shall furnish the department of
public safety 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 department of public safety of any additions to or deletions
from the list of employees or changes in their job descriptions
or duties.
H. Cleanliness. The licensed premises must be kept and maintained
in a sanitary condition defined as being reasonably 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.
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I. Photographs on Certificates. Every person to whom a certificate
is issued shall appear personally at the department of public
safety 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 department of public safety.
J. Display of Certificates. Except as otherwise provided in this
section, 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, any persons
engaged in practicing massage shall identify himself or herself
giving his or her true legal name, correct address, and telephone
number.
K. Location Change. Except as otherwise provided in this section,
any persons practicing massage within the City shall initially
advise the City of his or her address and telephone number and
.shall further advise the City of any changes in address ar
telephone number within thirty (30) days of such change.
L. Clothing. 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 enterprise as
.defined in subsection 3-10-2, employees must be and remain fully
clothed in nontransparent clothing and customers must remain
.reasonably clothed in~nontransparent clothing.
3-10-12: CONSTRUCTION AND MAINTENANCE RE IIIREMENTS:
A. Locker Rooms. Each licensed.. premises shall have a separate
restroom and separate locker room. for members of each sex.
B. Materials. All massage rooms, locker rooms, restrooms, and
bathrooms used in connection therewith shall be constructed of
materials, including ceramic tike, quarry tile, glazed-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 reasonably
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. Restrooms. All restrooms shall be provided with mechanical
ventilation with 2 cfm per square foot of floor area,. a hand
washing sink equipped with hot and cold running water under
pressures.sanitary towels, and a soap dispenser.
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D. Lighting. 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 thirty (30) foot candles of
illumination, measured thirty (30) inches from the floor.
E. Janitor's Closets. Each licensed premises shall have a janitor's
closet which shall provide for the storage of cleaning supplies..
The closet shall have .mechanical ventilation with 2 cfm per
square foot of floor area. Such closet shall include a mop sink.
F. Repair and Sanitation. 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 twelve (12) inches off the
floor. Clean towels, washcloths, and linens must be available for
each customer.
G. Lockers. Individual lockers .shall be made available for use by
patrons.. Such lockers shall have separate keys for locking..
H. Refuse. Such establishments shall provide adequate refuse
receptacles which shall be emptied as required.
3-10-23: HEALTH AND DISEASE CONTROL:. No person while afflicted with
any disease in a communicable form or while a carrier of such disease
or while afflicted with boils, infected wounds, sores, or any acute
respiratory infection may work. in or use the .services of any licensed
premises. No persons known or suspected of being afflicted with any
such disease or condition shall be employed or permitted in such. area
or capacity.
_3-10-14: REVOCATION., SUSPENSION,. OR NONRENEWAL OF LICENSE: The
license may be revoked, suspended, or not renewed by the City
Administrator by showing that the licensee, its owners, manager,
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 or intemperance in .the use of drugs
including, but not limited to, the use of drugs defined in either
26 U.S.C. § 4731 or Minnesota Statutes § 152.02, barbiturates,
hallucinogenic drugs, amphetamines, Benzedrine, dexedrine, or
other sedatives, depressants, stimulants, or tranquilizers.
C. Engage 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 from engaging in conduct involving moral
turpitude.
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D. Failure to fully comply with any requirements of the ordinances
of the City 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 section.
E. Conviction of an offense involving moral turpitude by any court
of 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.
3-20-25: APPEAL:
A. Procedure. The licensee may appeal such suspension, revocation,
or nonrenewal to the City Council. The Council may appoint a
committee of the Council or an independent hearing officer to
hear the matter, report findings of fact and a recommendation for
disposition to the Council. Hearings on the appeal shall be open
to the public and the licensee shall have the right to appear and
be represented by legal counsel and to offer evidence in its
behalf. At the conclusion of the hearing, the Council may order:
1. That the revocation, suspension, or nonrenewal be affirmed;
or
2. That the revocation, suspension, or nonrenewal be lifted and
that the license be returned to the license holder.
B. Additional Requirements. The City Counci3 may base either
suspension or issuance of the certificate upon any additional
terms, conditions, and stipulations which they may, in their sole
discretion, impose.
3-10-16: REVOCATION, SU8PEN8ION, OR NONRENEWAL OF CERTIFICATE:
Certification may be revoked, suspended, or not renewed by the City
Administrator 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 .either
16 U.S.C. § 4731 or Minnesota Statutes § 152.02, barbiturates,.
hallucinogenic drugs, amphetamines., benzedrine, dexedrne, or
other sedatives, depressants, stimulants, or tranquilizers.
C. Conduct inimical to the interests of the public health, safety,
welfare, or morals.
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D. Engaging in conduct involving moral turpitude.
E. Failure to comply with the requirements of this section.
F. Conviction of an offense involving moral turpitude.
3-10-17: .APPEALS:
A. Procedure. The certificate holder .may appeal such suspension,
revocation, or nonrenewal to the City Council. The Council may
appoint a committee of the Council or an independent hearing
officer to hear the matter and report findings of fact and
recommendation for disposition to the Council. Hearings on the
appeal shall be open to the public and the certificate holder
shall have the right to appear and be represented by legal
counsel and to offer evidence in .behalf of the certification. At
the conclusion of the hearing, the Council may order:
1. That the revocation, suspension, or nonrenewal be affirmed;
or
2. That the revocation, suspension, or nonrenewal be lifted and
that the certificate be returned to the certificate holder.
B. Additional Requirements. 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.
3-20-18: PROHIBITED ACTS': Except as provided. elsewhere in this
section, 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 section and every employer shall require
that the certification be prominently and openly displayed on the
premises in plain view.
3-i0-29: MASSAGE DISTINGUiBHED: 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 are customarily given in such shops or places of
business for the purpose of beautification only, shall be exempt from
the provisions of this section.
3-i0-20: EXCEPTIONS:
A. Criteria. This ordinance does not apply. to bona fide
health/sports establishments which meet the following criteria:
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1, The primary purpose of the establishment is health and
fitness; massage service is subsidiary..
2. No more than twenty percent. (20%) of the establishment
revenue is derived from massage.
3. The financial records of the establishment are at all times
available to the City for inspection.
4_. .The establishment has an ongoing membership list which is
available to City officials fo-r inspection at any time.
B. Additional Exceptions. In addition, this section does not apply
to nor include:
2. Bona fide legal, medical, psychiatric, psychological, family,
or marriage counseling services. by a person, persons, or
businesses appropriately licensed by the State of Minnesota
or by local units of government or any other appropriate
licensing authority.
2. Bona fide financial counseling services or bona fide
educational institutions completely complying with state and
local regulations ar the regulation of any licensing
authorities.
3-10-21: 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 2. Severability. Should any section, subdivision,
clause, or other provision of this ordinance be held invalid by any
court of competent jurisdiction, such decision shall not affect the
.validity of the ordinance as a whole, or any part thereof, except the
part held to be invalid.
&ection 3. Effective Date. This ordinance shall become
effective immediately upon its passage .and .publication.
ADOPTED by the Lakeville City Council this 17th ;day of
April , 1989.
-13-
.
CITY OF LAKEVILLE
BY:
.Duane R. Zaun, ayor
ATTEST:
L~~~~
Charlene Friedges, Cit Clerk
-14-
QT.
ORDINANCE 940. 372 ;'
CITY OF LAKEVILLE ''
"`DAKOTA COUNTY, MINNESOTA r
AN ORDINANCE AMENDINGTITLE X;„..,
..CHAPTER 10 OF THE LAKEVILLE "°'"
CODE CONCERNING COMMERCIAL
ADULT-ORIENTED SERVICES
'CITY COUNCIL OF TFIE'CIT
VII.i.W,
ORDAINS:
1. Title 3, Chapter I0 of the I.akE
ode is amended in its entirety to
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ident returnedtathe•licenee.Aofdbc • ,
• f . B. Additional Reguineiaia Tha ca3' Council
• May base either suspensit tior ihsuence of the
keeppt certificate upon any additional terms„condi-
safe tip• and stipulations which they may, in
. their sole discretion, impose . , ,
3=U1-16: REVOCATION. =SERMON, OR
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) SS
County of Dakota )
NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and
employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07 and other applicable laws, as amended.
(B) The printed t. e
which is attached was cut from the columns of said newspaper, and was printed and published once
eash3oselEFfer suceeks; it was
first published on Thursday, the 1 1,_ day of
19 6C1 , and was thereafter printed and published on every Thursday to and including
Thursday, the day of ,19
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the notice:
a bcdef ghijklm nopgrstuvwxyz
3
Subscribed and sworn to before me o Iis _
— day of
Notary Public
CAROL J. HAVERLAND
,;
NOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
` My Commission Expires Dec 3, 1989