CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-1800
SAUNAS, MASSAGE PARLORS AND SIMILAR
ADULT-ORIENTED SERVICES, MASSEURS AND MASSEUSES

5-1801 Statement of Policy. Recent investigations of activities within massage parlors located within the City of Coon Rapids has conclusively established the existence of acts of prostitution, illicit sex, and occasions of violent crimes within the operation of the massage parlor. Information available to the City Council indicates that these types of activities occur regularly, not only in the City of Coon Rapids, but in other communities within which are located massage parlors and similar adult-oriented service businesses.

Because of the high incidence of such activities, the City Council of the City of Coon Rapids deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as massage parlors, saunas, 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 specifically 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 site of acts of prostitution, illicit sex, and occasions of violent crimes, thus requiring close inspection, licensing, and regulation.

The Council also finds that control and regulation of commercial establishments of this type, in view of the abuses often perpetrated require intensive efforts by the Police Department, the Public Health Officer, 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 services 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 the activities regulated herein, except incidental massage services, which may be in force at any one time shall be not more than a total of two (2) such licenses. Licenses shall be issued only in strict compliance with the terms and provisions of this Chapter.

5-1802 Application of Chapter 5-100. The provisions of Chapter 5-100 shall apply to the issuance of licenses hereunder.

5-1803 Definitions. As used in this Chapter, the terms defined in this Section shall have the meanings ascribed to them:

(1) “Sauna” means and includes a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, and for which a fee is charged.
(2) “Massage Parlor” shall mean any room or rooms where any person for a fee may receive from another person a massage, or any room or rooms from which a masseur or masseuse is dispatched by telephone or otherwise, for the purpose of giving a massage; provided that no massage for a fee shall be given except in a licensed premises.
(3) “Massage” means the rubbing, stroking, kneading, tapping, or rolling of the body with the hands or other devices or implements, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purposes.
(4) “Masseur” means a male person who practices massage.
(5) “Masseuse” means a female person who practices massage.
(6) “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 regardless of whether said goods or services are also required to be licensed.
(7) “Similar Adult-Oriented Services” includes all other services which fall within the definitions of this Section but are operated under different names.
(8) “Certificate” means a certificate issued by the City authorizing the holder thereof to practice or administer a massage in the City of Coon Rapids.
(9) “Incidental Massage Services” shall mean massage activities conducted by trained masseurs and/or masseuses in conjunction with another lawful business such as a beauty salon, physical fitness center, or similar business, and which are incidental to the primary business.
(10) “Massage Therapist.” A masseur or masseuse who provides incidental massage services. A part-time massage therapist is one who performs such services on a yearly average of less than thirty hours per week, Sunday through Saturday, or who works on an “on-call” basis. [Revised 6/17/97, Ordinance 1606]

5-1804 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 and nurses who work solely under the direction of any such persons, athletic directors, and trainers are hereby expressly excluded from the provisions of this Chapter. 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 or places of business for the purpose of beautification only, shall be exempt from the provisions of this Chapter.

5-1805 Licenses Required.

(1) Business License. It shall be unlawful for any person to engage in the business of operating a sauna, massage parlor, adult encounter group, adult sensitivity group, model service, escort service, dancing service, hostess service, or any adult similar adult-oriented service, either exclusively or in connection with any other business enterprises, without being licensed as provided in this Chapter. Any person who conducts such business either in whole or in part by arranging for massage by means of telephonic, verbal, or written communication shall administer such massages only on a licensed premises, if such massage is to be administered within the City of Coon Rapids. A separate license must be obtained for each place of business. Licenses are not transferable. No more than two (2) business licenses issued hereunder may be in force at any one time, provided that such limitation shall not apply to incidental massage services.
(2) Personal Service License. It shall be unlawful for any person to perform massage services within the City unless currently licensed under this Chapter. Licenses are not transferable. 5-1806 Exceptions. A license is not required under this Chapter as follows:

(1) For premises on which saunas, but not massages, are provided incidental to the use of exercise and recreational equipment and facilities situated on the same premises; provided that the sauna facilities shall occupy floor area equivalent to not more than ten percent (10%) of the floor area used for the exercise and recreational equipment and facilities.
(2) For hotels, motels, rooming houses, and apartment buildings in which saunas but not massages are provided incidental to the rental of rooms and the use of which is limited to tenants of the respective facilities.
(3) For premises at which massage parlors or sauna facilities are provided by a nonprofit corporation or association; provided, however, that such corporation or association is duly organized under the laws of the State of Minnesota for civic, fraternal, social, or business purposes which organization shall have more than 50 members and which shall for more than two (2) years prior to application have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly in a compensation by way of profit from the services offered by the organization to the members or their guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.

5-1807 Business License Application. Applications for business licenses provided in this Chapter shall be made to the City Clerk on such forms as the Clerk may from time to time provide. In addition to such information as the Clerk may require, the application shall also include:

(1) Whether the applicant is a natural person, a corporation, a partner, or other form of organization.
(2) If the applicant is a natural person:

(a) The true name, place and date of birth, street address, and phone number of applicant.
(b) Whether the applicant is a citizen of the United States.
(c) Whether the applicant has ever used or has been known by a name other than his true name; and if so, what was such name or names and information concerning dates and places where used.
(d) The name of the business if it is to be conducted under a designated name or style other than the full individual name of the applicant; in such case, a copy of the certification as required by M.S.A. Chapter 333, certified by the Clerk of the District Court, shall be attached to the application.
(e) The street addresses at which applicant has lived during the preceding five (5) years.
(f) The kind, name, and location of every business or occupation the applicant has been engaged in during the preceding five (5) years.
(g) The names and addresses of applicant’s employer(s) and partner(s), if any, for the preceding five (5) years.
(h) Whether the applicant has ever been convicted of any crime. If so, the applicant shall furnish information as to the time, place, and offense for all applicants.
(i)The physical description of the applicant.
(j)Whether the applicant has any training or experience in performing massage services.

(3) If the applicant is a partnership:

(a) The names and addresses of all partners and all information concerning each partner as is required of an individual applicant in subparagraph 2 above.
(b) The name of the managing partner(s) and the interest of each partner in the business.
(c) A true copy of the partnership agreement shall be submitted with application. If the partnership is required to file a certification as to a trade name under the provisions of M.S.A. Chapter 333, a copy of such certificate, certified by the Clerk of District Court, shall also be attached.

(4) If applicant is a corporation or other organization:

(a) The name; and, if incorporated, the state of incorporation.
(b) A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, and By-laws shall be attached to the application. If a foreign corporation, a Certificate of Authority, as described in M.S.A. Chapter 303, shall also be attached.
(c) The name of the manager or proprietor or other agent in charge of the business to be licensed and all information concerning said person(s) as is required in subparagraph 2 above.
(d) A list of all parties who control or own an interest in excess of five percent (5%) in such corporation of organization and all information concerning said person as is required in subparagraph 2 above.
(e) If the applicant is a nonprofit corporation, the application shall include a list of all members of such nonprofit corporation.

(5) Whether the applicant is licensed in other communities to operate similar businesses; and if so, where.
(6) The names of applicant’s employees to be licensed and working for the
applicant in the City.
(7) Whether the applicant has previously been denied a massage license, or has had a license revoked. If so, give details of each.
(8) The names, residences, and business addresses of those residents of the metropolitan area, of good moral character, not related to the applicant or financially interest in the premises of business, who may be referred to as to the applicant’s or manager’s character.
(9) A description and location of the premises to be licensed. If the premises are not constructed and furnished at the time the application is filed, the detailed plans of the premises and furnishings shall be filed with the application.
(10) A description of the services to be provided.
(11) List of types of equipment to be used in the business.
(12) Such other information as the Council may require.

5-1808 Masseur and Masseuse License. Applications for masseur and masseuse license provided for in this Chapter shall be made to the City Clerk on such forms as the Clerk may from time to time provide. In addition to such information as the Clerk may require, the application should also include:

(1) All of the information required under City Code Section 5-1807, subparagraphs 2, 5, 7, and 8.
(2) The name and address of any training institutions attended and the dates of such attendance.

5-1809 Execution of Application. All applications for licenses, whether business or masseur or masseuse license, shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; and if by an incorporated association, by the manager or managing officer thereof. Any falsification of information on the license application shall result in the denial of said license.

5-1810 Changes in License Application Information. It shall be the continuing duty of each licensee to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for license and failure to comply with this Section shall constitute cause of revocation or suspension of such license.

5-1811 Fees.

(1) License and investigation fees shall be established from time to time by ordinance of the City Council. [Revised 6/20/97, Ordinance 1606] [Revised 11/15/05, Ordinance 1911]
(2) All required fees shall accompany an application for a new or renewal license. [Revised 6/20/97, Ordinance 1606]
(3) A new license fee shall be paid with each annual license renewal. [Revised 6/20/97, Ordinance 1606]
(4) An investigation fee shall be required only for a new license application, provided that the application by a licensee whose prior license has expired for one year or more shall be considered a new application requiring an investigation fee. [Revised 6/20/97, Ordinance 1606]
(5) The license fee, but not the investigation fee, for any application received by the City after July 1st in any year shall be 50% of the established annual fee for the remaining of the first license year only. [Revised 6/20/97, Ordinance 1606]
(6) Upon rejection of any license application, the license fee, but not the investigation fee shall be refunded to the applicant. [Revised 6/20/97, Ordinance 1606]

5-1812 Renewals. An application for a renewal of a business or personal service license shall be made in the same manner as the original application. The license fees for a renewal shall be the same as those contained in Section 5-1811(1).

5-1813 Persons Ineligible for a License. No license shall be issued to an applicant who is under 18 years of age, is an alien, or has been convicted of prostitution or any other crime or violation involving moral turpitude.

5-1814 Review of Applications. All applications shall be referred to the Chief of Police and such other City departments as the City Manager shall deem necessary for verification and investigation of the facts set forth in the application. The Chief of Police and other consultants shall make a written recommendation to the City Council as to the issuance or nonissuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. Upon completion of its investigation, the Council shall grant or deny the license.

5-1815 Restrictions and Regulations.

(1) Licenses may be granted only in the appropriate zoning district to be determined by the City Council in accordance with Revised City Code--1982, Title 11.
(2) A license for a masseuse or masseur may be denied or rescinded upon any of the following grounds:

(a) Fraud or deception in the license application.
(b) The applicant or licensee has a history of violations of laws and ordinances that apply to health, safety, or moral turpitude.
(c) The applicant or licensee is of bad repute.
(d) The applicant or licensee is convicted of an ordinance or State statute violation arising within a business establishment within the State to which a sauna and/or massage parlor license was granted.
(e) The applicant or licensee has been convicted of crimes or offenses involving sexual misconduct as defined in State statutes or local ordinance.

(3) Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of the City and of the building code regulations of the City of Coon Rapids and the State of Minnesota.
(4) A license shall not be granted to a person of bad repute or to a partnership or corporation which has in its employ or is owned by any persons of bad repute.
(5) It shall be grounds for the rescinding of a license if the owner, manager, lessee, or any of the employees are convicted of any ordinance or State statute violation arising within the business establishment to which a license was granted under this Chapter.
(6) An application may be denied or a license may be rescinded if the presence of such a sauna and/or massage establishment is found to be detrimental to the health, welfare, or safety of the citizens of the City of Coon Rapids.
(7) A license may be rescinded upon evidence of a material variance in the actual plan and design of the premises from the plans submitted.
(8) It shall be grounds for rescinding a license granted to any person for business or personal service purposes under this Chapter if the owner or manager, lessee, or any of the employees are found to be in control or possession of an alcoholic beverage, unless such business is licensed for the sale of alcoholic beverage, or a narcotic drug or controlled substance on the premises, other than drugs which may be purchased over the counter without prescription or those for which the individual has a prescription.
(9) Each holder of a business license shall maintain with the Chief of Police a current list of all employees of such licensed premises. The list shall include masseurs and masseuses licensed hereunder. Failure to maintain such list shall be grounds for disciplinary action by the City Council, including suspension or revocation of the licenses issued under this Chapter.

5-1816 Construction and Maintenance of Premises.

(1) All sauna rooms, massage parlors, and all restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold, or 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 (1) inch.
(2) All restrooms used in connection with saunas or massage parlors shall be provided with mechanical ventilation with three (3) cfm per square foot of floor area, a minimum of 30 feet candles of illumination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels, and a soap dispenser.
(3) Doors on sauna rooms or massage parlor rooms shall not be locked or capable of being locked. Locks, latches, or other devices intended to secure a door so as to prevent it being opened by any person from either side of the door with or without a key cannot be present on any doors of sauna rooms or massage parlor rooms.

5-1817 Regulation of Masseurs and Masseuses.

(1) Any person acting as a masseur or masseuse in a sauna or massage parlor shall have his or her license displayed in a prominent place on the licensed premises.
(2) All saunas and massage parlors shall be open to the general public.
(3) Whenever a massage is given, it shall be required by the masseur or masseuse that the person who is receiving the massage shall have his or her breasts, buttocks, anus, and genitals covered with an appropriate nontransparent covering.
(4) Any masseur or masseuse performing any massages shall at all times have his buttocks, anus, and genitals covered with a nontransparent uniform or clothing at all times. At all times during the operation of any 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 full clothed in nontransparent clothing.

5-1818 Restrictions Involving Minors. No person under the age of 18 shall be permitted at any time to be in or on the licensed premises as a customer, guest, or employee, except for those businesses licensed for incidental massage services, unless accompanied by his or her parent or guardian.

5-1819 Inspection.

(1) Any duly authorized law enforcement officer, health officer, or building inspector of the City or any other agency having jurisdiction shall be allowed to inspect the licensed premises at any times and hours in which any person is present on the licensed premises to ensure compliance with all provisions of this Chapter.
(2) Any duly authorized City employee or representative shall be allowed to inspect the books and records of any licensee during regular business hours to ensure compliance with the provisions of this Chapter.

5-1820 Business Hours. No customers or patrons shall be allowed to enter a business licensed under this chapter after 10:00 p.m. and before 8:00 a.m. daily. No customers or patrons shall be allowed to remain upon the licensed business after 10:30 p.m. and before 8:00 a.m. daily. Incidental massage services shall be confined to the hours of 8:00 a.m. to 10:00 p.m. daily.

5-1821 Violations and Penalties. Every person who commits or attempts to commit, conspire to commit, or aids or abets in the commission of, any act constituting a violation of this Chapter, whether individually or in conjunction with one or more other persons or as principal, agent, or accessory, shall be guilty of a misdemeanor, 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 a misdemeanor. Each violation of this Chapter shall constitute a separate offense. Conviction of a violation of this Chapter shall be grounds for revocation of any licenses issued hereunder.