CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-1900
CONVERSATION PARLORS
5-1901 Application of Chapter 5-100. The provisions of
Chapter 5-100 shall apply to the issuance of license hereunder.
5-1902 Definitions. As used in this Chapter the terms
defined in this Section shall have the meanings ascribed to them:
(1) “Conversation parlor” means an
establishment advertising, offering, or selling the service of, engaging in,
or listening to conversation, talk, or discussion between an employee of the
establishment and a customer, regardless of whether other goods or services
are also simultaneously advertised, offered, or sold, and regardless of
whether those other goods or services are also required to be licensed.
(2) “Conversation parlor” shall not include bona fide legal, medical,
psychiatric, psychological, or counseling services by a person or firm
appropriately licensed; or bona fide educational or other governmental
institutions, or panels, seminars, other similar services offered by such
institutions, or churches, or synagogues.
(3) “Sanitary” shall mean free from the vegetative cells of pathogenic
microorganisms.
(4) “Adequate” or “approved” shall mean acceptable to the Chief Building
Inspector of his agents following his determination as to conformance with
public health practices and standards.
5-1903 License Required. It shall be unlawful for any
person to engage in the business of operating a conversation parlor either
exclusively or in connection with any other business enterprise without
being licensed as provided in this Chapter. A separate license must be
obtained for each place of business. Licenses are not transferable. No more
than three (3) business licenses issued hereunder may be in force at any one
time.
5-1904 Application. Applications for 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 partnership, 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 or her 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 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 incidents.
(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 and 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 the
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 the 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.
(5) Whether the applicant is
licensed in other communities to run similar businesses; and if so, where.
(6) Whether the applicant has previously been denied a conversation parlor
license, or has had a license revoked. If so, give details of each.
(7) The names, residences, and business addresses of three (3) residents of
the metropolitan area, of good moral character not related to the applicant
or financially interested in the premises or business, who may be referred
to as to the applicant’s or manager’s character.
(8) 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.
(9) A description of the services to be provided.
(10) List of types of equipment to be used in the business.
(11) Such other information as the Council may require.
5-1905 Fees.
(1) License Fee. Each application
for a license shall be accompanied by a payment in full of the required
annual license fee which shall be established from time to time by ordinance
of the City Council. Upon rejection of any application for license, the City
shall refund the amount paid. No other refunds shall be paid. [Revised
3/1/05, Ordinance 1868]
(2) Investigation Fees. At the time of the original application for a
license there shall be paid in full an investigation fee in an amount
established from time to time by ordinance of the City Council. No
investigation fee shall be refunded. [Revised 3/1/05, Ordinance 1868]
5-1906 Renewals. An application for renewal of a 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
5-1905(1).
5-1907 Rules and Regulations.
(1) Licenses may be granted only
in the appropriate zone to be determined pursuant to the applicable laws and
ordinances of the City.
(2) Licenses shall be granted only to establishments which can meet the
safety and sanitary requirements of the applicable building, housing,
health, and safety code regulations of the City and State of Minnesota.
(3) It shall be grounds for denial of the license application if there is
any fraud or deception involved in the license application.
(4) It shall be grounds for denial of the application if the applicant or
persons in his employ are not complying with or have a history of violations
of the laws and ordinances that relate to health, safety, or moral
turpitude.
(5) A license shall not be granted to a person of bad repute or to a
partnership or corporation who has in its employ or is owned by any persons
of bad repute, such that the health or safety of customers or members of the
public would be endangered.
(6) It shall be grounds for rescinding a license granted to any person,
partnership, or corporation under this Chapter if they fail to comply with
any of the ordinances of the City or statutes of the State of Minnesota.
(7) It shall be grounds for rescinding a license granted to any person,
partnership, or corporation under this Chapter if the owner, manager,
lessee, or any of the employees are found to be in control or possession of
any alcoholic beverages, or of a narcotic drug or a controlled substances on
premises, other than drugs which may be purchased over the counter without
prescription or those for which the individual has a prescription.
(8) 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 violations arising within the business establishment to which
the license was granted under this Chapter.
(9) It shall be grounds for rescinding any license granted under this
Chapter if the premises do not comply with the health, safety, and building
regulations of the City and State of Minnesota; including any applicable
illumination requirements in the State building code or State fire code.
(10) An application may be denied or a license may be rescinded if the
operation of such an establishment is found to be a danger to the health,
welfare, or safety of the citizens of the City.
(11) A license may be rescinded upon evidence of a material variance in the
actual plan and design of the premises from the plans submitted pursuant to
5-1904(8) or from the original design of the premises when initially
licensed without prior approval of the City Council.
(12) All employees and customers of the establishment shall have at all
times their breasts, buttocks, genitals, and anus covered by a
nontransparent material.
(13) No bed, mattress, or other similar device, furniture, or equipment
normally used for lying down shall be brought into or permitted to remain on
the licensed premises.
(14) An application may be denied or a license may be rescinded where the
impact of the licensed establishment on adjoining property will result in
any of the following:
(a) Loud, boisterous, and
disturbing noise levels.
(b) Hazardous traffic conditions.
(c) Offensive, obnoxious, and disturbing odors.
(d) Excessive litter.
(e) Excessive artificial lighting.
(f) Substantial decrease in adjoining property values.
5-1908 Construction and Maintenance Requirements.
(1) All restrooms used in
connection with conversation parlors shall be provided with mechanical
ventilation with two (2) cfm per square foot of floor area, a minimum of 15
foot candles of illumination, a hand washing sink equipped with hot and cold
running water under pressure, sanitary towels, and a soap dispenser.
(2) Floors, walls, and equipment in rooms, restrooms, and in bathrooms used
in connection therewith must be kept in a state of good repair and sanitary
at all times. Linens and other materials shall be stored at least six (6)
inches off the floor. Sanitary towels, wash cloths, cleaning agents, and
toilet tissue must be made available for each customer.
(3) Doors on 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
its being opened by any person from either side of the door with or without
a key cannot be present on any doors of conversation rooms.
5-1909 Restrictions Involving Minors. No person under the
age of 18 shall be permitted at any time to be in or on 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.
5-1910 Inspection. 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.
5-1911 List of Employees. Each holder of a license shall
maintain with the Chief of Police a current list of all employees, including
their job title, of each licensed premises with a picture of each employee.
Failure to maintain such a list shall be grounds for disciplinary action by
the City Council, including suspension or revocation of the license issued
under this Chapter.
5-1912 Business Hours. No customers or patrons shall be
allowed to enter the licensed premises after 10:00 p.m. and before 8:00 a.m.
daily. No customers or patrons shall be allowed to remain upon the licensed
premises after 10:30 p.m. and before 8:00 a.m. daily.
5-1913 Violations and Penalty. 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 connection with one or more other persons or as principal, or 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. Upon conviction thereof, said person
shall be punished by a fine not to exceed $500 or by imprisonment not to
exceed 90 days or both, together with the costs of prosecution. 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.