5-1900 Conversation Parlors

 

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.

 

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