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HomeMy Public PortalAbout172 Affidavit of PublicationAFFIDAVITT OF PUBLICATION CROW RIVER NEWS Rockford and Osseo, Minnesota State of Minnesota County of Hennepin SS. County of Wright •1 DON R. LARSON, being duly sworn, on oath says: that he now isand during all the time herein stated has been DON R. LARSON, the publisher and printer of the newspaper known as the Crow River News, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed Notice City of Medina Ordinanc No. 172 hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin and County of Wright, State of Minnesota, on Wednesday and Saturday of each week in column and sheet form equivalent in space to 450 running inches of single column 21/2 inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE CROW RIVER NEWS has had in its makeup not less than twenty-five percent of its news column devoted to local news of interest to said community it purports to serve, the press work of which has been done in its known place of publication; has contained general news, com- ments and miscellany; has not duplicated any other publication; has not been entirely made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in - local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person having first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; rind that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed Notice City of Medina Ordinance No. 172 i a1 ,1 : ; ; P '; 4 i 9y. lit rt hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for 1 uccessive week, ; that it was first so published on the 1 day of June , 19..7.'.and thereafter on of each week to and including the day of , 19 ; and that the following is a copy of the Ag lower case alphabet which is ackra.pwjedged to h�ve beeera, e size and kind of type ►:pt used in the publication of said uurr 1 ante O. abcdefghijklm grstuvwxyz Pq c r.' Ili [Z 1 fa Ace '� CITY OF MEDINA ORDINANCE NO. 172 AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF BUSINESSES OR COMMERCIAL ES- TABLISHMENTS OFFERING SAUNAS OR SAUNA BATHS. REQUIRING A LICENSE TO OPERATE SUCH FACILITIES AND ESTABLISHING STANDARDS FOR THE CONSTRUC- TION, OPERATION AND MAIN- TENANCE OF SUCH FACILITIES. THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS: SECTION 1. Section 545:05. Statement of Policy. The City Council of the City of Medina deems it necessary to provide for the special and express regulation of businesses or com- mercial enterprises which offer saunas or sauna baths to the general public 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 that commercial en- terprises offering saunas or sauna baths are susceptible of operation in a manner contravening, subverting or endangering the morals of the community thus requir- ing close inspection, licensing and regula- tion. The City Council also finds that control and regulation of commercial establish- ments of these types, in view of the abuses often perpetrated, requires intensive ef- forts by the Police Department, Public Health Sanitarian and other enforcement. officials and, as a consequence, the con- centrated use of City services in such con- trol detracts from and reduces the level of service available to the rest of the com- munity and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the com- munity. In consideration for the necessity �rf ti= city to nrOYide 'Section 545:10. Definitions. 1. "Sauna" means and includes a steam bath, hot water bath or heat bathing by use of heat lamps and any such room or facility specially constructed therefor, used for the purposes of bathing, relaxing or reducing utilizing steam, hot air, hot water or heat lamps as a cleaning, relax- ing or reducing agent. Section 545:15, License Required. No person shall engage in the business of operating a sauna or sauna bath either ex- clusively or in connection with any other business enterprise without being first licensed as provided in this Ordinance. Section 545:20. Contents of Application for License. Application for a license shall be made only on the forms provided by the City Clerk. Four complete copies of the application must be submitted to the City Clerk's office containing the address and legal description of the property to be used, the name, address, and telephone number of the owner, lessee, if any, and the operator or manager, the name, ad- dress and telephone number of two per- sons, who shall be residents of Hennepin County who may be called upon to attest to the applicants, managers or operator's character; whether the applicant, manager or operator has ever been con- victed of a crime or offense other than a traffic offense and, if so, complete and ac- curate information as to the time, place and nature off such crime or offense in- cluding the disposition thereof ; the names and address of all creditors of the appli- cant, owner, lessee, or manager insofar as and regarding credit which has been ex- tended for the purposes of constructing, equipping, maintaining, operating or furnishing or acquiring the premises, per- sonal effects, equipment or anything inci- dent to the establishment, maintenance and operation of a sauna parlor or sauna bath. If the application is made on behalf of a corporation, joint business venture, items of personal property for use in said operation. All applicants shall furnish to the City, along with their applications, complete and accurate documentation es- tablishing the interest of the applicant and any other person, having an interest in the premises upon which the building is proposed to be located or in the fur- nishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage, credit arrange- ment, loan agreements, security agree- ments and any other documents es- tablishing the interest of the applicant or any other person in the operation, acquisi- tion or maintenance of the enterprise of- fering a sauna or sauna bath. The application shall also contain blue prints, 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. Section 545:25. License Fee, License In- vestigation and License Year. The annual license fee is $1,500.00 and the annual fee for the investigation for the purposes of issuing a license is $1,500.00. The license fee and fee for the investigation of the license shall be paid when the application is filed. In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surren- dered, no part of the annual license fee or fee for the investigation for the issuance of a license shall be returned to the appli- cant. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times, A license, unless revoked, is for the calendar year or a part thereof for .. . ., _ _ The hap far the Section 545:30. Granting or Denial of Licenses. License applications shall be reviewed by the Police Department, Plan- ning Commission, Health officer and such other departments and officials as the Mayor shall deem necessary. The review shall include an inspection of the premises covered by the application to determine whti Cher the premises conforms to all ap- plicable code requirements. Thereafter, licenses shall be approved or denied by the City Council. Any appeals shall be before the City Council. A license permitting the conduct of an establishment offering saunas or sauna baths are not automatically renewable and application must be made each year for a license, per- mitting and allowing the conduct of such business for the succeeding year. Licenses for the establishment or conduct of a sauna parlor are nontransferable. Section 545:35. Conditions Governing Issuance. 1. No license shall be issued if the appli- cant of any of it's owners, managers, em- ployees, agents or interested parties are persons of bad repute. 2. Licenses shall be issued only if the ap- plicant and all of it's owners, managers, employees, agents or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and dis- charge the responsibilities of the licensed activity. 3. Licenses shall not be issued to ap- plicants who have been denied a license, who have had a license revoked or suspen- ded in or by any community or political subdivision or the State of Minnesota and whose owners, managers or any in- terested parties have been similarly denied, revoked or suspended. 4. Licenses shall be issued only to appli- cants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and truthfully with the City in the review of the application. 5. If the applicant is a natural person, a license shall be granted only if such per- son is 25 years of age or older. 6. Licenses may be granted only in com- plete conformity with the zoning or- dinances, platting code and other laws and ordinances of the City of Medina and the State of Minnesota. T _L..11 1 n,.n414n14 nnly to ac- 2. If the licensee is a partnership or a corporation, the applicant shall designate a person to be manager of the business. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the City Clerk in writing of any such change indicating the name and address of the new manager and the effective date of such change. 3. The licensee shall furnish the City Clerk with a list of current employees in- dicating their names and addresses and designating the duties of the employees within the sauna bath or sauna parlor. The licensee shall promptly notify the City Clerk of any additions or deletions in the list of employees or changes in their job descriptions or duties. 4. The licensed premises shall not be open for business nor shall patrons be per- mitted on the premises between the hours of 11:00 p.m. and 8:00 a.m. of the suc- ceeding day. 5. The licensee shall permit and allow the inspection of the premises during business hours by all appropriate City em- ployees. 6. Upon demand by any police officer any person employed in any licensed premises shall identify himself by giving his true legal name and his correct ad- dress. 7. No person under 21 years of age shall be employed in an establishment requiring a license under the provisions of this or- dinance. 8. All equipment or personal property used in or for a sauna or sauna bath shall be of a safe and sanitary design as ap- proved by the City Health Officer and the entire premises wherein saunas or sauna baths are given, administered or allowed and all personal property, clothing, towels, and the like used therein shall be sanitary which is defined as a complete absence of the vegetative cells of pathogenic microorganisms. 9. The licensee and all persons in it's employ or connected therewith shall maintain an occupancy or guest register by which each patron of the sauna or sauna bath must register with his correct name, address and phone number and each licensee, or person in it's employ shall require each patron to furnish iden- tification describing and identifying his nhnnn niirnhPr Section 545:45. Employee Regulations. At all times during the operation of any sauna parlor, sauna or sauna bath, male employees and attendants shall attend to, assist or otherwise serve only male patrons and female employees shall at- tend, assist or otherwise serve only female patrons and at all times, em- ployees of the sauna parlor, sauna or sauna bath must remain and be fully clothed Section 545:50. Construction and Main- tenance Requirements. 1. Each establishment shall have a separate restroom and separate locker room facilities for each sex. 2. All sauna rooms, locker rooms, restrooms and bathrooms used on the premises shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus and must be kept in a sanitary condition which is defined as free from the vegetative cells of pathogenic microorganisms. The floor - to -wall and wall joints shall be construc- ted to provide a sanitary cover with a minimum radius of one inch. 3. 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 pressure, sanitary towels and a soap dispenser. 4. All rooms in the licensed premises in- cluding but not limited to sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area shall be illuminated with not less than 30 foot candles of illumination. 5. Each establishment shall have a janitor's closet which shall provide for the storage of cleaning supplies. Such closet shall have mechanical ventilation with 2 cfm. per square foot of floor area. Such closet shall include a mop sink. 6. Floors, walls and equipment in sauna rooms and 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 for each customer. 7. Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. 8. Such establishments shall provide adequate refuse receptacles which shall be emptied as required. n ..e.__ '_...... k. 11.e .nd1.: rina! canna other individuals; and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such an area or capacity. Section 545:60. Revocation and Suspen- sion of License. The license may be revoked, suspended or not renewed by the City Council upon findings that among other facts, the licensee, it's owners, managers, employees, agents or any of it's interested parties have engaged in any of the following conduct: 1. Fraud, deception or misrepresenta- tion in connection with the securing of the license. 2. Habitual drunkenness or intem- perance in the use of drugs including but not limited to the use of drugs defined in Minnesota Statutes, S. 618.01, bar- biturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants or tranquilizers. 3. Conduct detrimental to the interests of the public health, safety, welfare or morals. 4. Engaging in any conduct involving moral turpitude or permitting or allowing others to so engage in such conduct or fail- ing to prevent such conduct. 5. Failure to fully comply with any re- quirements of this ordinance or failure to comply with any requirements of the Or- dinances of the City of Medina relating to public health and sanitary conditions, building and construction codes, zoning codes and requirements of any ordinance,. the violation of which involves moral tur- pitude. 6. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. 7. Engaging in any conduct which would constitute grounds for refusal to issue a license under Section 545:35 of this or- dinance. Section 545:65. Exceptions. This or- dinance does not apply to the operation, of a sauna which is operated in connection with or as a part of a chiropractic office wherein the practitioners thereof are licensed by the State of Minnesota nor does this ordinance apply to any sauna located in any commercial office building or apartment building, which is offered Section 545:70. Separability. Every sec- tion, provision or a part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or a part of the ordinance shall be held invalid, such holdings shall not invalidate any other sec- tion, provision or part thereof. Section 545:75 Penalties. Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be guilty of a mis- demeanor and upon conviction thereof by lawful authority, be punished by a fine not to exceed $500.00 and by imprisonment not to exceed 90 days or both. Each day that a violation exists constitutes a separate and distinct offense. Section 545:80. 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 or- dinance or any act, wich constitutes an omission and therefore a violation of this ordinance, whether individually or in con- nection 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, re- quires, permits or directs another to violate any of the provisions of this chap- ter is likewise guilty of such offense. SECTION 2. This ordinance becomes effective upon it's passage and publication. Passed by the City Council of the City of Medina this 2nd day of May, 1978. s/ Wayne Neddermeyer, Mayor ATTEST: Donna Roehl, Clerk Date Published: June 14,1978 Published in the Crow River News Wed- nesday, June 14,1978.