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
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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.
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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.
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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
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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.
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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.