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HomeMy WebLinkAbout11-16-2011 PLANNING COMMISSION REGULAR MEETING AGENDA November 16, 2011 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: October 5, 2011 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the record.) 5. Planning Cases A. CU2011-001 Conditional Use Permit for Outdoor Storage Address: 4825 Mustang Circle Applicant: Tyson Trucking (D and A Development) 6. Other Planning Activity A. Proposed Zoning Code Amendment to Allow Outdoor DVD Vending Kiosks in Commercial Zoning Districts B. Discuss City Code Amendment to Allow Massage Therapy as a Home Based Business 7. Next Planning Commission Meetings: A. December 7, 2011 B. December 21, 2011 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. November 2, 2011 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 2, 2011 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for November 2, 2011. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Miller, Rundle, Schiltgen, Stevenson and Smith. Absent and Excused: None. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 Discuss Zoning Code Amendment to Allow Outdoor Vending Kiosks 2 in Commercial Zoning Districts _____________________________________________________________________________ 3. Approval of Minutes September 21, 2011. MOTION/SECOND: Commissioner Cramblit/Commissioner Meehlhause. To approve the Minutes of the September 21, 2011 regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. Mounds View Planning Commission November 2, 2011 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. _____________________________________________________________________________ 6. Other Planning Activity A. Discuss Zoning Code Amendment to Allow Outdoor Vending Kiosks in Commercial Zoning Districts Associate Planner Heller requested the Commission discuss the possibility of a zoning code amendment to allow for outdoor vending kiosks in commercial zoning districts. She explained that McDonald’s and Walgreens have requested to place a Redbox outside their storefronts. The Zoning Code does not currently allow for outdoor vending. Staff completed a search and all neighboring communities have Redbox vending units located in their city. Planner Heller stated as technology continues to change, the City may need to continue to make code amendments. The code was originally written 50 years ago and does not address these issues. Staff requested the Commission discuss the possibility of outdoor vending kiosks and provide specific direction to Staff on how to proceed. She recommended that vending kiosks only be allowed in commercial zoning districts. Chair Stevenson questioned if there was any current City Code that would address the Redbox vending kiosks. Planner Heller indicated the Code discusses temporary outdoor sales, but nothing long term. She explained outdoor storage is allowed through a conditional use permit in the Zoning Code, but that does not exactly define what these vending kiosks are. Chair Stevenson indicated gas stations are currently allowed to have outdoor sales of propane tanks and bags of ice. He felt the Redbox units were a similar function. Commissioner Meehlhause asked why the Redbox unit needed to be outdoors. Planner Heller stated if the unit were housed inside the store it may take away valuable sales floor space and access to the Redbox would be limited to only during business hours. Chair Stevenson felt the Commission needed to address this issue within the Code to assure that outdoor kiosks did not become over used throughout the City. He indicated the City could then limit the square footage allowed. Mounds View Planning Commission November 2, 2011 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Cramblit suggested the vending kiosks be allowed through a conditional use permit. Planner Heller stated the conditional use permit process would allow the City to approve each unit on a case by case basis. Commissioner Cramblit inquired if Walgreens would own the Redbox machine. Planner Heller stated the equipment would be owned and maintained by Redbox. The unit would be leased by Walgreens. Commissioner Meehlhause requested the language within the code amendment be specific to limit the outdoor vending kiosks to only renting DVD’s and video games. Planner Heller agreed that the language should be specific. Commissioner Schiltgen cautioned the Commission from allowing the units to be placed outside any commercial business in the City. He felt the language within the Code needed to be very descriptive and suggested the units be limited to retail uses. Chair Stevenson suggested that only vending machines that use credit cards be allowed in order to reduce the likelihood of vandalism. He questioned how the Commission would approve a location for two units. Planner Heller indicated this could be discussed through the conditional use permit process and each case would have to be reviewed based on space available. Planner Heller thanked the Commission for their input on this topic this evening. She explained that she would present the Commission with the Zoning Code Amendment language at an upcoming meeting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. November 16, 2011 B. December 7, 2011 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:30 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Mounds View Planning Commission November 2, 2011 Regular Meeting Page 4 ________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: November 16, 2011 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for Outdoor Storage at The Tyson Companies, 4825 Mustang Circle; Planning Case CU2011-001 Introduction: The applicant, Dale Tellers, with The Tyson Companies, is requesting city approval of a conditional use permit to have outdoor storage on their property located ay 4825 Mustang Circle. Tyson Companies is a trucking and warehouse business that has been located in Mounds View for many years. They are proposing to use an asphalt area on the west side of their building for outdoor storage. This property is zoned industrial, and the City Code allows outdoor storage as a conditional use in industrial districts. City Code Requirements: Section 1116.04 (Conditional Uses in the I-1 zoning district) Subd. 1: Open or outdoor storage as an accessory use. Section 1125.01, Subd. 1e: The Planning Commission is required to review the possible adverse effects of a requested conditional use. Section 1125.01, Subd. 1g: This section of the City Code states that the Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of the Zoning Code and forward such findings to the City Council. Discussion: The Tyson Companies are finding that their trucking business has slowed, but have also found opportunities for more business using outdoor storage. Along with trucking, The Tyson Companies are also a warehouse business that stores products inside their large building before shipping it out. Since they do not have as many semi trailers parked on the west side of the building anymore, there is now space outside for other things. They have found opportunities for contracts to store products outside, such as building and construction materials. Tyson CUP Report November 16, 2011 Page 2 CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. I have addressed each of these potential adverse effects below. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages existing businesses to remain and grow in the city. The City has zoned The Tyson Companies property I- 1, Industrial, and it is primarily surrounded by other industrial uses. If the Planning Commission recommends approval of the conditional use permit as requested, the CUP would be in line with the Comprehensive Plan “Industrial” land use designation for this area. The Location and Character of the Surrounding Area. The Tyson Companies is located in the City’s industrial park on Mustang Circle. This business is primarily surrounded by other industrial uses, with the exception of a manufactured home park adjacent on the north side of the property and Ramsey County/Long Lake Regional Park open land on the west side. The applicant is proposing to use some of the asphalt area on the west side of the building for the outdoor storage. Depreciation. The proposed outdoor storage added to this already heavy-use type business should not have an adverse affect on surrounding properties, even though the property is next to a manufactured home park. Both The Tyson Companies and the manufactured home park have existed as is for over 30 years. The area proposed for the storage has had semi trailers parked there for many years, so changing to stacks of products on pallets would not be much different. The Demonstrated Need for Such a Use. With the downturn in the economy, many companies are looking at other ways to expand or diversify their business in order to survive. The Tyson Companies is no different and are doing the same thing. They have a very large property and even without the reduction in their trucking business, outdoor storage at this location should not cause any problems. Summary: The Tyson Companies would like to utilize their large property for additional business and be able to offer outdoor storage to customers. The area they would store the product is only visible to the few manufactured homes that are directly next to Tyson’s property. The area has been used for parking semi-trailers for many years, and would simply include some stacked product. Tyson CUP Report November 16, 2011 Page 3 Recommendation: City staff recommends approval of the conditional use permit as requested. Staff has prepared Resolution 951-11, approving the conditional use permit if the Commission chooses this action. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Photo 3. Site Photo 4. Resolution 951-11 Zoning Map Outdoor storage area Wetland Boundary * Properties not indicated with a designation are zoned R-1, Single Family Residential N Aerial View Outdoor storage area Tyson Townsedge Terrace Manuf. Home Park Photographic Documentation Outdoor storage area would be located behind the warehouse building MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 951-11 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AT THE TYSON COMPANIES AT 4825 MUSTANG CIRCLE; PLANNING CASE CU2011-001 WHEREAS, property owner D & A Development (The Tyson Companies), has applied for a conditional use permit to outdoor storage on their property; and, WHEREAS, the subject properties, located at 4825 Mustang Circle, are zoned I-1, Industrial, and legally described as follows: Mounds View Industrial Park, No. 3, Block 1, Lot 4 PIN 17-30-23-13-0006 Mounds View Industrial Park, No. 3, Block 1, Lot 5, Subject to Easements PIN 17-30-23-13-0007 Mounds View Industrial Park, No. 3, Block 1, Lot 6, Subject to Easements PIN 17-30-23-13-0008 WHEREAS, the Mounds View Zoning Code conditionally allows outdoor storage in Industrial zoning districts; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: 1. Staff Report 2. Zoning Map 3. Aerial Photo NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed outdoor storage meets the requirements as outlined in Chapters 1116 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the outdoor storage would be a type of land use that is consistent with the “Industrial” land use designation for the applicant’s property. Resolution 951-11 Page 2 3. The outdoor storage would not be out of place given the existing character of the surrounding area. 4. The proposed outdoor storage should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the outdoor storage, with conditions as follows: 1. The Planning Commission or the City Council may review this Conditional Use Permit if any problems develop or if there are any changes to the operation that the City deems substantial enough to warrant such a review. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council before approval of the minutes. Adopted this 16th day of November, 2011. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 6A Meeting Date: November 16, 2011 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Proposed Code Amendment to Allow Outdoor Vending Kiosks at Retail and Restaurant Businesses Introduction: Video rental stores are no longer in existence due to technology and the internet. But another trend for renting videos has appeared in the last few years – the “Redbox”. These are fully automated vending “kiosks” that disperse dvd movies or video games to rent. Over the last few years, a couple of businesses have asked the City if they could install a Redbox outside their building. The City took the position that they were not allowed since they were not addressed in the zoning code. Staff now feels that due to the popularity of these kiosks, and that one business in the City has already installed one, a code amendment to address them should be considered. Discussion: At the November 2, 2011 Planning Commission meeting, Staff asked the Commission to discuss how outdoor vending kiosks should be addressed. The Commission decided that the zoning code should be amended to allow these kiosks as a conditional use in commercial districts, including commercial Planned Unit Developments, but only at retail stores and restaurants. Because the Zoning Code is written in such a way that the uses build on each zoning district (the uses allowed in B-1 are allowed in the B-2, B-3 and B-4 districts), Staff is proposing to add the following language to the B-1 district chapter, which would then carry over to the other zoning districts. The proposed language to be added to Chapter 1112 of the Zoning Code reads as follows: Zoning Code Discussion November 16, 2011 Page 2 Chapter 1112, B-1 Neighborhood Business District Subdivision 1112.04: Conditional Uses: Subd. 7. Outdoor Vending Kiosks; provided that: a. The kiosks shall use only electronic forms of payment. b. Only movies and video games may be rented from the kiosk. c. May be placed only at retail stores, motor fuel stations and restaurants. d. Only one business on each property may install outdoor vending kiosks. e. The kiosk shall be placed immediately adjacent to the host businesses building. No loss of parking or interference with the flow of traffic shall occur due to the placement of a vending kiosk. Recommendation: Staff recommends that the Planning Commission review and comment on the proposed language additional for outdoor vending kiosks. Sincerely, Heidi Heller Planning Associate Attachments Resolution 952-11 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 952-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1112 OF THE MOUNDS VIEW ZONING CODE TO ADD A CONDITIONAL USE TO THE B-1, NEIGHBORHOOD BUSINESS, ZONING DISTRICT; SPECIAL PLANNING CASE 182-11 WHEREAS, City staff has recommended that a conditional use be added to the B-1, Neighborhood Business District, Chapter 1112, of the Zoning Code; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to add another conditional use to the B-1, Neighborhood Business District, Chapter 1112, of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1112 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 1112.04: CONDITIONAL USES: The following are conditional uses in a B-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 7. Outdoor Vending Kiosks; provided that: f. The kiosks shall use only electronic forms of payment. g. Only movies and video games may be rented from the kiosk. h. May be placed only at retail stores, motor fuel stations and restaurants. i. Only one business on each property may install outdoor vending kiosks. j. The kiosk shall be placed immediately adjacent to the host businesses building. No loss of parking or interference with the flow of traffic shall occur due to the placement of a vending kiosk. WHEREAS, amending the Zoning Code to add another conditional use in the B-1, Neighborhood Business, district will further the purpose of the zoning district, would better serve the public and would clarify the zoning requirements; and, Res 952-11 Page 2 WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1112 of the Mounds View Zoning Code to add another conditional use as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 16th day of November, 2011. ________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ James Ericson, City Administrator (SEAL) Item No: 6B Meeting Date: November 16, 2011 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discuss Code Amendment to Allow Therapeutic Massage as a Permitted Home Occupation Introduction: At the City Council’s meeting on October 24, 2011, resident Mary Jo Howell asked the Council whether it would be willing to amend the City Code to be more permissive toward allowance of “massage therapy” as a home based business in Mounds View. The City Council then discussed the idea at their work session on November 7, 2011. The City Council now supports amending the City Code, and has asked that the Planning Commission take on how this should be accomplished. Discussion: Massage Therapy is a licensed business activity in Mounds View. The regulations pertaining to massage therapy can be found in Chapter 514 of the Mounds City Code, originally adopted in 1996 via Ordinance 583. There are many licensing and zoning requirements associated with such a business and they are expressly permitted only in the B2, B3 & B4 commercial business zoning districts. Such a use is not permitted in a residential zone or as a home-based business, as indicated in Section 514.10, Subd. 2, regarding locations ineligible for a therapeutic massage license. This clause reads, “A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.” Staff requested information from other communities as to their allowance of massage therapy as a home occupation. Ten communities responded that the activity was allowed or permitted, although most required some sort of license or conditional use permit. The Planning Commission has been directed by the City Council to review the existing City Code and recommend the best way to make amendments that will allow therapeutic massage as a home based business. Currently all massage therapists must receive an annual license from the City. As you can see in Chapter 514.06, there is an extensive amount of information required from the applicant, and this license requirement would not change. Therapeutic Massage Code Amendment Report November 16, 2011 Page 2 Here are suggested ways to accomplish the change: - Amend Chapter 514.10 Subd.2 to state that a therapeutic massage business may be located in a residential home. This would be the simplest way to accomplish the change. - Choose to allow therapeutic massage in residential districts only as a conditional use. Chapter 1106.04 of the R-1, Single Family Residential Zoning Code would be amended to include Therapeutic massage under conditional uses. This may sound like a good way to put some controls on this home based business, but realistically may not be necessary. A very thorough background check is done on the therapists, and it is highly unlikely that this type of business would cause the kind of problems in the neighborhood that is typically addressed through a conditional use permit. There are already requirements in Chapter 1106.03 Subd. 3 for Home Based Occupations so any parking or nuisance problems can simply be handled by the existing City Code. Recommendation: The Planning Commission should discuss how to amend the City Code to allow Therapeutic Massage as a home based business. Respectfully submitted, Planning Associate Attachments: 1. Municipal Survey regarding Massage Therapy as a Home Occupation 2. Mounds View City Code Chapter 514 Massage Therapy as a Home Occupation – Survey Results City Permitted? Additional Information Arden Hills Yes Requires a business license and a Conditional Use Permit Blaine Yes Blaine does not license massage therapy businesses, and so long as it satisfies general home occupation requirements, it would be permitted. Brainerd Yes Requires a home business license. Champlin Yes Champlin has a specific license for home based massage businesses which combines the otherwise separate business/therapist licenses into one. There have not been any problems with the licensed home based businesses. Eagan No Licenses shall be granted only for operation on fixed premises which must be located in a commercial or industrial district as established by the zoning chapter. Falcon Heights Yes They are required to get a home occupation license as well as the regular massage therapy licenses. Fridley No Fridley does not permit home based massage therapy. Ham Lake Yes, by CUP Therapists must be certified by the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB), or have passed the MBLEx examination given by the Federation of State Massage Therapy Boards, or be a member in the American Massage Therapy Association (AMTA) or Associated Bodywork and Massage Professionals (ABMP). Hours of operation limited to 8 am to 10 pm. Mendota Heights No Massage therapy not a permitted home business. New Brighton No Under the licensing section there are very specific requirements for offering massage therapy in a residential district. One of the limitations is that the property CANNOT be used for residential purposes. So by definition one cannot have a home-based massage business. Richfield Yes The therapist must be certified by the National Certification Board for Therapy Massage and Bodywork or by the Massage and Bodywork Licensing Examination. Shakopee Yes Shakopee allows massage therapy as a home occupation, so long as the business meets the criteria for a home occupation set forth in the City's zoning code. The definition of "home occupation" is very broad, and includes "Any gainful occupation or profession engaged in by an occupant." Shakopee does not license massage therapists. Shoreview No Massage Therapy only allowed at commercial establishments licensed for massage therapy Stillwater Yes The City of Stillwater allows state licensed massage therapy as a home occupation in its residential districts. If the home occupation is a single practitioner business, and is practiced only by the resident, an administratively issued permit is all that is required. One other person may be employed in the home business if it meets a number of conditions and would then require a Special Use Permit. White Bear Lake Yes Massage Therapy requires a "special home occupation permit" which is similar to and processed the same as a conditional use permit, but does not run with the land. They charge less than a CUP for the application fee ($100 versus $400). City of Mounds View 514.01 514.01 CHAPTER 514 THERAPEUTIC MASSAGE SECTION: 514.01: Findings 514.02: Definitions 514.03: License Required 514.04: Exemptions 514.05: General Rule 514.06: License Application 514.07: Application and Investigation Fees 514.08: Application Verification and Consideration 514.09: Persons Ineligible for License 514.10: Locations Ineligible for Therapeutic Massage Enterprise License 514.11: General License Restrictions 514.12: Restrictions Regarding Sanitation and Health 514.13: License Term: Renewals 514.14: Suspension: Revocation 514.15: Temporary Therapist License 514.16: Hours of Operation 514.17: Violations and Penalties 514.01: FINDINGS. It is found and determined that: a. Persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b. Health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c. License qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d. Massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. City of Mounds View 514.02 514.02 (Rev. 4/09) 514.02: DEFINITIONS: The terms defined in this Section have the meanings given them. Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. “Recognized school” means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of a massage therapist that requires a resident course of study that requires not less than seventy (70) hours before the student is issued a diploma or certificate of graduation. If the school or institution is located in the United States, it must have current membership in good standing in the American Massage and Therapy Association or other recognized professional massage organization. If the school or learning institution is located outside of the United States, the applicant must provide the City with decipherable documentation that shows that he or she attended a school or learning institution that is equivalent to attending a school or learning institution in the United States in both its course of study and diploma or graduation requirements. Schools offering a correspondence course not requiring actual physical attendance of class shall not be deemed a recognized school. (Added, Ord. 817, 4-2-09) Subd. 6. "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, sections 144.50 through 144.69. (Amended, Ord. 817, 4-2-09) Subd. 7. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. (Amended, Ord. 817, 4-2-09) Subd. 8. "In the City" means physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services in the City. (Amended, Ord. 817, 4-2-09) City of Mounds View 514.03 514.06 (Rev. 4/09) 514.03: LICENSE REQUIRED: Subd. 1. Therapeutic Massage Enterprise: It is unlawful to operate, offer, engage in or carry on massage services in the City without a therapeutic massage enterprise license. Subd. 2. Therapeutic massage therapist license: It is unlawful to practice, administer or provide massage services in the City without a therapeutic massage therapist license. 514.04: EXEMPTIONS: A therapeutic massage enterprise license or therapeutic massage therapist license is not required for the following persons and places: a. Persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; b. Persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; c. Persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; d. Places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and e. Athletic coaches, directors and trainers employed by public or private schools. 514.05: GENERAL RULE: The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: City of Mounds View 514.06 514.06 (Rev. 4/09) (1) Whether the applicant is an individual, corporation, partnership or other form of organization; (2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) The floor number, street number and rooms where the massage services are to be conducted; (4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; (5) If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) The name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; (7) Other information that the City Council may require. b. For applicants who are individuals: (1) The name and date of birth of the applicant and the applicant's residence address; (Amended, Ord. 817, 4-2-09) (2) If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) Residence addresses of the applicant during five (5) years preceding the date of application; (4) The type, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; (5) Names and addresses of the applicant's employers for the preceding five (5) years; (6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; City of Mounds View 514.06 514.06 (Rev. 4/09) (7) If the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: (1) The names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1b of this Section; (2) The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; (3) A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, Section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. d. For applicants that are corporations: (1) The name of the organization, and if incorporated, the state of incorporation; (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, Section 303.02; (3) The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subdivision lb; (4) A list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision 1b of this Section. Subd. 2. Therapeutic Massage Therapist: An application for a therapeutic massage therapist license must contain the following information: a. The applicant's name and address; b. The applicant's current employer; c. The applicant's employers for the previous five (5) years, including employer's name, address and dates of employment; City of Mounds View 514.06 514.07 (Rev. 4/09) d. The applicant's residence address for the previous five (5) years; e. The applicant's social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; h. Evidence that the applicant: (1) Has legal work status in the United States; (Added, Ord. 817, 4-2-09) (2) Has a diploma or certificate of graduation from a recognized school; (Added, Ord. 817, 4-2-09) (3) Has current insurance coverage with liability limits of at least one million dollars ($1,000,000.00) for professional liability in the practice of massage; (Amended, Ord. 817, 4- 2-09) (4) Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the City; (Amended, Ord. 817, 4-2-09) (5) In addition to the seventy (70) hours of resident study, applicant must complete at least four hundred (400) hours of certified therapeutic massage training as part of earning a diploma or certificate from a recognized school; (Amended, Ord. 817, 4-2-09) (6) Has at least one (1) year of experience practicing massage therapy as established by an affidavit. (Amended, Ord. 817, 4-2-09) i. Other information that the City Council may require. 514.07: APPLICATION AND INVESTIGATION FEES: The fees for a massage enterprise and therapist licenses are set forth from time to time by City Council resolution. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. City of Mounds View 514.08 514.10 (Rev. 5/10) 514.08: APPLICATION VERIFICATION AND CONSIDERATION: Subd. 1. Therapeutic Massage Enterprise License: The City Administrator must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this Section. Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage enterprise license, the City Administrator must make a written recommendation to the City Council as to issuance or non-issuance of the license. The City Council may order additional investigation if it deems it necessary, but must grant or deny the application within one hundred twenty (120) days of receipt by the City Administrator of the complete application and required fees. (Amended, Ord. 844, 5-20-10) Subd. 2. Therapeutic Massage Therapist License: Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage therapist license, the City Administrator must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter will be placed on the next available City Council agenda. (Amended, Ord. 844, 5-20-10) 514.09: PERSONS INELIGIBLE TO HOLD A LICENSE: (Amended, Ord. 817, 4-2-09) Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not be issued to or held by an individual who: (Amended, Ord. 817, 4-2-09) a. Is a minor; (Amended, Ord. 817, 4-2-09) b. Has been convicted of any crime directly related to the occupation licensed as set forth in Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; (Amended, Ord. 817, 4-2-09) c. Is not of good moral character or repute; d. Is not the real party in interest of the enterprise; e. Has misrepresented or falsified information on the license application. Subd. 2. Therapeutic Massage Therapist License: A therapeutic massage therapist license may not be issued to or held by a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. (Amended, Ord. 817, 4-2-09) 514.10 514.11 (Rev. 5/10) City of Mounds View 514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE: Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, Sections 278.01-278.13, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. 514.11: GENERAL LICENSE RESTRICTIONS: Subd. 1. Posting: A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Area: A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee must inform the City Administrator. A licensed therapeutic massage therapist may perform on-site massage at a business, public gathering, private home. or other site not on the therapeutic massage enterprise premises. (Amended, Ord. 844, 5-20-10) Subd. 3. Transfer: The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 4. Coverings: The therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with nontransparent material or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. Subd. 5. Prohibited Massage: A therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. City of Mounds View 514.12 514.13 (Rev. 5/10) 514.12: RESTRICTIONS REGARDING SANITATION AND HEALTH: Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. Subd. 3. The therapeutic massage therapist must wash the therapist's hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. Subd. 10. A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Massage therapists must wear clean clothing when performing massage services. 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The City Administrator must prepare an application form for the renewal of a license requiring information that he or she determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. (Amended, Ord. 817, 4-2-09; Ord. 844, 5-20-10) City of Mounds View 514.14 514.17 (Rev. 5/10) 514.14: SUSPENSION; REVOCATION: A license granted under this Section may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime directly related to the therapeutic massage occupation unless competent evidence can be shown of sufficient rehabilitation and present fitness to perform the duties of the occupation as set forth in Minnesota Statutes, Section 364.03 or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. (Amended, Ord. 817, 4-2-09) 514.15: TEMPORARY THERAPIST LICENSE: Subd. 1. The City Administrator may issue a temporary therapeutic massage therapist license as provided in this subsection. (Amended, Ord. 844, 5-20-10) Subd. 2. A temporary massage therapist license may be issued to a person who: a. Is qualified to hold a massage therapist license under this Section; b. Has completed the required application and paid the license fee at least seven (7) days prior to the effective date of the license. Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days. Subd. 4. All other provisions of this Section apply to temporary licenses. 514.16: HOURS OF OPERATION: A licensed therapeutic massage enterprise may not operate for business between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m. 514.17: VIOLATIONS AND PENALTIES: Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. (Ord. 583, 9-23-96)