2019-09-24 Council Work Session packetCITY OF MENDOTA HEIGHTS CITY
COUNCIL WORK SESSION
AGENDA
September 24, 2019
4:00 pm
Mendota Heights City Hall
1) Call to Order
2) Discussion Items
a) Amendment to Code Regarding Massage Therapy Licensing
b) Addition to Code Regarding Allowing Charitable Gambling
c) Discuss Distance Separation Requirement for Liquor Establishments from
Religious Establishments and/or Schools
d) Establishment of City Commission
3) Other Business
4) Adjourn
City Council Work Session Memo DATE: September 24, 2019 TO: Mayor and City Council FROM: Mark McNeill, City Administrator Lorri Smith, City Clerk SUBJECT: Proposal to Amend Massage Licensing Ordinance COMMENT:
The City’s current regulations for massage licensing were adopted in 2010 and are out of date and not
clear. In April of 2018, the City adopted an interim ordinance (more commonly known as a moratorium)
that allowed the city to study this issue. During the time of the moratorium, the City did not receive any
requests for a massage therapist license or an establishment license.
These changes would increase the standards for massage therapy in our community. The major revisions
being proposed include the following:
- Deletes the current section in its entirety and replaces with new ordinance
- Requires applicants for massage therapists to have a minimum of 500 hours of
training/course work (Currently all of the licensed massage therapists meet this minimum)
(From the survey completed, this is the number of hours that most cities require)
- Clarifies that a health or medical facility operated by a licensed medical professional does
not need a massage establishment license; massage therapists working under the direction of
a licensed medical professional do not need to have a massage therapist license. This is also
stated in State Statutes (SS 471.709) and the ordinance would follow that statute.
- Clarifies that students who are enrolled in an approved school, and supervised by an
instructor, do not need to be licensed
- Requires massage establishments and therapists who are contractors to provide proof of
general and professional liability insurance coverage (minimum $300,000 combined single
limit per occurrence)
- Allows a licensed therapist to provide massage therapy services to a client at the client’s
residence or place of care if in a medical facility
- Allows a licensed therapist to provide massage in connection with a special event in the city
- Adds a penalty section if a violation occurs, misdemeanor, fine of $1,000
- All licenses would now be approved by the City Council (these were approved
administratively)
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All of the licensed massage establishments and therapists have been notified of these proposed changes
and that this ordinance will be heard at the October 2, 2019 Council meeting. To date, staff has not
received any questions from them.
Recommendation:
Staff recommends that the Council give direction as to what information they would like to see included
or changed in order to update our current massage therapy licensing regulations.
Any changes would then be brought the October 2nd City Council meeting for consideration and
adoption.
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CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
Ordinance No. 544
AN ORDINANCE AMENDING AND RESTATING CITY CODE SECTION 3-6
REGULATING THERAPEUTIC MASSAGE ENTERPRISES
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
SECTION 1 Title 3-6 of the Mendota Heights City Code is hereby deleted in its entirety
and replaced as follows:
PURPOSE: The city recognizes therapeutic massage, as distinguished from other
forms of massage, as a scientific health care and/or maintenance technique or
procedure for the human muscles, tendons, tissues, and the like. The city also
recognizes the potential for illicit massage operations or establishments in the wake
of legitimate, professional therapeutic massage establishments. Accordingly, in order
to prevent illicit massage operations and protect against the existence of illicit
massage establishments or operations in the city and to protect the public's health,
safety, and welfare, including the protection of the city's legitimate massage
therapists' profession and reputation, the city deems it necessary to regulate
therapeutic massage establishments and massage therapists through the licensing
process.
Sec. 1. Definitions.
DEFINITIONS: As used in this Chapter, the following words and terms shall have
the meanings stated:
Approved institution. An educational institution holding approved status with the
United States Department of Education, Minnesota Office of Higher Education, or by
any state licensing board.
Approved program. A professional massage program or educational institution
approved by the Commission on Massage Therapy Accreditation (COMTA) or the
National Accrediting Commission of Career Arts and Sciences (NACCAS).
Continuing Education Class. A post graduate continuing education class,
provided it is an approved class with the National Certification Board for
Therapeutic Massage and Bodywork or another nationally recognized certification
licensing organization.
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Massage therapy or therapeutic massage. The rubbing, tapping, pounding or
kneading of a person's skin, muscles, and tissues or the stretching of body limbs (e.g.
Thai massage) for the purpose of easing mental and physical tension, the breaking
up of fatty tissues, relaxing muscles, or alleviating muscle spasms, and the
improvement of circulation through the body.
Massage therapy business. Any enterprise, establishment, or operation, whether
under control of an individual or legal entity, providing or offering to provide massage
therapy services within the city for a fee or other consideration paid either directly or
indirectly, that:
(1) Has one or more massage therapists, employed or contracted to provide
massage therapy services for the massage therapy business; or
(2) Is located in a fixed location in a nonresidential district within the city
wherein massage therapy services are provided. Any health or medical
facility, office, or clinic operated by state licensed medical
professional(s) or any health or medical-related business operated by
state licensed medical professional(s) which provides therapeutic
massage to its patients shall not be deemed as a massage therapy
business.
Massage therapist. A person who practices or provides therapeutic massage to
another for a fee or other consideration paid either directly or indirectly. A person
licensed as a medical doctor, chiropractor, osteopath, licensed nurse, physical
therapist, or athletic director or trainer shall not be deemed as a massage therapist.
Likewise, a podiatrist, beautician (cosmetologist) or barber who confines his/her
treatment to the scalp, face, and neck or the lower leg and feet in the case of a
pedicure shall not be deemed as a massage therapist.
Student of massage therapy. A person who is enrolled in and attends an approved
institution or approved program as defined herein, or is attending a continuing
education class.
Sec. 2. License required.
(a) Massage therapist license required. Except as provided for by
Minnesota Statutes, Section 471.709, as amended, it is unlawful
for any person to practice therapeutic massage therapy or provide
or offer to provide therapeutic massage therapy within the city
without a license therefore issued by the city.
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(b) Massage therapy business license required. It is unlawful for any
person or entity to operate a massage therapy business within
the city without a license therefore issued by the city.
(c) Exceptions.
(1) This section shall not apply to, and no massage therapy
business license shall be required for a student of massage
therapy, completing course work at an approved institution
or an approved program of study, provided:
a. The massage therapy is provided during and as part of a
course or clinical component of the approved institution’s
or program’s course work, or during a continuing education
class; and
b. The student of massage therapy is supervised by an
instructor, certified by the approved institution, program,
or sponsor of the continuing education class, while the
student is providing or performing massage therapy. A
notice, which advises the public that the person who may
provide massage therapy services is a student of massage
therapy and is not licensed by the city, shall be posted in a
conspicuous location in the room in which the massage
therapy is provided.
(d) License period and renewal. A license issued under this chapter
shall be an annual license, expiring on June 30 of each year. Any
massage therapy business and/or therapist doing business within
the city as of the effective date of this chapter, shall file all
required license applications hereunder, along with the license
and investigation fees, no later than May 1 of each year. A
license may be annually renewed, provided the licensee complies
with the renewal application process as follows:
(1) The licensee shall complete the renewal application
materials provided by the city;
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(2) The completed renewal application materials, along with
the license fee, shall be filed with city clerk no later than
May 1 of the renewal year; and
(3) The massage therapy business license renewal application
shall provide all information regarding ownership interests
in the business.
(e) License and investigation fees. The license and investigation fees shall
be determined by the city council as set forth in the fee schedule.
(1) All licenses shall expire on the last day of June in each year. Each
license shall be issued for a period of one year, except that if a
portion of the license year has elapsed when a new application is
made, a license may be issued for the remainder of the year for
a pro rata fee. In computing such fee, any unexpired fraction of
a month shall be counted as one month.
(2) In the case of a massage therapy business that is wholly owned
and operated by a massage therapist licensed under this chapter
and does not have any employee(s) or contracted person(s) other
than the massage therapist licensed owner providing massage
therapy services for or through the massage therapy business,
only the massage therapist license fees shall be required.
(3) If it is found at any time during the term of the license period that
the massage therapy business is not wholly owned and operated
by the massage therapist licensed under this chapter or it has an
employee(s) or contracted person(s) other than the massage
therapist licensed owner providing massage therapy services for
or through the massage therapy business, then the massage
therapy business license fees shall be required to be paid on a
prorated basis for the remaining term of the massage therapy
business license, in addition to any licensing fees required for the
employee(s) or contracted person(s).
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Sec. 3. License application.
(a) Massage therapy business license application. An original application
for a license to operate a massage therapy business shall be filed, along
with all required fees, with the city clerk. The investigation fee is applied
to the city's costs of the background investigation of the massage
therapy business and all persons or entities that have at least a five
percent financial interest in the massage therapy business. The
property containing the massage therapy business must be in
compliance with all federal, state and local applicable laws and
ordinances. The police department shall conduct the background
investigation before consideration of the license by the city council. The
application shall provide:
(1) All applicants (business or individual):
a. Whether the applicant/owner is an individual, corporation,
partnership, or other form of organization;
b. Full name, address, date and place of birth, and telephone
number of the applicant, all owners and operators,
including the designated on-site manager or agent of the
applicant;
c. The address of the premises where the massage therapy
business is to be located if proposed to have a fixed
location in which the services are provided and if the
applicant does not own the premises, a copy of the lease
agreement to occupy the premises;
d. Statement of whether all taxes and special assessments
due and owing on the premises on which the applicant
proposes to operate the massage therapy business are
current, and if taxes are delinquent, the years for which
the taxes on the premises are delinquent (this information
is required by the applicant only if the applicant or other
entity in which the applicant has an interest has the legal
duty to pay said property taxes or assessments due and
owing, through an ownership interest or lease provision);
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e. The name of the business if the business is to be operated
under a name or designation other than the name of the
applicant. This designation shall be accompanied by a
certified copy of the certificate required by Minn. Stats. §§
333.01 and 333.02;
f. Proof of general and professional liability insurance
coverage in effect as required in this chapter;
g. The applicant shall produce at the time of filing an
application the applicant's proof of identification, which
may be established only by one of the following:
1. A valid driver's license or identification card issued
by Minnesota, another state, or a province of
Canada, and including the photograph and date of
birth of the applicant;
2. A valid military identification card issued by the
United States Department of Defense;
3. A valid passport issued by the United States; or
4. In the case of a foreign national, by a valid passport.
For purposes of proof of identification, the "applicant" shall
mean the on-site manager or agent for a massage therapy
business filing application and the natural person signing
the application for a massage therapy business license;
h. The application shall identify the full name, address, date
and place of birth, and telephone number of the natural
person, designated by the applicant as the massage
therapy business's on-site manager or agent, along with
the notarized written consent of such a person to: (1) take
full responsibility for the conduct of the licensed premises
operation; and (2) serve as agent for service of notices and
other process relating to the licenses;
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i. With respect to the owner, operator, or any person who
has a five percent financial interest in the proposed
licensed massage therapy business and the appointed on-
site manager or agent of the applicant, information as to
any and all criminal convictions of any state, county, or
local law or regulation;
j. Proof of Workers' Compensation Insurance as required by
Minnesota law; and
(2) Individuals:
a. The full name, address, date and place of birth, and
telephone number of the applicant;
b. Whether the applicant and on-site manager or agent have
ever used or have been known by a name other than his
or her name on the application, and if so, the name or
names used and information concerning dates and places
were used;
c. Whether the applicant is a United States citizen or is legally
permitted to be in the United States and providing proof
thereof;
d. The street addresses and cities at which the applicant and
on-site manager or agent have lived during the preceding
ten years;
e. Names, addresses, and dates of the applicant's and on-site
manager's or agent's employers for the preceding ten
years;
f. Whether the applicant and on-site manager or agent have
ever been engaged in the operation and/or provision of
massage services. If so, they shall furnish information as
to the name, place, and length of time of the involvement
in such an establishment; and
(3) Partnerships:
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a. The full name(s), address(es), date(s) and place(s) of
birth, financial interests of all general partners and all of
the information concerning each general partner that is
required of individual applicants in provision (2) of this
section;
b. The full names(s), address(es), date(s) and place(s) of
birth, and telephone number(s) of the manager partner(s)
and the interests of each managing partner in the massage
therapy business;
c. A copy of the partnership agreement shall be submitted
with the application. The license shall be issued in the name
of the partnership; and
(4) Corporations and other organizations:
a. The name of the corporation or business firm, and if
incorporated, the state of incorporation;
b. A copy of the certificate of incorporation shall be attached
to the application. If the applicant is a foreign corporation,
a certificate of authority as required by Minn. Stat. §
303.06, shall be attached;
c. The name of the manager(s), proprietor(s) or other
agent(s) in charge of the business and all of the
information concerning each manager, proprietor, or agent
that is required of applicants in provision (2) of this
section;
d. A list of all persons who own or have a five percent or more
interest in the corporation or organization or who are
officers of said corporation or organization, together with
their addresses and all the information regarding such
persons as is required in paragraph (2) of this section.
(b) Massage therapist license application. An original application for a
massage therapist license shall be filed, along with all required fees, with
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the city clerk. The police department shall conduct a background
investigation before consideration by the city council. The application for
a license under this subsection shall be made on a form supplied by the
city clerk and shall request the following information:
(1) The applicant's full name, address, date and place of birth,
telephone number, weight, height, eye color;
(2) The name, address, and telephone number of the applicant's
current employer, if applicable;
(3) The applicant's employers for the previous ten years, including
each employer's name and address and dates of employment;
(4) The applicant's addresses for the previous ten years;
(5) Whether the applicant is a United States citizen or is legally
permitted to be in the United States and providing proof thereof;
(6) Whether the applicant has ever used or has been known by a
name other than his or her name, and if so, the name or names
used and information concerning dates and the county and state
where used;
(7) Proof of general and professional liability insurance coverage in
effect as required in this chapter (proof of insurance coverage
may not be available to the applicant at time of application, but
proof of insurance coverage shall be submitted to the city clerk
before a license is issued). The requirement to provide general
liability insurance coverage shall not apply to a massage therapist
who is an employee of a massage therapy business and covered
by the massage therapy business general liability insurance
policy;
(8) The applicant shall produce at the time of filing an application the
applicant's proof of identification, which may be established only
by one of the following:
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a. A valid driver's license or identification card issued by
Minnesota, another state, or a province of Canada, and
including the photograph and date of birth of the applicant;
b. A valid military identification card issued by the United
States Department of Defense;
c. A valid passport issued by the United States; or
d. In the case of a foreign national, by a valid passport.
(9) Information as to any and all criminal conviction(s) of any state,
county, or local law or regulation;
(10) One of the following:
a. Proof of successful completion of a minimum of 500 hours
of therapeutic massage training/course work that includes
subjects of anatomy, physiology, hygiene, ethics, massage
theory and research, and massage practice from an
approved institution or program; or
b. A diploma or certificate of graduation from a
comprehensive massage therapy program consisting of the
course work stated above in subclause a. issued to the
applicant from an approved institution or an approved
program; or
c. Proof of passing the National Certification Exam offered by
the National Certification Board for Therapeutic Massage
and Bodywork or proof of passing the Federation of State
Massage Therapy Boards (FSMTB) Massage and Bodywork
Licensing Examination (MBLEx).
Sec. 4. License eligibility
(a) A massage therapy business shall not be issued a massage therapy
business license or any license previously issued may be revoked upon
the following grounds:
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(1) The proposed fixed location or premises in which the massage
therapy business proposes to provide massage therapy services
is not located in a permitted zoning district for therapeutic
massage services and has not received required permits under
the City Code;
(2) The owner, operator, or any person who has at least a five
percent financial interest in the proposed licensed massage
therapy business or the appointed on-site manager or agent of
the applicant has a conviction for, or was charged with, but
convicted of a lesser charge of a crime, or is under a stay of
adjudication from, a charge involving a violation of any massage
therapy-related regulation in any other jurisdiction, any
prostitution-related offense, criminal sexual conduct, indecent
exposure, surreptitious intrusion, disorderly house as defined by
Minnesota Statutes, theft, felony drug offense, any crime of
violence as defined by Minnesota Statutes, or any other similar
crime or offense within five years of the date of application;
(3) The owner, operator, or any person who has at least a five
percent financial interest in the proposed licensed massage
therapy business had a massage therapist- or massage therapy
business-related license in another jurisdiction that was
suspended or revoked within ten years preceding the date of
application.
(4) The application failed to identify the full name, address, and date
and place of birth of the natural person designated by the
applicant as the massage therapy business's on-site manager or
agent, along with the notarized written consent of such a person
to: (1) take full responsibility for the conduct of the licensed
premises and operation; and (2) serve as agent for service of
notices and other process relating to the license;
(5) The on-site manager or agent designated by the applicant is not
a United States citizen and is not legally permitted to be in the
United States;
(6) The applicant provided false, misleading or misrepresented
information in the application;
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(7) The massage therapy business is proposed to be operated on
premises on which property taxes, assessments, or other financial
claims by the state, county or city are due, delinquent, and unpaid
(but not including delinquent taxes, assessments or other
financial claims that are being appealed through the customary
means by the applicant), provided the applicant or other entity in
which the applicant has an interest has the legal duty to pay said
taxes, assessments, or claims due and owing;
(8) The applicant, if not covered by a massage therapy business
insurance policy, does not have general or professional liability
insurance coverage in effect as required in this chapter;
(9) The applicant has been denied a license under this chapter within
the preceding 12 months; or
(10) The applicant has employed or allowed massage therapists not
licensed by the city to provide massage therapy at the business
site licensed within the past 12 months.
(b) A massage therapist shall not be issued a massage therapist license or
any license previously issued may be revoked upon the following
grounds:
(1) The applicant has a conviction for or was charged with, but
convicted of a lesser charge or is under a stay of adjudication
relating to, a crime involving a violation of any massage therapy-
related regulation in any other jurisdiction, any prostitution-
related offense, criminal sexual conduct, indecent exposure,
surreptitious intrusion, disorderly house as defined by Minnesota
Statutes, theft, felony drug offense, any crime of violence as
defined by Minnesota Statutes, or any other similar crime or
offense within five years of the date of application;
(2) The applicant had a massage therapist-or massage therapy
business-related license in another jurisdiction that was
suspended or revoked within ten years preceding the date of
application;
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(3) The applicant is not 18 years of age or older;
(4) The applicant is not a United States citizen and is not legally
permitted to be in the United States;
(5) The applicant has not earned or did not provide:
a. Proof of successful completion of a minimum of 500 hours
of therapeutic massage training/course work that includes
the subjects of anatomy, physiology, hygiene, ethics,
massage theory and research, and massage practice from
an approved institution or approved program; or
b. Proof of a diploma or certificate of graduation in a
comprehensive massage therapy program consisting of the
course work stated above in subclause a. issued to the
applicant from an approved institution or an approved
program for massage therapy; or
c. Proof of passing the National Certification Exam offered by
the National Certification Board for Therapeutic Massage
and Bodywork or proof of passing the Federation of State
Massage Therapy Boards (FSMTB) Massage and Bodywork
Licensing Examination (MBLEx);
(7) The applicant provided false, misleading or misrepresented
information on the application;
(8) The applicant does not have general and professional liability
insurance coverage in effect as required in this chapter for
applicants not covered by a massage therapy business insurance
policy; or
(9) The applicant has been denied a license under this chapter within
the preceding 12 months.
Sec. 5. Restrictions and regulations
(a) Massage therapy business licenses granted for massage therapy
services or operation at a fixed location or premises does not permit the
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business to provide massage therapy services at any location other than
the premises identified on the license, except a licensed massage
therapist employed or contracted by the massage therapy business
licensee may provide massage therapy services: (1) to a client at the
client's residence or place of care if in a long- or short-term care facility,
such as a hospital, nursing home, or convalescence facility; or (2) in
connection with a special event or function whereby the massage
therapist provides massage therapy services to attendees of the event
or function.
(b) The act of any employee of a message therapy business licensee is
deemed to be the act of the licensee. The licensee shall be responsible
for all acts and conduct attributable to and in connection with massage
therapy services provided by employees of the licensee or occurring on
the premises of the massage therapy business.
(c) The person who is receiving a massage shall at all times have his/her
anus, intergluteal cleft (buttocks crease), and genitals covered with
clothing or properly draped with non-transparent material. The person
who is receiving massage therapy of the breast or buttocks (gluteal)
shall have the breast or buttock (gluteal muscle) that is not then
immediately receiving massage therapy properly covered and draped
with non-transparent material.
(d) The licensee and all employees of the licensee shall at all times be fully
clothed and shall not expose his/her breast, buttocks, anus, or genitals.
(e) At no time shall the massage therapist touch or offer to touch or
massage the penis, scrotum, mons veneris, vulva, or vaginal area of
any customer or person inquiring of or receiving massage therapy
services.
(f) No beer, liquor, narcotic drug, or controlled substances, as such terms
are defined by state statutes or the City Code, shall be used or ingested
or be present during any massage therapy session.
(g) No doors or massage rooms, when occupied by one or more persons,
shall be locked. All locks, if any, shall be keyed only from the exterior of
the massage rooms.
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(h) Only massage therapists who are licensed by the city shall practice or
provide therapeutic massage services for licensed massage therapy
businesses or within the licensed massage therapy business premises
as identified in its license.
(i) The licensee shall comply with any and all provisions of this chapter, all
provisions of the City Code, and any state law or regulation.
(j) The licensee shall not provide any massage therapy services and the
identified premises for a licensed massage therapy business shall not be
open between the hours of 10:00 p.m. and 6:00 a.m. of any day.
(k) The licensed premises under a licensed massage therapy business, if
any, shall, during all operating hours, be open to inspection by any
public health, building, zoning, code or police officer to determine
whether this chapter and all other laws are being observed. All persons,
as a condition to being issued such license, consent to such inspection
by such officers. It is unlawful for any licensee or agent or employee of
a licensee to hinder or prevent a city inspecting officer from making such
inspection. The licensed premises must carry adequate property liability
insurance coverage.
(l) If a licensed massage therapy business's on-site manager or agent
ceases to be located at the licensed premises or ceases to act in such
capacity for the licensee without appointment of a successor, the license
issued pursuant to such appointment shall be subject to revocation or
suspension.
(m) No license issued under this chapter may be transferred or assigned.
Massage therapy business licenses shall terminate upon any change in
officers or ownership interests of the licensee, unless the change is
approved by the city council, in which case the license shall only
continue in force until the end of the regular license term.
(n) The licensee shall have in effect during the license period general liability
and professional liability insurance providing minimum coverage of
$300,000.00 combined single limit per occurrence. The requirement for
general and professional liability insurance coverage shall not apply to
a licensed massage therapist who is an employee of and covered under
a massage therapy business general and professional liability insurance
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policy provided proof of such coverage is provided to the city. The
licensee shall provide to the city a certificate of insurance evidencing the
insurance coverage as required herein.
(o) The licensee shall comply with all federal, state and local laws and
ordinances of health and sanitation.
(p) Violation of any law or regulation relating to the license issued under
this chapter, or any building, safety or health regulation, shall subject
the license to revocation or suspension.
(q) As of the effective date of this ordinance, all massage therapists
currently operating in the city under a valid license do not need to meet
the 500-hour licensing requirement, but must comply with all other
provisions of this chapter.
Sec. 6. Display of License
The license of the massage therapy business and of every massage therapist
employed thereby, shall be displayed in an open and conspicuous place on the
premises and shown to law enforcement officers upon request.
Sec. 7. Prohibited business or operations
No massage therapy business shall be used or operated as or in conjunction
with an adult use business as defined in this Code.
Sec. 8. Appeal
(a) Notice Of Action: If the city council denies the issuance of a license, or
suspends or revokes a license, the administrator or designee shall send
to the applicant, or licensee, by certified mail, return receipt requested,
written notice of the action. The written notice shall also provide notice
of the applicant or licensee’s right to an appeal of the denial, suspension
or revocation to a third-party hearing officer. The written notice of
appeal must be filed with the city within 10 days of receipt of the notice
of action.
(b) Hearing: The hearing officer shall hold a hearing to consider the appeal
within 14 days after the appeal request is received. The hearing officer
shall make written findings of fact and a disposition on the matter.
Hearings on the appeal shall be open to the public and the licensee or
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applicant shall have the right to appear and be represented by legal
counsel and to offer evidence on its behalf.
(c) Suspension: The City Administrator or a designee may immediately
suspend a license issued under this chapter for up to 20 days upon the
occurrence of any unlawful acts as identified in this chapter. Any
adverse license action resulting from a suspension shall be processed,
and is subject to appeal, as provided in this section.
Sec. 9. Penalty
Violation of a provision of this chapter is a misdemeanor and, upon conviction
thereof, a person may be punished by a fine of not more than one thousand
dollars ($1,000.00), or such other amount set by law, or imprisonment for a
term not to exceed ninety (90) days, or such other term set by law, or both.
Each act of violation and each day on which a violation occurs or continues is
a separate violation.
Sec. 10. Severability
In the event that a court of competent jurisdiction adjudges any part of this
chapter to be invalid, such judgment shall not affect any other provision of this
chapter not specifically included within the judgment.
SECTION 2 This Ordinance shall be in full force and effect from and after its publication
according to law.
Adopted and ordained into an Ordinance this 1st day of October, 2019.
MENDOTA HEIGHTS CITY COUNCIL
CITY OF MENDOTA HEIGHTS
_______________________
Neil Garlock, Mayor
ATTEST:
___________________________
Lorri Smith, City Clerk
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City Council Work Session Memo
DATE: September 24, 2019 TO: Mayor, City Council, and City Administrator FROM: Mark McNeill, City Administrator Lorri Smith, City Clerk SUBJECT: Proposed Ordinance to Allow for Charitable Gambling in the City
COMMENT:
City staff has had two inquiries from nonprofit organizations wishing to apply for premises permits to conduct
charitable gambling in the city. The proposed ordinance would ensure that charitable gambling in the city is
conducted by organizations licensed under Minnesota Statutes and that the proceeds are used primarily for the
betterment of the community.
This chapter would regulate all forms of lawful gambling except bingo conducted within a nursing home or a
senior citizen housing project, or by a senior citizen organization. The ordinance follows Minnesota Statutes
and cannot be less restrictive.
Eligible locations for gambling include only licensed on or off sale liquor establishments, or bingo halls. The
proposed ordinance would only allow gambling at on sale liquor establishments.
Organizations that are eligible to conduct gambling include fraternal, religious, veterans, or nonprofit
organizations. The organizations must first obtain a gambling license from the State of Minnesota through the
Gambling Control Board. An eligible organization must have at least 15 active members, have been in
existence for at least three years, and have a gambling manager identified. They must not exist for the sole
purpose of conducting gambling.
Once an organization is granted a license from the state, it would then apply for a premises permit for a specific
gambling location. When submitted to the State of Minnesota, this premises permit application must be
accompanied by a resolution from the city council granting approval. The premises permit runs concurrently
with the organization’s license and is perpetual.
page 21
Gambling proceeds may only be used for allowable expenses identified by statute. The Gambling organization
would be required to submit monthly and annual reports to the State of Minnesota, of which the City would
receive copies.
The ordinance could require an organization to expend at least 50% of its expenditures on lawful purposes
within the City of Mendota Heights, or within the Mendota Heights’ trade area. The trade area is proposed to
be defined as the cities of Sunfish Lake, Eagan, Mendota, Lilydale, and West St. Paul.
The ordinance could also require that an organization contribute 10% of its net profits monthly to a fund
administered by the City. The city could then disburse the funds collected as allowed under state law. An
example of a possible use would be the funding of the 4th of July fireworks, which is currently tax-funded.
Financial Impact:
The City could assess an annual investigation fee of $100 (the maximum allowed by state statute) to each
organization licensed to conduct gambling in Mendota Heights. This fee would be the amount available to
cover the annual costs for regulation by the city. One City regulatory cost would be to monitor the monthly
reports—the amount of time needed for that would be dependent on the number of gambling sites. There
would also be the staff time needed to submit a yearly report which would be necessary to submit to the State
if the City is to receive the 10% contribution.
The enforcement of charitable gambling laws themselves is the responsibility of the State of Minnesota, and
so there is no additional local cost for that.
Recommendation:
Staff recommends that the Council give direction as to if they would like to allow charitable gambling in the
city and if so, what changes they would like to see included or changed in the proposed ordinance.
Any such ordinance would them be brought to a future regular City Council meeting for consideration.
page 22
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 543
AN ORDINANCE ADDING TITLE 4 CHAPTER 8
RELATED TO GAMBLING
The City Council of Mendota Heights does hereby ordain:
Section 1. Mendota Heights City Code Title 4 Chapter 8 is hereby added to read as follows:
4-8. Gambling.
4-8-1. Purpose. The purpose of this chapter is to ensure that charitable gambling in the city is conducted
by organizations licensed or exempt from licensing under Minnesota Statutes and that the
proceeds from such gambling are used primarily for the betterment of the residents and
businesses of the community. These restrictions shall be no less restrictive than Minnesota
Statutes or regulations and shall apply to all forms of lawful gambling.
4-8-2. Applicability. This chapter shall regulate all forms of lawful gambling within the city except bingo
conducted within a nursing home or a senior citizen housing project or by a senior citizen
organization and the following are followed:
A. The prizes for a single bingo game do not exceed $10.00;
B. Total prizes awarded at a single bingo occasion do not exceed $200.00;
C. No more than two bingo occasions are held by the organization or at the facility each week;
D. Only members of the organization or residents of the nursing home or housing project are
allowed to play in a bingo game;
E. No compensation is paid for any persons who conduct the bingo; and
F. A manager is appointed to supervise the bingo.
4-8-3. Approval required. Unless excepted from regulation by this chapter and not including exempt or
excluded lawful gambling as defined by state law, it is unlawful for any organization to conduct
lawful gambling in the city without approval from the city council in the form of a premises
permit and without a permit issued by the city clerk or designee.
4-8-4. Applications.
A. Applications to conduct lawful gambling shall be considered and approved by the council at
regular meetings.
B. Only applications submitted by eligible organizations will be considered for approval.
C. An application organization shall provide adequate proof that it has at least 15 active
members and that at least 15 of its members are either employed or live within the city or
that it is a nationally known organization as determined by the city.
D. An applicant for a premises permit shall be subject to a criminal background investigation
which shall include investigation of the organization and the gambling manager.
E. No application for a premises permit will be considered or approved by the city council until
the investigation fee is paid in full. The investigation fee under this chapter shall be in an
amount set forth by city council resolution.
page 23
4-8-5. Regulations and restrictions.
A. In addition to regulations imposed by the state, all information and reports required to be
submitted to the state shall also be submitted to the city, both with the application and on an
annual basis. Failure to comply with this reporting requirement shall result in suspension of
the premises permit. The city council may revoke the premises permit where the organization
has failed to meet the reporting requirements on more than one occasion.
B. Lawful gambling may be conducted only in on-sale liquor licensed establishments in the city,
which are either owned or leased by the eligible organization.
C. Eligible organizations may, however, be granted off-site gambling approval for lawful
gambling in a premises other than on-sale liquor licensed establishments for no more than
four consecutive days.
4-8-6. Distribution of proceeds. Every organization conducting lawful gambling within the city of Mendota
Heights shall expend 50 percent of its expenditures derived from lawful gambling on lawful
purposes conducted or located within the city of Mendota Heights or the city of Mendota Heights'
trade area. The City of Mendota Heights' trade area is defined as the cities of Sunfish Lake, Eagan,
Mendota, Lilydale, and West St. Paul. Every organization must submit a report to the city each
January listing all lawful purpose expenditures from January 1 to December 31 of the preceding
year. The report shall identify the name of the entity to whom the check was written, the city
location of the recipient, and the amount of the donation.
4-8-7. Penalties. Violation of any provision of this Chapter shall be fined in accordance with section 1-4-1
of the city code. Additionally, a violation of this chapter shall be reported to the State Gambling
Control Board and a recommendation shall be made for suspension, revocation or cancellation of
an organization’s license.
Section 2. This Ordinance shall be effective immediately upon its passage and publication.
Adopted and ordained into an Ordinance this 3rd day of September, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
___________________________
Lorri Smith, City Clerk
page 24
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Discussion of Liquor License Separation from Schools/Houses of Worship
Date: September 24, 2019
Comment:
Introduction:
At the September 24th workshop meeting, the Council will be asked to discuss the section of the City
Code which limits how close a liquor license holder can be to a church or school.
Background:
In the discussion of the Village Lots development, the City Council was made aware that if the proposed
restaurant wants to serve alcohol, some changes will be needed in the City Code.
Section 3-1-12 of the City Code provides that “…no license shall be granted for a location within one
thousand (1000) feet of a school, or seven hundred twenty five (725) feet of any church. …In the case of a
church, the distance is to be measured from the lot upon which the establishment is to be located to the
nearest point of the church building.”
The site for the restaurant is within 725 feet of St. Paul’s United Methodist Church. It would be
constructed on one of multiple blocks and an outlot in the Village, which would conceivably be
consolidated into a single block for development. If that is the case, a section of that new lot could be as
close as 180 feet from the nearest point of the adjacent church building, even though much of the
development would be screened from the view of the church by one of the existing condominium
buildings.
The Community Development Director had provided aerial photos showing the known houses of
worship in Mendota Heights, with concentric rings of 300, 500, and 725 feet from the property lines.
Discussion:
One of the major points of discussion will be to determine if such a distance separation is still warranted.
The City Clerk did an informal survey of other cities in Dakota County and the City of St. Paul to
determine which still require a separation, and if so, what the distance might be. The results are as
follows:
page 25
St. Paul – no restrictions from churches; 300 feet from schools
Lakeville – no restrictions, eliminated quite some time ago.
Burnsville-No restrictions from churches. Respondent was not sure about schools
Apple Valley – no restrictions
Inver Grove Heights – Off sale only-500' from school or church-distance measured between the
nearest property lines of the parcels.
Rosemount – 300‘ from school or church-measured from main front entrance of the school or
church and the liquor establishment following the route of ordinary pedestrian travel.
South St. Paul – Off sale only-750’ from a school, 500’ from a church, the distance to be
measured from the nearest point of the property lines from one property to another;
It is probable that those cities which still have distance restrictions have not considered that requirement
for some time.
Note that the restrictions include on and off-sale, and do not differentiate 3.2 beer from full alcohol. Two
apparent inconsistencies in Mendota Heights is the Speedway convenience store on TH 62, which is
located within 500 feet of Holy Family Maronite Church. The convenience store was built in 1997; the
church building was constructed in 1981. The other inconsistency is Somerset Country Club and the
distance it is from Somerset Elementary School. Staff is unfamiliar with the circumstances surrounding
how those licenses were issued.
St. Paul’s United Methodist Church has been advised of this issue. There was no immediate comment,
but they were told that they would be advised when this would come before the Council for formal
consideration.
Recommendation:
The Council should discuss whether it wants to retain the distance separation in the City Code between
liquor license holders and houses of worship and schools. If it does, it should give direction as to what an
acceptable distance would be.
The issue would then be scheduled for consideration at a regular City Council meeting.
page 26
HWY 62 LEXINGTON AVEHUNTER LNCENTRE POINTE CUR
VICTORIA CUR
CULLIGAN LN
GLENHILL RDCENTRE POINTE DR
VAIL DR TWIN CIRCLE DRAVANTI DR
VIC
T
O
R
I
A
R
D
PATRICIA STTHERESA STCENTRE POINTE BLVDHUNTER CT
VERONICA LN
TOM THUMB BLVD
HWY 62
BETH JACOB SYNAGOGUE725' - 500' - 300' BUFFERS(Property Lines)
City ofMendotaHeights0390
SCALE IN FEETDate: 9/17/2019
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 27
HWY 62LEXINGTON AVEVICTORIA RDVICTORIA RD S
VICTORIA CUR
DAKOTA DR
VAIL DR
CENTRE POINTE CUR SUMMIT LNTWIN CIRCLE DRI-35E RAMPMARY ADELE AVE
MENDOTA RD RAMP
TIMMY STVICTORIA CT
HWY 62
HOLY FAMILY CHURCH 725' - 500' - 300' BUFFERS(Property Lines)
City ofMendotaHeights0310
SCALE IN FEETDate: 9/17/2019
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 28
656656680
656
702
750
684 650
1968
679
720
1940
1926
670
1960 673
1912645
646
699
664
649
745
697
689 679
643
654
645
698
651
655
657
1946
1954
660
663
660668692
667685
680686
693
674
659
636
669
667 663
641
651 641
730
639
689
1937
1938
1971
1975
1947
1957
1965
1911
1919
1929
1937
740
1925
698
1944
1899
HWY 62
LINDEN ST
SOUTH LNMENDOTA RD
MULLBERRY LN
MARKET STMAIN STOAK STMAPLE ST
HWY OAK STK
A
R
L
H
O
H
E
N
S
T
E
I
N
P
L
HWY 62
MENDOTA UCC -725' - 500' - 300' BUFFERS(Property Lines)
City ofMendotaHeights0290
SCALE IN FEETDate: 9/17/2019
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 29
DODD RDLAURA ST1ST AVE
2ND AVE SOMERSET RDSUNSET LN
BROOKSIDE LN
EMERSON AVESYLVANDALE RDCOLESHIRE LN
STAPLES AVE
VANDALL STIVY FALLS CTLAURA CT
SOMERSET ELEMENTARY725' - 500' - 300' BUFFERS(Property Lines)
City ofMendotaHeights0325
SCALE IN FEETDate: 9/17/2019
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 30
765
700
702
750
682
688
748
676
747
684 650
775
764 1925
699
1844
755
1818719
679
720
670
679689
1883
755
697
706
780
1865
727
727
745
1836
663667
776
655
646
664
657
765
724
1933
695
1938
1870
1944
737
1887
1876
1899
6971941
1937
656 650
1894
654
1888
1882
672
698
675
645
1857
655659681
685
660
651
660668692
667
680
685
686
693
674
659
1834
664672680688692
1960
1871
696
687710718
721
666 664
703
714
709715
688710 672 666 660 656
673680 665686
720 716
651
726
658 654779
766 730
641
720 696700
653
652
772
1835
730
1861
781
1891
1901
1826
770
698
673 651657663669689DODD RDLINDEN ST
WESLEY LN
WILL
O
W
L
N
MULLBERRY LN
HILLTOP RDVALLEY CURVE
RD
CALLAHAN PL
MAPLE ST OAK STMAR
K
E
T
S
T
RIDGE PL
MAGER CT
HWY OAK STK
A
R
L
H
O
H
E
N
S
T
E
I
N
P
L
SPRING CREEK CIR
ST. PAUL METHODIST CHURCH725' - 500' - 300' BUFFER LINE(Property Line)
City ofMendotaHeights0290
SCALE IN FEETDate: 9/17/2019
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 31
I-494I-35EDODD RDLAKE DRWAGON WHEEL TRL
494 RAMP
MENDOTA HEIGHTS RD
BLUEBILL DR
CHERI LN
PAGEL RDI-94 RAMPI-35E RAMPSWAN DRI-494 LOOP
DODD RD RAMP
DODD RD LOOP494 LOOPALICE LNSWAN CTROGERS AVEKRESSIN AVECYGNET LNPRIVATE ROADWESTVIEW TERHAZEL CTWAGON WHEEL RDI-35EI-494
ST. THOMAS / VISITATION 725' - 500' - 300' BUFFERS(Property Lines)
City ofMendotaHeights0650
SCALE IN FEETDate: 9/17/2019
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 32
To: Mark McNeil, Mendota Heights City Administrator
From: Gail Lewellan, Mendota Heights Resident
Re: Proposal for a Pilot Knob Advisory Council
Date: July 15, 2019
Purpose of this memorandum:
The Mendota Heights City Council and Parks and Recreation Commission engaged with members of the public in
a wide-ranging discussion about the future of City-owned land on Pilot Knob Road at the July 9, 2019, work
session. In particular, people discussed:
1) the desire for continued use of the City-owned property as a dog park;
2) the need for additional public use opportunities;
3) the appropriate zoning for city-owned property on Pilot Knob Road; and
4) enhancements that could be made to the dog park, Pilot Knob Historic Site, and other property owned by the
City on Pilot Knob Road. I offered to provide a draft proposal for a Citizens Advisory Committee that could make
recommendations to the City Council about these matters to the City Administrator. This memo describes that
proposal.
Background:
In 2017, 112 acres of the area located at the north end of Pilot Knob Road was listed on the National Register of
Historic Places as having historic and cultural importance and integrity. This designation includes the 27-acre
protected Historic Oheyawahe/Pilot Knob, Acacia Park Cemetery, the nine City-owned acres that encompass the
off-leash dog area, adjacent woods, and adjacent private property. With the recent completion of the Historic
Landscape Plan by Great River Greening and partners and the rapidly -increasing number of visitors to
Oheyawahe/Pilot Knob, including hundreds of school children on educational field trips, it appears appropriate for
the City to update its vision and plan for accommodating and welcoming members of the public to this important
area.
Proposal:
The City Council will establish an Oheyawahe/Pilot Knob Advisory Council composed of key stakeholders who will
use their collective expertise to recommend short-term and long-term goals, management objectives and
enhancements for City-owned property in this area.
Mission of the Oheyawahe/Pilot Knob Advisory Council:
Review and recommend to the City Council plans for public use, educational opportunities, and natural resource
management of approximately 36 acres of land owned by the City on Pilot Knob. This includes the 27 -acre
Historic Oheyawahe/Pilot Knob, the current five-acre dog park and four acres of adjacent woods south of Acacia
Boulevard. The vegetation management of Historic Oheyawahe/Pilot Knob is currently guided by a plan drafted
by Great River Greening and approved by the City Council. Additionally, the City is bound by restrictions that are
conditions of state grants issued in 2005 and 2006 and funding from Dakota County and others used to acquire
the property.
Possible topics for consideration include working with the City Parks Commission to recommend priority activities
that would enhance the visitor experience of Oheyawahe/Pilot Knob with information that identifies the site,
welcomes the public, and enhances accessibility; review and recommendations regarding the draft Historic
Landscape Plan prepared for Great River Greening and the City in 2018; enhancements to the existing dog park
area; and options to protect and manage additional recreational and open space opportunities on undeveloped
City and private land.
Composition and Commitment of the Advisory Council
The Oheyawahe/Pilot Knob Advisory Council would function as a collaborative team with a focus on the historical,
cultural and ecological stewardship of Oheyawahe/Pilot Knob. It is anticipated that several meetings may be
needed to draft initial recommendations in the first six to twelve months with annual meetings thereafter.
page 33
Suggested Members:
1) Mendota Heights City Council
2) Mendota Heights Park Commission
3) Mendota Heights Planning Commission
4) Mendota Heights resident(s) [one or two]
5) City staff
6) Pilot Knob Preservation Association (PKPA)
7) Dakota County Natural Resources
8) Dakota County Land Conservation
9) Dakota County Parks
10) Dakota Native American Community Member(s)
11) Dakota Native American Community Educator
12) Environmental Educator
13) Great River Greening (GRG)
14) Acacia Park Cemetery
Conveners – could be co-led by Krista Spreiter and Gail Lewellan, with direction and assistance from the City
Council and staff.
page 34