HomeMy WebLinkAboutChapter 13: Trades and Occupations City of Edina Trades and Occupations 1300.02
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
1300.01 Haulers to be Licensed. No person shall engage in hauling, conveying or
collecting refuse, as defined in Section 705 of this Code, or recyclables, as defined in
Section 715 of this Code unless that person holds a valid license issued under this Section.
No license shall be issued to haul, convey or collect refuse or recyclables in any district
established pursuant to Subsection 705.09 or Subsection 705.10, except an exclusive
license shall be applied for and issued pursuant to this Section to the person authorized by
the City to haul, convey, or collect refuse or recyclables in a district so established.
1300.02 License Procedure and Fee; Insurance; Bond.
Subd. 1 Procedure and Fee. Section 160 of this Code, including the penalty
provisions, shall apply to all licenses required by this Section and to the holders of
such licenses, except that licenses shall be granted or denied by the Sanitarian. In
addition to the information required by Section 160, the application for license or
renewal of license shall be accompanied by a description of the types and makes of
vehicles used for collection, a schedule of the charges to be made in accordance
with the requirements of Subd. 4 of this Subsection, the frequency of service to be
rendered and full information as to where and how the material collected will be
disposed of. The application shall be accompanied by the fee set forth in Section
185 of this Code.
Subd. 2 Insurance. Applicants for licenses or renewals of licenses shall file with
each application a certificate of insurance under which there is coverage as to each
vehicle to be used, for the entire term of the license applied for, for loss or damage
to persons in the amount of $100,000 for each person and $300,000 for each
accident, and for loss or damage to property in the amount of$50,000. Each policy
shall provide that it shall not be canceled, or terminated or modified without first
giving notice to the City.
Subd. 3 Bond. Before obtaining any license under this Section, except an
exclusive license issued in a district established by Subsection 705.09 or 705.10 of
this Code, the applicant shall file with the Clerk a bond naming the City as obligee
in the penal sum of$1,000 for each vehicle the applicant uses to collect refuse or
recyclables in the City. The Bond shall be conditioned that the applicant shall save
the City harmless for all actions, damages and expenses arising from the applicant's
failure to comply with any provisions of this Code. Before granting any exclusive
license for a district established by Subsection 705.09 or Subsection 705.10 of this
Code, the exclusive licensee shall have on file with the Clerk a bond naming the City
as obligee in the penal sum of not less than $25,000 for each district, or in the
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City of Edina Trades and Occupations 1300.04
penal sum of not less than $100,000 if the district covers the whole of the City.
The bond shall be conditioned that the applicant shall save the City harmless for all
action, damages and expenses arising from failure to comply with any provisions of
this Section or exclusive license.
The bond shall be submitted on forms provided by the Clerk. The surety shall be
a corporation duly authorized to act as such under laws of the State. The term of
the bond shall be continuing and shall not terminate until 30 days after the date
when the Clerk receives written notice of the termination by registered mail.
Subd. 4 Volume Based Fees. The applicant shall submit a schedule of refuse
collection charges which shall be in direct relationship to the volume or weight of
refuse collected from each customer.
1300.03 Decals to be Placed on Vehicles. Whenever a license or renewal has been issued,
the Sanitarian shall furnish the licensee a decal for each vehicle. The decal shall be worded
as to signify that the vehicle is licensed by the City. The licensee shall apply the decal to
the forward left side of the body of each vehicle licensed.
1300.04 Vehicles.
Subd. 1 Specifications. The body of every vehicle licensed under this Section
shall be constructed entirely of metal, or the space in the vehicle in which refuse or
recyclables is kept shall be completely lined with metal. All joints shall be closed
so that no dripping or leaking or drain off of water, liquid or any substance can
occur. The loading space shall be provided with a tight metal hood having an
opening fitted with metal doors, or shall be provided with a heavy tarpaulin or
equivalent cover fitted with eyes, grommets, tie ropes or hooks so that the cover can
be held securely over the loaded refuse. Refuse and recyclables shall be loaded so
that none of the materials can jar loose and fall from the vehicle. Loose paper and
other materials shall be secured so they cannot be dispersed by wind or fall from
the vehicle.
Subd. 2 Cleanliness. Every licensed vehicle used for collecting refuse shall be
steam cleaned at least every week to prevent persistent odors, and shall be steam
cleaned before being used for any other purpose.
Subd. 3 Marking of Vehicles. Every vehicle used to collect refuse shall have the
name of the owner or operator on the body, or placed on a durable metal or wood
plaque which shall be fastened to the body when the vehicle is used for collecting
refuse or recyclables.
Subd. 4 Containers Used in Vehicle. Containers used to store or carry refuse in any
licensed vehicle shall comply with the requirements of Subsection 705.02.
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City of Edina Trades and Occupations 1300.07
1300.05 Collection of Compostable Materials. Haulers shall collect from residential
customers and segregate from other refuse, all grass clippings and leaves which have been
separated from other refuse and placed in bags designed for compostable materials.
Haulers shall report to the Sanitarian the amount, by weight, of the leaves and grass
clippings delivered to compost disposal sites approved by the County for the four-month
periods ending April 30, August 31 and December 31. The reports shall be submitted
within 15 days following the end of each four month period.
1300.06 Recyclable Collections Service. All persons licensed under this Section who haul,
convey or collect refuse from residential buildings containing three or more dwelling units
shall offer recyclable collection service to such buildings.
1300.07 Recycling Reports. Within 30 days after the end of each calendar quarter and
upon request made by the Sanitarian, each licensed hauler shall provide the City such
information as is then requested by the Sanitarian on forms prescribed by the Sanitarian,
relative to the recyclables collected during the period subsequent to the prior report to the
City. The report shall include the amounts and kinds of recyclables and the markets used
for the sale of, and primary purchaser of, recyclables.
History. Ord 1301 codified 1979; amended by 1301-Al 3-4-71, 1301A211-25-81, 1301-A3 5-
25-88, 1301-A4, 6-14-89, 1301-A5 12-19-90
Cross Reference. Sections 160, 185, 705, 715
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City of Edina Trades and Occupations 1305.08
Section 1305 - Scavengers
1305.01 Definition. "Scavenger", whenever used in this Section, means a person who
cleans, pumps, removes, transports, leases and disposes of the contents of private sewage
disposal systems or portable toilet devices as defined in Section 710 of this Code.
1305.02 License Required. No person shall act or render services as a scavenger within
the City without obtaining a license as provided in this Section.
1305.03 License Procedure and Fee. The provisions of Section 160 and Section 165 of this
Code, including the penalty provisions, shall apply to the license required by this Section
and to each license holder except that licenses shall be issued or denied by the Sanitarian.
In addition to the information required by Section 160 and Section 165 of this Code, the
application for a license or renewal of license shall be accompanied by the fee set forth in
Section 185 of this Code and a description of the equipment which the applicant proposes
to use for scavenging in the City.
1305.04 Scavenging Equipment. All substances removed from any private sewage disposal
system or portable toilet device as defined in Section 710 of this Code shall be conveyed
to the place of disposal in tanks or other receptacles constructed of a metal or other non-
porous material provided with at least two manholes on the top thereof and an outlet at
the bottom, adequately capped to prevent any leakage.
1305.05 Overnight Storage. No vehicle containing any substance as described in
Subsection 1305.05 shall be stored overnight in any place in the City.
1305.06 Spilling. No substance as described in Subsection 1305.05 shall be allowed to
spill, splash, leak or become deposited any public street or alley, or on the surface of the
ground.
1305.07 Disposal of Waste Material. No person shall deposit any substances as described
in Subsection 1305.05 anywhere in the City except into the City sanitary sewer system.
Such substances may be discharged into the system only at the places and at the times
designated by the Engineer and upon the scavenger's payment of the fee set forth in
Section 185 of this Code.
1305.08 Permit and Report Required.
Subd. 1 Permit. Before rendering scavenger services, the scavenger shall obtain
a permit from the Sanitarian. The application for permit shall be made on forms
provided by the Sanitarian and shall be accompanied by a permit fee in the amount
set forth in Section 185 of this Code. No permit shall be required for servicing a
portable toilet device as defined in Section 710 of this Code.
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City of Edina Trades and Occupations 1305.09
Subd. 2 Report. After rendering scavenger services to any premises in the City,
the scavenger shall notify the Sanitarian in writing that services have been so
rendered including in the notice (i) the name of the owner or occupant and the
address of the premises, (ii) date of the pumping, (iii) capacity of the tank, (iv)
percentages of scum and sludge, and (v) such other information as may be required
by the Sanitarian. In an emergency, the scavenger may render services at any
premises without a permit, provided verbal notification is given in advance to the
Sanitarian, if the emergency occurs within regular business hours, and provided a
permit is obtained on the next business day.
1305.09 Owner Responsibility. Persons may employ only a licensed scavenger to clean,
pump, remove, transport, or dispose of any substance from a private sewage disposal
system or toilet devise as defined in Section 710 of this Code, on property within the City
which is owned, rented, operated or managed by such persons.
History. Ord 1302 codified 1970; amended by 1302 Al 5-31-81, 1302-A2 12-2-81
Cross Reference. Sections 160, 165, 185, 710
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City of Edina Trades and Occupations 1310.03
Section 1310 - Peddlers and Solicitors
1310.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Peddler. Any person with no fixed place of business who goes from residence to
residence carrying or transporting goods, wares or merchandise and offering or
exposing the same for sale, or making sales and deliveries to their purchasers.
Solicitor. Any person who goes from residence to residence soliciting or taking or
attempting to take orders for the purchase of goods, wares or merchandise,
including magazines, books, periodicals and personal property of any nature
whatsoever for future delivery, or orders for the performance of maintenance or
repair services in or about the home or place of business, such as furnace cleaning,
house painting, roof repair or blacktopping.
1310.02 Peddlers and Solicitors May be Prohibited by Placard. Any resident of the City
who wishes to exclude peddlers or solicitors from the dwelling unit occupied by the
resident may place upon or near the usual entrance to the dwelling unit a printed placard
or sign bearing the following notice: "Peddlers and Solicitors Prohibited". The placard or
sign shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing shall not
be smaller than 48 point type. No peddler or solicitor shall enter upon any premises, ring
any doorbell, or knock on any door where a placard or sign is posted, unless the peddler
or solicitor has been previously invited by the resident of the dwelling unit.
1310.03 Shall Not Deface Placard. No person other than the dwelling unit's occupant
shall remove, injure or deface the placard or sign.
History. Ord 1303 codified 1970; amended by Ord 1303 AI 11-8-73
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City of Edina Trades and Occupations 1315.03
Section 1315 - Deposit of Advertising Material on Residential Property
1315.01 Deposit of Advertising Handbills, Advertising Circulars, Advertising Material
Prohibited. Any resident of the City who wishes to exclude the deposit of advertising
handbills, advertising circulars and other advertising material from the premises occupied
by the resident may place upon or near the front entrance to the premises a printed placard
or sign bearing the following notice: "Depositing of Handbills, Circulars, Advertising
Material Prohibited." The placard or sign shall be of the same minimum size and bear the
same minimum size printing as provided in Subsection 1310.02 of this Code.
1315.02 Shall Not Deface Placard. No person other than the person occupying the
premises shall remove, injure or deface the placard or sign.
1315.03 Shall Not Enter. No person shall enter upon any premises where such a sign or
placard is placed and deposit any advertising handbills, advertising circulars or other
advertising material.
History. Ord 1304 adopted 7-22-71
Cross Reference. Section 1310
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City of Edina Trades and Occupations 1325.05
Section 1325 - Sale of Tobacco; Licensing
1325.01 Tobacco Defined. "Tobacco"shall mean cigarettes,cigars,chewing tobacco,snuff,
smokeless tobacco, and any other tobacco product.
1325.02 License Required. No person shall keep tobacco for retail sale or sell tobacco at
retail in the City without first obtaining a license from the City. No license shall be issued
for the sale of tobacco at a movable place of business or from a vending machine.
1325.03 License Procedure; Fee; Penalties. The provisions of Section 160 of this Code,
including the enforcement and penalty provisions, shall apply to all licenses required by
this Section and to the holders of such licenses, except that licenses shall be issued or
denied by the Sanitarian. The application for a license shall be on forms provided by the
Sanitarian and shall be accompanied by the fee set forth in Section 185 of this Code.
1325.04 Term of License. Each license issued pursuant to this Section shall expire on
March 31 of each calendar year.
1325.05 Rules and Regulations.
Subd. 1 Legal Age. No person shall sell any tobacco to any person under the age
of 18 years.
Subd. 2 Controlled Substance. No person shall sell or keep for sale any tobacco
containing any controlled substance as defined in Section 1030 of this Code, except
nicotine or tobacco.
History: Ord 1322 adopted 7-11-90
Cross Reference: Sections 160, 1030
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City of Edina Trades and Occupations 1330.05
Section 1330 - Taxicabs and Taxicab Drivers
1330.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the meanings given them in this Section:
Taxicab. Any motor vehicle as defined in M.S. 169.01 engaged in carrying of
persons for hire, whether over a fixed route or not, and whether the motor vehicle
is operated from a street stand, or subject to calls from a garage, or otherwise
operated for hire. The term shall not include motor vehicles subject to control and
regulation by the State Public Service Commission, motor vehicles regularly used by
undertakers in carrying on their business, or motor vehicles hired on an hourly
basis.
Taxicab Driver. Any person who drives a taxicab.
Street. Any street, alley, avenue, court, bridge, lane or public place or highway in
the City.
1330.02 Taxicab License Required. No person shall operate a taxicab within the City
without displaying a valid taxicab license decal duly issued by the City of Bloomington, the
City of St. Louis Park, or the Metropolitan Airports Commission.
1330.03 Taxicab Driver's License Required. No person shall drive a taxicab within the City
without possessing a valid taxicab driver's license duly issued by the City of Bloomington,
City of Richfield, City of St. Louis Park, or the Metropolitan Airports Commission.
1330.04 Designation. Each taxicab required to be licensed by this Section shall bear signs
identifying the vehicle as a taxicab. Such signs shall be on the exterior of the vehicle and
shall be visible from each side of the vehicle.
1330.05 Exemption. Any taxicab or taxicab driver licensed to operate in another city may
carry passengers from the city where licensed to any place or point within the City and
may freely travel upon the streets without being licensed in accordance with this Section,
provided that the taxicab driver shall not be permitted to solicit business or pick up
passengers within the City unless the taxicab and the taxicab driver are licensed as required
by this Section.
History: Ord 1331 codified 1970, amended by 1331 Al, 1331-A2, 1331-A3; Ord 1432 codified
1970, amended by 1432 Al
Reference. M.S. 169.01
1330 - 1
City of Edina Trades and Occupations 1340.02
Section 1340 - Physical Culture and Health Services and Clubs
1340.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Escort Service. Any business which provides male or female accompaniment
services to its customers for a fee or other valuable consideration.
Massage. The rubbing, pressing, stroking, kneading, tapping, rolling, pounding,
vibrating, or stimulating the superficial parts of the human body with the hands or
any instrument.
"Physical Culture and Health Services," "Physical Culture and Health Club,"
"Reducing Club,""Reducing Salon,""Massage Parlor." Any building,room,structure,
place, or establishment used by the public other than a hospital, sanitarium, rest
home, nursing home, boarding home or other institution for the hospitalization or
care of human beings, duly licensed under the provisions of M.S. 144.50 through
144.703, inclusive, where non-medical and non-surgical manipulative exercises or
massages are practiced upon the human body for a fee or other valuable
consideration by anyone not duly licensed by the State to practice medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry, with or without the use of
mechanical, therapeutic, or bathing devices.
Sauna Parlor. Any building, room, structure, place or establishment containing a
room or rooms used by the public for bathing, relaxing or reducing purposes
utilizing steam or hot air as a cleaning, relaxing or reducing agent.
1340.02 Business License Required.
Subd. 1 Limiting Business Licenses. It is found and determined that the type of
business activity subject to being licensed under this Section is particularly subject
to abuse which may take a number of forms contrary to the morals, health, safety
and general welfare of the community. Further, it is found that control of these
abuses requires intensive efforts of the Police Department as well as other
departments of the City. These efforts exceed those required to control and regulate
other business activities licensed by the City. This concentrated use of City services
tends to detract from and reduce the level of service available to the rest of the
community and thereby diminishes the ability of the City to promote the general
health, welfare, morals and safety of the community. Therefore, the number of
business licenses which may be in force under this Section at any one time shall not
exceed four.
Subd. 2 Requiring License and Defining Businesses Operating within City. No
person, partnership, corporation, or other organization shall operate a physical
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City of Edina Trades and Occupations 1340.04
culture and health service or club, reducing club or salon, sauna parlor, massage
parlor, or escort service within the City, either exclusively or in connection with any
other operation or enterprise, unless such business is currently licensed under this
Section. A business is operating within the City, regardless of whether the business
premises are actually located within the corporate limits of the City, if the business
premises serve as a point of assignment for employees who perform services within
the corporate limits of the City, including, but not limited to, telephone referral
business.
Subd. 3 Restrictions of Business. The preceding provisions of this Section
notwithstanding, no physical culture and health service, physical culture and health
club, reducing club, reducing salon, or massage parlor shall be required to obtain
a business license under this Section if it meets all of the following criteria as
evidenced by affidavits and other documents, including that set out at paragraph D.
of this Subd. 3, submitted to and in form and substance reasonably acceptable to
the Clerk:
A. The principal activity of the business shall not be the performance of
massage;
B. The activity of the business is conducted and performed on the business
premises;
C. No more than two persons licensed to perform massage under this Section
shall perform such massage at any one time on the business premises;
D. The annual gross revenue of the business from performing massage is less
than 25% of the total annual gross revenue of the business as shown by
financial statements or certifications of the kind specified in paragraph J. of
Subd. 1 of Subsection 1340.04; and
E. All individuals performing massage or escort services in connection with the
business are duly licensed in accordance with Subsection 1340.03.
1340.03 Individual License Required. No person shall perform massage or escort services
within the City for a fee or other valuable consideration unless currently licensed under this
Section. The licensee shall carry and display on request of any police officer a valid license
while within the City.
1340.04 License Application and Procedures. Every application for a license under this
Section shall be made on a form supplied by the Clerk and shall be filed with the Clerk.
The provisions of Section 160 of this Code shall apply to all licenses required by this
Section and to the holders of such licenses. In addition to the information required by
Section 160 of this Code, the application for a license under this Section shall contain the
following information. Failure to complete or supply such information may cause a license
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City of Edina Trades and Occupations 1340.04
to be denied.
Subd. 1 Business License:
A. Whether the applicant is a natural person, a partnership, a corporation,
or other form of organization.
B. If the applicant is a natural person:
1. The true name, place and date of birth, current address and
telephone number of the applicant.
2. Whether the applicant has ever used or has been known by a
name other than the applicant's true name; and if so, such name or
names and information concerning dates and places where used.
3. A specific statement as to the type and nature of the business to
be licensed.
4. The name of the business, if it is to be conducted under a name
other than the full individual name of the applicant, in which case a
certified copy of the certification required by M.S. Chapter 333, shall
be attached to the application.
S. The addresses at which the applicant has lived during the previous
five years, including a statement of how long the applicant has been
continuously a resident of the State during the period as of and
immediately preceding the date of application.
6. The kind, name and location of every business or occupation in
which the applicant has been engaged during the preceding five years.
7. The names and addresses of the applicant's employer(s) and
partner(s), if any, who were such at any time during the preceding
five years.
8. The applicant's educational qualifications, including originals or
certified copies of degrees, diplomas or certificates, if any.
9. Whether the applicant has ever been convicted of any felony,
crime, or violation of any provisions of this Code or State Law other
than traffic violations and, if so, information as to the time, place and
offense for which convictions were had.
10. A physical description of the applicant and a recent photograph
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City of Edina Trades and Occupations 1340.04
of the applicant showing both front and side views.
11. A statement of the training and experience possessed by the
applicant related to the operation and affairs of the business to be
licensed.
C. If the applicant is a partnership:
1. The names and addresses of all partners and all information
concerning each partner as is required of an applicant under
paragraph B. of Subd. 1 of this Subsection.
2. The names(s) of the managing partner(s), and the interest of each
partner in the business.
3. A true copy of the partnership agreement shall be submitted with
the application. If the partnership is required to file a certificate as
to trade name under the provisions of M.S. Chapter 333, a certified
copy of such certification shall also be attached.
D. If the applicant is a corporation or other organization.
1. The name of the applicant, and if incorporated, the state of
incorporation.
2. A true Certificate of Good Standing, dated as of a current date,
and true copies of the Articles of Incorporation or Association
Agreement and Bylaws shall be attached to the application. If a
foreign corporation, a Certificate of Authority issued pursuant to M.S.
Chapter 303, shall also be attached.
3. The name of the person(s) who is to manage the business and all
information concerning the person(s) as is required of an applicant
under paragraph B. of Subd. 1 of this Subsection.
4. The names of all officers, directors and persons who control or
own an interest in excess of 5% in such corporation or organization
and all information concerning the persons as is required of an
applicant under paragraph B. of Subd. 1 of this Subsection.
E. The location of the business premises.
F. Whether the applicant is licensed in other communities or has had a
license revoked, or has been denied a license, to conduct any of the activities
required to be licensed hereunder; and if so, when and where the applicant
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City of Edina Trades and Occupations 1340.05
is or was so licensed, has had a license revoked or has been denied a license.
G. The names and addresses of those individuals to be licensed and
employed by the applicant and who may work within the City.
H. The names, residences and business addresses of three residents of the
County, not related to the applicant or financially interested in the business
to be licensed, who may be referred to by the City for information as to the
applicant's character. If the applicant is a partnership, three such names
shall be supplied for each partner, and if the applicant is a corporation or
other organization, three such names shall be supplied for each officer of the
applicant and each manager of the business.
I. The amount of capital investment to be made by the applicant in the
premises described in the application to operate the business to be licensed.
Capital investment shall mean the amount of money that the applicant
actually invests to acquire,refurbish, repair,remodel, or furnish the premises,
including moneys invested to comply with Subsection 1340.15. This
paragraph shall not apply to any applicant for a license to operate only an
escort service.
J. A financial statement, certified as being true and correct by an
independent accountant, showing the gross income of the business to be
licensed for the last three fiscal years of such business, or shorter period of
time that the applicant may have been in the business to be licensed,
itemized as to each activity of the business including, without limitation, the
gross income from performing massage. In lieu of delivery of the financial
statement, the applicant may deliver a certification by a certified public
accountant, acceptable to the Manager, that the annual gross revenue for the
same period of time as is required for the financial statement of the business
from massage services is less than 25% of its total annual gross revenue for
such period of time, with each year considered separately.
Subd. 2 Individual License. All the information required under paragraphs B., F.
and H. of Subd. 1 of this Subsection together with the name and location of any
business by which the applicant will be employed together with current affidavits
and other documents required by Subd. 3 of Subsection 1340.02 shall be required
of applicants for an individual license.
1340.05 Execution of Application. All applications for any license under this Section
shall be signed and verified by the oath of the applicant. If the application is that of a
natural person, it shall be signed and verified by such person; if by a partnership, by all the
partners; if by a corporation, by two of its officers, and if by an unincorporated association,
by its manager or managing officer. Any falsification of information on any license
application shall result in the denial of the license applied for, and shall constitute adequate
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City of Edina Trades and Occupations 1340.08
grounds for the suspension or revocation of any license issued to the applicant.
1340.06 License and Investigation Fees.
Subd. 1 License Fee. Each application for a license or renewal license shall be
accompanied by payment in full of the required license fee. The fee for an
individual license and fee for a business license shall be as set forth in Section 185
of this Code. Upon rejection of any application for a license, the Clerk shall refund
the amount paid.
Subd. 2 Investigation Fee. At the time of each original application for an
individual license, or for a business license, the applicant shall deposit an
investigation fee as set forth in Section 185 of this Code. The cost of the
investigation will be based on the expense involved. All deposit monies not
expended on the investigation will be refunded to the applicant.
1340.07 Investigation. All applications shall be referred by the Clerk to the Police
Department and to such other City departments for investigation of the applicant's
character and verification of the facts set forth in the application. Within 60 days after the
application date, the Police Chief and any other consultants shall submit a written
recommendation to the Manager as to issuance or non-issuance of the license, setting forth
the facts upon which the recommendation is based.
1340.08 Approval or Denial of Application. Within 90 days after the application date,
the Manager shall either approve or deny the application and shall notify the Clerk in
writing of the decision. If the application is approved, the Clerk shall issue the license.
If the application is denied, the Clerk shall furnish written notice of the denial to the
applicant, together with the reason or reasons for denial. In addition to the reasons set
forth in Subsection 160.04 of this Code a license may also be denied for any of the
following reasons:
Subd. 1 Under Legal Age. If an individual applicant is under the age of 18.
Subd. 2 Convictions. If the applicant, or any officers, managers, directors,
shareholders or owners, if a corporation or association, or any partners, if a
partnership, has been convicted of a felony, or has been convicted of any illegal
conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation.
Subd. 3 Conviction without Sufficient Rehabilitation. If the applicant, or any
principal officers, managers, directors, shareholders or owners, if a corporation or
association, or any partners, if a partnership, has been convicted of any crime or
crimes directly relating to the occupation of massage and escort services, as provided
in M.S. 364.03, Subd. 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the occupation of massage
or escort services, as provided in M.S. 364.03, Subd. 3.
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City of Edina Trades and Occupations 1340.09
Subd. 4 Prior Denial of License. If the applicant, or any principal officers,
managers, directors, shareholders or owners, if a corporation or association, or any
partners, if a partnership, has within one year prior to the date of application been
denied a license under this Section, or any similar ordinance of any municipality
within the State, or within the period has had revoked any license issued under this
Section, or any similar ordinance of any municipality within the State.
Subd. 5 Zoning Restriction. If the business to be licensed is not permitted by
Section 850 of this Code upon the premises described in the application.
Subd. 6 Failure to Meet Construction Requirements. If the premises described in
the application for a business license fail to comply with the requirements of
Subsection 1340.15.
Subd. 7 Capital Investment Less than$10,000. If the applicant's planned capital
investment in the premises described in the application to operate the business to
be licensed is less than $10,000. This paragraph shall not apply to any license
application to operate only an escort service.
Subd. 8 Training Requirements. If the individual applicant for a license to
practice massage has not (i) had at least two years' actual training and experience
in practicing massage, or (ii) received at least one year of training in practicing
massage from a school classified and conducted as a post secondary vocational
education school by the State Board of Technical Colleges pursuant to M.S. Chapter
136C, or (iii) received at least one year of training in practicing massage from a
school approved by the State Higher Education Coordinating Board pursuant to M.S.
Chapter 136A, or (iv) received at least one year of training in practicing massage
from a school within or without the State meeting the standards of those schools
approved as provided in (ii) and (iii) in this Subdivision.
Subd. 9 Six-Month Residency Requirement. If the individual applicant has not
been a resident of Minnesota continuously for at least the six-month period
immediately preceding the application date.
Subd. 10 Regional Medical District Requirement. If the application is for a
business license to perform massage, and if the business premises location described
in the application is not within a Regional Medical District established pursuant to
Section 850.
1340.09 Renewal Application. Not less than 30 nor more than 60 days before the
expiration of any license issued pursuant to this Section, any license holder desiring to
renew the license shall submit a written application to the Clerk on forms provided by the
City together with payment in full of the license fee as required for the original license.
The renewal application shall be forwarded to the Manager who shall,within 30 days after
the renewal application date, either approve or deny the application and shall notify the
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City of Edina Trades and Occupations 1340.14
Clerk in writing of the decision. The Clerk shall then issue the license or, in case of denial,
notify the applicant in writing of the denial setting forth the reason or reasons therefor.
1340.10 Appeal to Council. Any applicant may appeal the denial of a license or a license
renewal by filing a written notice of appeal to the Council in the Clerk's office within 30
days after the denial. The Council shall hear the appeal within 60 days after the notice is
filed, and opportunity shall be given to any person to be heard in favor of or opposing the
issuance or renewal of the license. The Council may order and conduct such additional
investigation as it deems necessary. Any licensee is authorized to continue to operate until
final action by the Council upon licensee's renewal application, unless prohibited by
Council resolution made after the denial.
1340.11 License Not Transferable;Duration. Each license shall be issued to the applicant
only and shall not be transferable to another holder. Any change in the persons named as
partners on the application, as required by paragraph CA of Subd. 1 of Subsection 1340.04
and any change in the persons who are named in the application as required by paragraph
D.4 of Subd. 1 of Subsection 1340.04, shall be deemed a transfer for purposes of this
Section. If the licensee is a limited partnership, a change in the limited partners of less
than 25%cumulatively over the license period, shall not be deemed a transfer. The change
in or addition of a vice-president, secretary, or treasurer of a corporate licensee shall not
be deemed a transfer. All licenses issued pursuant to this Section shall be effective from
July 1 through June 30.
1340.12 Suspension or Revocation of License. The Council may suspend for any period
not exceeding 60 days, or revoke, any license issued pursuant to this Section upon finding
a violation of any provision of this Section or upon violation of any other provision of this
Code or State Law or regulation affecting the activities covered by this Section. Any
conviction for prostitution or any other crime or violation involving moral turpitude shall
result in the revocation of any license issued under this Section. Except in the case of a
suspension pending a hearing on revocation, revocation or suspension by the Council shall
be preceded by written notice to the licensee of a hearing. The notice may be served upon
the licensee personally or by mailing it to the business or residence address set forth in the
application or on file with the Clerk. The notice shall give at least ten days notice of the
time and place of the hearing and shall state the nature of the charges against the licensee.
The Council may, without notice, suspend any license pending a hearing on revocation for
a period not exceeding 30 days.
1340.13 Hours of Operation. No business licensed under this Section shall be open for
business, nor shall any persons or customers be permitted on the premises, between the
hours of 10:00 P.M. and 8:00 A.M.
1340.14 Restrictions and Regulations.
Subd. 1 Notice of Change in Management. The individual designated by a
partnership or a corporation in its business license application to be manager and
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City of Edina Trades and Occupations 1340.15
in responsible charge of the business shall remain responsible for the conduct of the
business until another suitable person has been designated in writing by the license
holder. The license holder shall promptly give the Police Department written notice
of any such change indicating the name and address of the new manager and the
effective date of the change.
Subd. 2 Change of Employment or Location of Employment. Any person
practicing massage within the City shall inform the City of any changes in
employment or location of employment within the City within 30 days of the
change.
Subd. 3 Change in Address. Any person engaging in massage within the City
shall inform the City of any change in residence address within 30 days of the
change.
Subd. 4 Clothing Requirements. Employees of all licensed businesses or
individuals licensed to practice massage shall be and shall remain fully clothed.
Subd. 5 Services Only Allowed at Business. No person shall perform a massage
for a fee or other consideration at any place other than a duly licensed physical
culture and health service, physical culture and health club, reducing salon, sauna
parlor or massage parlor, except as provided by Subd. 3 of Subsection 1340.12.
Subd. 6 No Soliciting in Public. No person shall solicit massage or escort services
in any public place within the City.
1340.15 Construction Requirements. No business license shall be issued under this
Section for other than an escort service unless the premises used for the operation shall
comply with the following requirements:
Subd. 1 Requirements for Steam or Hot Air Rooms. All rooms utilizing steam or
hot air as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms
and bathrooms used in connection with such rooms, shall be constructed with
materials impervious to moisture, bacteria, mold and fungus growth. Floor-to-wall
and wall-to-wall joints shall be constructed so as to provide a sanitary cove with a
minimum radius of 3/8 inch.
Subd. 2 Public Restroom Requirements. All public restrooms shall be provided
with mechanical ventilation with 2 cftn (cubic feet per minute) per square foot area,
a minimum of 15 foot candles of illumination, a hand washing sink equipped with
hot and cold running water under pressure, sanitary towels with dispensers and
soap with dispensers.
Subd. 3 Requirements for Janitor's Closet. Each such operation shall have a
janitor's closet for the storage of cleaning supplies with a mop sink, mechanical
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City of Edina Trades and Occupations 1340.18
ventilation with 2 cf n per square foot area and a minimum of 15 footcandles of
illumination.
Subd. 4 Lockers. Individual lockers shall be provided for use by customers and
shall have separate keys for locking.
1340.16 Maintenance; Sanitary Conditions; Communicable Disease.
Subd. 1 Clean and Sanitary Business. All businesses licensed under this Section
at all times shall be kept in a clean and sanitary condition.
Subd. 2 Clean and Sanitary Instruments. All instruments and mechanical,
therapeutic, and bathing devices or parts that come into contact with the human
body at all times shall be kept clean and sanitary.
Subd. 3 Towels and Linens. No towels and linens furnished for use by one patron
shall be furnished for use by another until thoroughly laundered.
Subd. 4 Hand Washing. All individuals who practice massage shall wash their
hands before each massage.
Subd. 5 Communicable Disease. No person suffering from a communicable
disease shall work or be employed in a licensed business. No person suffering from
a communicable disease to the knowledge of the owner, custodian, or employees of
a licensed business shall be accommodated as a patron.
1340.17 Inspection. Each business required to be licensed shall at all times be held open
for inspection by duly authorized representatives of the City.
1340.18 Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons
which do not give, or hold themselves out to give, massages, other than are customarily
given in such shops and salons for the purpose of facial beautification only shall not be
subject to the provisions of this Section.
History. Ord 1353 adopted 1-17-79; amended 1353 AI 11-28-84; 1353-A2 7-16-86, Ord 1352
repealed 11-28-84
Reference: M.S. 144.50 through 144.703, 333, 364.03, Subd. 2, 136C
Cross Reference. Sections 160, 850
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