HomeMy WebLinkAbout1994-04 Supplement Old Pages M E M O R A N D U M
TO: EDINA CITY CODE BOOK USERS
FROM: MARCELLA DAEHN, CITY CLERK
SUBJECT: CODE UPDATE
DATE: MAY 3, 1994
Enclosed are the following updates for your Edina City Code book pursuant to
ordinances adopted by the City Council since the last update of 03/21/94:
SECTION 1340 - replace pages 1340-1 thru 1340-11 with enclosed
replacement pages 1340-1 thru 1340-11
(Ord. 1994-5 - Amending Section 1340 of the City Code to Provide New
Requements for Physical Culture and Health Services and Clubs and
Individuals Performing Massage)
SECTION 1345 - replace pages 1345-5 and 1345-6 with enclosed
replacement pages 1345-5 and 1345-6
(To correct typo in Subsection 1345.12, Subd. 2)
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
1340 - 1
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 limitsty,
of the Ci , 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.
5. 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
1340 - 3
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 S% 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
1340 - 4
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
1340 - 5
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.
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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
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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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1340 - 6
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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
1340 - 7
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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
d shall not be transferable to another holder. An change in the persons named as
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partners on the application, as required by paragraph C.1 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 j
July 1 through June 30.
1340.12 Suspension or Revocation of License. The Council may suspend for any period
not exceeding days,s or revoke, any license issued pursuant to this Section upon finding
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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
beYreceded b written notice to the licensee of a hearing. The notice may be served upon
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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
1340 - 8
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 cfm (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
1340 - 9
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City of Edina Trades and Occupations 1340.18
ventilation with 2 cfm 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-Al 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
1340 - 10
City of Edina Trades and Occupations 1345.09
Subd. 1 Under Legal Age. If an individual applicant is under the age of 18.
Subd. 2 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 operation of a sexually-oriented business, 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 and responsibilities, as
provided in M.S. 364.03, Subd. 3.
Subd. 3 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 two years prior to the date of application been
denied a license under this Section or within the period has had revoked any license
issued under this Section.
Subd. 4 Zoning Restriction. If the premises to be licensed does not meet all
of the requirements of Section 850 of this Code with respect to sexually-oriented
businesses.
Subd. 5 Ineligible Premises. If the premises to be licensed is currently licensed
as an escort service, physical culture and health service, physical culture and health
club, reducing club, reducing salon or massage parlor in accordance with Section
1340 of this Code or is currently licensed to sell beer, wine or liquor in accordance
with Section 900 of this Code.
1345.08 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
Clerk 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
Clerk in writing of this 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.
1345.09 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 30 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.
1345 - 5
City of Edina Trades and Occupations 1345.12
1345.10 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 B. 1, of Subd. 1 of Subsection
1345.04 and any change in the persons who are named in the application as required by
paragraph C. 4, of Subd. 1 of Subsection 1345.04, 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 percent 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 corporation
licensee shall not be deemed a transfer. All licenses issued pursuant to this Section shall
be effective from July 1 through June 30.
1345.11 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. 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 in accordance with
Subsection 160.16 of this Code. 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.
1345.12 Restrictions and Regulations.
Subd. 1 Hours of Operation. No business licensed under this Section shall be
open for business, and no customers be permitted on the premises, between the
hours of 10:00 P.M. and 8:00 A.M.
Subd. 2 Minors. No licensee shall permit or allow any person under the age
1 of 18 years to enter the licensed premises. The licensee shall request proof of age
of all persons the licensee believes to be under the age of 18 years.
Subd. 3 Health and Sanitation. A licensee shall not allow:
A. Any partition between a subdivision, portion, or part of the licensed premises
having an aperture which is designed or constructed to facilitate sexual intercourse,
sodomy, or fondling or other erotic touching of human genitals, pubic region or
pubic hair, buttock, or female breast(s) between persons on either side of the
partition.
B. A licensee shall not allow or have on the licensed premises or adjoining areas
any booths, stalls, or partitions used for the viewing of motion pictures or other
forms of entertainment that have doors, curtains, or portal partitions, unless such
1345 - 6