Title
Adding Chapter 428A, Mobile Saunas on Park Property, to the Legislative Code and amending the Class R license fee table in section 310.01 of the Legislative Code to include a licensing fee for the new license created by the addition of Chapter 428A.
Body
SECTION 1
WHEREAS, the City’s Park Properties are an appropriate venue to host community amenities that promote the health and wellness of Saint Paul residents; and
WHEREAS, sauna and thermal bathing as a health-promoting activity are growing in popularity in Minnesota, particularly in winter months, and is a practice with historical roots spanning thousands of years; and
WHEREAS, other municipalities across Minnesota currently either permit and license mobile sauna facilities or operate a public sauna of their own on their park property; and
WHEREAS, the City does not currently have a formal licensing or permitting process for mobile sauna operations on City Park Property; and
WHEREAS, the City wishes to establish fee and license and permit requirements for mobile saunas operating on City Park Property; and
WHEREAS, the Department of Safety and Inspections has determined that the administrative costs of this license type is similar to the Massage Practitioner and Tanning Facility license types and has recommended the license fee for Mobile Saunas accordingly; and
WHEREAS, the City wishes to establish requirements for mobile sauna operations and equipment when used on City Park Property under the proposed licensing chapter to ensure the health and safety of City residents and sauna patrons; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul does ordain:
SECTION 2
Title XXIX of the Saint Paul Legislative Code is amended to add Chapter 428A, Mobile Saunas on Park Property, which shall read as follows:
Mobile Saunas on Park Property
Sec. 428A.01 Definitions
Chapter means the Mobile Saunas on Park Property Chapter.
City means the City of Saint Paul, Minnesota.
Code means the Saint Paul Legislative Code.
Department means the Department of Safety and Inspections.
Director means the Director of the Department or their designee.
Mobile Sauna means a sauna that is intended to be moveable and operated at multiple locations.
Park Property means and includes all the public grounds and squares maintained as pleasure grounds and designated recreation areas by the City of Saint Paul.
Parks means the Department of Parks and Recreation.
Sec. 428A.02 License Required
(a) No person, business, corporation, or entity may engage in the business of operating a Mobile Sauna on Park Property without being licensed under this Chapter.
(b) No license issued under this Chapter shall be transferable from one (1) person, business, corporation, or entity to another.
(c) Each license is valid for one year, subject to the terms identified in Code section 310.06.
(d) The license shall be displayed in a prominent place on each Mobile Sauna that is located on Park Property within the City.
Sec. 428A.03 Fee
The required fee for a license issued under this Chapter shall be established by ordinance and specified in Code sections 310.01 and 310.07. Parks may establish additional fees for the placement and management of a Mobile Sauna as part of the permit and approval process and as part of the Parks regulations and rules for a Mobile Sauna placed on Park Property.
Sec. 428A.04 License Application Requirements
(a) Mobile Saunas are a Class R license and must comply with the application requirements as outlined in this Chapter and in section 310.02 of this Code.
(b) The applicant must provide proof of liability and property damage insurance in the amount of at least one-and-a-half million dollars ($1,500,000.00) per occurrence, two million dollars ($2,000,000.00) aggregate. The City must be listed as an additional insured on the policy as well as be listed as the certificate holder. No license may be issued under this Chapter if the required insurance is not maintained or the licensee fails to file evidence of continued coverage with the Department.
(c) The applicant must submit plans and specifications of the Mobile Sauna(s), including, but not limited to:
1. Photographs;
2. Mechanical schematics;
3. Construction materials;
4. Equipment types;
5. Manufacturers;
6. Model number(s);
7. Possible or planned location(s);
8. Dimension(s); and
9. Performance capacity(s).
(d) The applicant must submit information about the power source of the Mobile Sauna(s), including, but not limited to:
1. Installation specifics; and
2. Information on any custom fabricated equipment.
(e) The applicant must submit a plan to ensure the Mobile Sauna is secured when not in use.
(f) The applicant must submit a plan to address potential nuisance or safety concerns related to the presence or use of the Mobile Sauna. This plan may include, but is not limited to, lighting features, cleaning schedules, staffing or oversight, and other related items.
Sec. 428A.05 Mobile Sauna Requirements
(a) All Mobile Saunas must be constructed with materials that are impervious to moisture, bacteria, mold, and fungus growth.
(b) All Mobile Saunas must be kept in a state of good repair and sanitary at all times.
(c) All Mobile Saunas must have power sources that comply with applicable building, electrical, and/or fire codes.
(d) All Mobile Saunas that use a fire for power or heat (such as a wood-burning sauna) must comply with the following: at all times the fire must be tended, at all times there must be a means to extinguish the fire, the fire must be disposed of and extinguished when not in use, the fuel source must be clean (such as seasoned firewood), and the fire must be extinguished if the management or maintenance of the fire creates a nuisance or excessive smoke as determined by the fire department or a fire code official.
(e) All Mobile Saunas must operate only between the hours of 6:00 a.m. and 10:00 p.m.
(f) No Mobile Sauna may operate within three hundred (300) feet of a residence.
(g) No Mobile Sauna used as part of a business may be placed on Park Property anywhere in the City without the consent of the designee of Parks.
(h) No Mobile Sauna may use or maintain sound amplifying equipment, television, or similar entertainment devices, lights, or noisemakers, including bells, horns, or whistles.
Sec. 428A.06 Parks Permissions
(a) Nothing in this Chapter shall be construed to limit the discretion and authority of Parks over the placement and management of any Mobile Sauna requesting to be placed on Park Property.
(b) Any Mobile Sauna to be placed on Park Property is subject to any requirements imposed by Parks.
Sec. 428A.07 License Renewal
Before the Department can renew the license, the person, business, corporation, or entity applying for renewal must submit proof of continued insurance coverage and its cleaning and maintenance logs of the Mobile Sauna(s) in the last three (3) months to demonstrate compliance with all health and safety requirements.
Sec. 428A.08 Inspection
During any hours in which a Mobile Sauna is available for use, the Department may conduct an inspection of a Mobile Sauna to ensure compliance with all health, environmental, fire, zoning, building, and license codes, as well as any conditions imposed on the license. The person or entity holding any license issued under this Chapter must make the Mobile Sauna(s) available for inspection at any time upon request of the Department.
Sec. 428A.09 Adverse Action
(a) Any license or application for a license under this Chapter is subject to denial, nonrenewal, suspension, revocation, imposition of conditions, or any other penalty or adverse license or enforcement action, including civil, administrative, or criminal, to the fullest extent as authorized by this Code based on any violation or noncompliance with any provision of this Code or any other applicable law, statute, rule, or regulation.
(b) A basis for adverse action under this Code, chapter 310, includes, but is not limited to:
1. failure to comply with the requirement that all Mobile Saunas must be kept in a state of good repair and be kept sanitary at all times;
2. failure to comply with all health and safety rules, regulations, and laws; or
3. failure to comply with any requirements or rules required by Parks.
Sec. 428A.10 Severability
If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter will not be affected thereby.
SECTION 3
Title XXIX, Section 310.01, of the Saint Paul Legislative Code is hereby amended by replacing the Class R Business License fee table with the attached table. (Exhibit #1)
SECTION 4
This ordinance shall take effect and be in force thirty (30) days following its passage, approval, and publication.