Title
Amending Chapter 427 of the Legislative Code to reference and incorporate Uniform License Procedures as outlined in Legislative Code Chapter 310, clarify ambiguous language, update outdated gender language, add Infrared heated sauna fitness studios to the definition license category, and change the on-duty staffing exceptions.
Body
SECTION 1
WHEREAS, current individual City Licensing Ordinances contain notification, hearing, and petition requirements for specific business license types; and
WHEREAS, different license processes in different City licensing ordinances have created confusion among city staff and prospective license applicants as to the proper process to follow; and
WHEREAS, some of these requirements unnecessarily increase the time it takes individuals to open a business; and
WHEREAS, time costs entrepreneur’s money and impacts their interest and ability to open a business in Saint Paul; and
WHEREAS, throughout the life cycle of a license, the City Council has the same rights, requirements, and abilities to take Adverse Action (e.g., imposing conditions on a license); and
WHEREAS, after community listening sessions a stakeholder workgroup discussed business and administrative needs and brainstormed/researched solutions; and
WHEREAS, the workgroup recommended uniform license procedures, the removal of petition requirements, a shortened notification process, elimination of the license renewal public hearing provision and retaining the requirement that all Class N License Applications be put before City Council; and
WHEREAS, Saint Paul Legislative Code Section 310 was revised to include uniform license procedures for all license types; and
WHEREAS, the City Attorney has determined, based on the opinion of other legal experts, that the use of the word “shall” in legal instruments is ambiguous depending upon the context, and advises that the best practice of substituting the word “shall” with a more precise term (e.g., “must,” “will,” “may,” “is”) should be followed when possible; and
WHEREAS, the City Attorney has also determined, based on the opinion of other legal experts, that laws that include references to specific genders at the exclusion of others do not promote gender equality, and advises that gender-specific words should be replaced with gender-neutral words that have the same meaning when possible; and
WHEREAS, the City of Saint Paul Legislative Code currently categorizes saunas under the definition of steam room and bath house business; and
WHEREAS, the Code does not include a category that addresses Infrared heated sauna fitness studios as fitness equipment; and
WHEREAS, the Code does not provide a category for fitness facilities offering virtual workouts available on an automated recording; and
WHEREAS, the City desires to create a separate category in the Code to include Infrared heated sauna fitness studios specifically designed for isometric exercise as fitness equipment; and
WHEREAS, the City aims to allow health club licensed facilities to provide members with 24/7 access to automated virtual instructors using Infrared heated sauna fitness studios for guided workouts, enhancing accessibility and convenience for members with varying schedules; and
WHEREAS, applicants for a Health/Sport Club - Exercise Only Facility Class N license must obtain approval or denial from the City Council; and
WHEREAS, applicants must notify district councils in the area prior to submitting a Class N license application by completing the District Council Notification Form provided by the Department; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul does hereby Ordain:
SECTION 2
Chapter 427 of the Saint Paul Legislative Code is hereby amended as follows:
The Uniform License Procedures laid out in Chapter 310 of the Saint Paul Legislative Code pertaining to Applications, New Applications Investigation and Review, Notice, Levels of Approval, Objections and Renewal Procedures for Class N Licenses apply to Licenses issued under this Chapter.
SECTION 3
Sec. 427.01. License required is hereby amended to read as follows:
No person shall may engage in the business of operating a health/sport club without being licensed as provided in this chapter and in accordance with Section 310.02(2) of the Legislative Code. No license issued under this chapter shall be is transferable from one (1) person, business, corporation, or location to another.
SECTION 4
Sec. 427.02. Definitions is hereby amended to read as follows:
As used in this chapter, the terms defined in this section shall have the following meanings ascribed to them:
Adequate or approved means acceptable to the director of the department of safety and inspections Department of Safety and Inspections following the director's determination as to conformance with public health practices and standards.
Exercise only facility means a health/sport club that provides only fitness equipment and restroom/shower facilities but no other facilities such as traditional saunas, steam rooms, hot tubs, and massage facilities. All members of the exercise only facility shall must have access to the entire facility and Infrared heated sauna fitness studio space. and there shall not be There may not be separate access to facilities for different levels of membership.
Health/sport club means a building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, Infrared heated sauna fitness studio training or other customary and usual recreational activities, operated for profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or open to the public for a fee.
Infrared heated sauna fitness studio means a dedicated studio space within a Health/sport club that utilizes infrared technology to heat the studio at a lower temperature than traditional saunas, typically between 100°F and 150°F. An Infrared heated sauna fitness studio may be combined with isometric exercise classes or therapeutic uses. Infrared heated sauna fitness studios are distinct from traditional saunas, which utilize steam or high heat.
SECTION 5
Sec. 427.03. License classification is hereby amended to read as follows:
A Health/sports club license This license shall be a Class III is a Class N license as defined in section 310.01 Section 310.02(2) of this Legislative Code.
SECTION 6
Sec. 427.04. Fee is hereby amended as follows:
The required fee for a license shall be is established by ordinance as specified in section Section 310.01 of the Legislative Code. A separate license shall must be obtained for each place of business. The licensee shall must display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is valid for a calendar year, or part thereof, for which it has been issued.
SECTION 7
Section 427.05 License requirements is hereby deleted:
(a) Application. The initial application for a license shall be made at the department of safety and inspections by filing the annual license fee and by completing an application form. The application form, which shall be prepared by the department of safety and inspections and approved by the city council, shall contain the following information:
(1) A description and location of the premises to be licensed. The detailed plans of the premises and furnishings shall be attached to the application; including a site plan showing the off-street parking.
(2) Names and addresses of the property owner, the business owner, the lessee, the manager or operator and, if a corporation, all the names and addresses of the officers of such corporation, and any other person or corporation which may have a financial interest in the premises to be licensed.
(3) A description of any crime or other offense, including the time, place, date and disposition, for which any of the persons named in subparagraph (2) of this paragraph (a) have been convicted.
(4) A description of the services to be offered.
(5) The business, occupation or employment of each of the persons named in subparagraph (2) of this paragraph (a) for the three (3) years immediately preceding the date of application.
(6) The previous experience of the persons named in subparagraph (2) of this paragraph (a) in a health/sport club or similar business.
(7) A statement as to whether the persons named in subparagraph (2) of this paragraph (a) have had any license denied, revoked or suspended in the City of Saint Paul or the State of Minnesota, the reason therefor, and the business activity or occupation of the individual subsequent to such suspension, revocation or denial.
Such application will then be reviewed by the department of safety and inspections police department and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to license inspector, who shall either grant or deny the license in accordance with the procedures set forth in chapter 310 of this Code.
(b) Insurance. Each applicant for a license or renewal under this chapter shall file with the department of safety and inspections a liability policy or certificate of insurance from a company authorized to do business in the state. The insurance policy shall insure the applicant against any and all liability incurred for injuries to persons or property in the use or operation of the health/sport club including fitness only facilities. The policy of insurance shall be in the limits of not less than those provided for municipalities under Minnesota Statute § 466.04. All insurance policies hereunder shall continue to provide coverage during the license period and expire on the anniversary of the license.
(c) Hearing; notification. At least thirty (30) days before a public hearing on an application for a license, the department of safety and inspections shall notify by mail all owners and occupants who own property or reside within three hundred (300) feet of the property line of the establishment to be licensed, and all community organizations that have previously registered with said department, of the time, place and purpose of such hearing, said three hundred (300) feet being calculated and computed as the distance measured in a straight line from the nearest point of the property line in which the business is to be operated to the nearest point of the property line owned, leased or under the control of the resident. Prior to the hearing date, the department of safety and inspections shall submit to the city council a list of the names and addresses of each person or organization to whom notice was sent, and certification of such list by the clerk shall be conclusive evidence of such notice. The failure to give mailed notice to owners or occupants residing within three hundred (300) feet, or defects in the notice, shall not invalidate the license, provided a bona fide attempt to comply with this paragraph has been made. A bona fide attempt is evidenced by a notice addressed to "owner" and to "occupant" of the listed address. Only one (1) notice need be mailed to each house or each rental unit within a multiple-family dwelling regardless of the number of occupants.
The notification requirements of this paragraph shall not be applicable where the license is to be held in a place located within the downtown business district. For purposes of this chapter, "downtown business district" shall include all that portion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street; Chestnut Street to Pleasant Avenue; Pleasant Avenue to Kellogg Street; Kellogg Street to Summit Avenue; Summit Avenue to Tenth Street; Tenth Street to Interstate Freeway 94; Interstate Freeway 94 to Lafayette Bridge; Lafayette Bridge to where the bridge crosses over Warner Road; Warner Road to Shepard Road; Shepard Road to Chestnut Street.
(d) Hearing. The city council shall afford the applicant and all interested parties a public hearing, and shall have the discretion to consider in granting, denying or renewing the license any reasonable fact or circumstance relating to the public health, safety and welfare, including, but not limited to, the following:
(1) The character and suitability of the area or neighborhood in which the licensed premises is to be located;
(2) The proximity of the site for the health/sport club to churches, schools, playgrounds, parks or other community facilities adversely affected; and
(3) Traffic congestion and parking problems.
(e) Basis for denial. Upon the recommendation of the license inspector and in accordance with the procedures in section 310.04 and 310.05 of this Legislative Code, the council may deny an application for renewal or grant of a license on the basis of a determination that the public health, safety or welfare would be otherwise adversely affected, taking into account one (1) or more of the facts or circumstances in this section, or the grounds specified in section 310.06 of this Legislative Code.
(f) Restrictions may be imposed. Following such procedures, where a reasonable basis is found by the council to impose reasonable restrictions upon the license, taking into consideration one (1) or more of the above facts or circumstances, the council may, upon issuance or renewal of a license, impose such reasonable conditions and restrictions on the manner and circumstances under which the licensed activities shall be conducted to preserve the public peace and protect and promote good order and security, or impose conditions as permitted by section 310.06(c) of this Legislative Code.
SECTION 8
Section 427.06 Adverse action; grounds for suspension, revocation or denial is hereby deleted.
Sec. 427.06. Adverse action; grounds for suspension, revocation or denial.
The city council may consider the taking of adverse action regarding a license application or licensed business as set forth in this section, and in conformity with the procedures required by section 310.05 of this Legislative Code; provided, however, that the council shall not consider as grounds for such adverse action any activity on the part of the applicant or licensee, which activity is protected by the provisions of the Constitutions of the United States or of the State of Minnesota.
(1) It shall be grounds for denial of the application if the applicant or persons in his employ are not complying with or have a history of violations of the laws and ordinances that apply to public health, safety or morals.
(2) It shall be grounds for the denial, suspension or revocation of a license if the owner, manager, lessee or any of the employees or persons having a financial interest in the business is convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premises, of any law, which conviction may be used for that purpose under Minnesota Statutes, Chapter 364.
(3) It shall be grounds for suspension or revocation of any license granted under this chapter if the premises do not comply with the health, housing, fire, zoning and building regulations of the City of Saint Paul and State of Minnesota.
(4) An application may be denied or a license may be suspended or revoked if the presence of such establishment is found to be detrimental to the health, welfare or safety of the citizens of the City of Saint Paul.
(5) A license may be denied or a license may be suspended or revoked upon evidence of a material variance in the actual plan and design of the premises from the plans submitted pursuant to this chapter or from the original design of the premises or of the facilities when initially licensed without prior approval of the city council.
(6) Licenses may be granted only to establishments which can meet the requirements of the health, housing, building, fire and zoning code regulations of the City of Saint Paul and State of Minnesota.
(7) It shall be grounds for denial, suspension or revocation of the license if there is any fraud or deception involved in the license application or license renewal.
(8) It shall be grounds for suspension or revocation of the license if the licensee, owner, lessee or manager of the health/sport club fails to comply with any of the ordinances of the City of Saint Paul or statutes of the State of Minnesota pertaining to the licensed premises.
(9) It shall be grounds for the suspension or revocation of the license if the licensee or owner or manager or any of the employees or persons having a financial interest in the premises are found to be in control of or possession of any alcoholic beverages or controlled substances on the premises, possession of which is illegal under city ordinance or state law.
(10) It shall be grounds for the denial, suspension or revocation of the license if the licensee, owner, lessee, manager or employee has evidenced in the past willful disregard for the health, housing, zoning, building and/or fire codes and regulations.
(11) It shall be grounds for the denial, suspension or revocation of the license if any aforementioned person or persons shall refuse to permit any police officer or inspector employed in the department of safety and inspections to inspect the premises or operations during normal business hours.
(12) It shall be grounds for the denial, suspension or revocation of a license if the licensee or any of its employees are found to be in violation of the provisions of this chapter.
(13) It shall be grounds for the denial, suspension or revocation of the license of any adult health/sport club if any employee is under eighteen (18) years of age.
(14) If adverse action is taken against an exercise only facility for failure to comply with 427.07(13), the council may impose a license condition requiring on-site staffing during all hours of operation. Such a license condition shall not be considered a deviation from the penalty matrix under section 310.05(m) of the legislative code.
(15) Notwithstanding the penalty matrix under Section 310.05(m) of the legislative code, the presumptive penalty for an exercise only facility in which prostitution activity takes place is license revocation.
SECTION 9
Section 427.07. Construction, maintenance, and staff requirements is hereby renumbered and amended to read as follows:
Sec. 427.07. 427.05 Construction, maintenance, and staff requirements.
The following requirements shall apply to the construction, maintenance, and staffing of the licensed premises:
(1) All sauna rooms, restrooms, and bathrooms used in connection with the licensed premises shall must be constructed of materials which are impervious to moisture, bacteria, mold, or fungus growth. The floor-to-wall and wall-to-wall joints shall must be constructed to provide a sanitary cove with a minimum radius of one (1) inch.
a. Infrared heated sauna fitness studios are exempt from this requirement though they must have business practices and maintenance standards which inhibit bacteria, mold, or fungus growth.
(2) All restrooms used in connection with the licensed premises shall must be provided with mechanical ventilation with two (2) cubic feet per minute per square foot of floor area, a minimum of fifteen (15) footcandles of illumination, a handwashing sink equipped with hot and cold running water under pressure, sanitary towels, and a soap dispenser.
(3) Each establishment shall must have a janitor's closet which shall will be provided for the storage of cleaning supplies. Such closet shall must have mechanical ventilation with two (2) cubic feet per minute per square foot of floor area and a minimum of ten (10) footcandles of illumination. Such closet shall must include a mop sink.
(4) Floors, walls, and equipment in sauna rooms, Infrared heated sauna fitness studios, restrooms, and in bathrooms used in connection with the establishment must be kept sanitary and in a state of good repair and sanitary at all times. Linens and other materials shall must be stored at least six (6) inches off the floor. Sanitary towels, wash cloths, cleaning agents, and toilet tissue must be made available for each customer.
(5) Individual lockers shall must be made available for use by patrons. Such lockers shall must have separate keys for locking.
(6) Doors on massage rooms shall must not be locked during the giving of massage. All massage rooms shall must be clearly marked by signs.
(7) All massage tables, bathtubs, shower stalls, bath areas, and floors shall must have surfaces which can be readily disinfected.
(8) Separate bathing, dressing, locker, toilet, and massage room facilities shall must be provided for female and male patrons.
(9) The premises shall must have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall must be disinfected after use on each patron.
(10) All exercise equipment shall must be kept in safe working order. Any equipment found to be in an unsafe condition shall must be removed immediately from service by physically removing it or by placing an "Out of Order" sign on it to prevent use.
(11) No exercise equipment shall may be used unless there is assigned at all times an employee on duty which is trained to give advice on the safe use and operation of said equipment. The staff member on duty must be on the premises.
(12) At least one (1) employee or manager, trained and qualified in first aid, CPR First Aid, cardiopulmonary resuscitation (CPR), and use of an AED according to standards established by rule by the department of safety and inspections shall Department of Safety and Inspections must be on duty at all times that the licensed premises are in operation or open to members or of the public. Such standards shall be in conformity must conform with standards and guidelines established by the American Red Cross with respect to water safety instructors or by the American Heart Association for similar purposes. The staff member on duty must be on the premises.
(13) Exception to on duty staffing rule. An exercise only facility may operate without a staff member on the premises as required by paragraph (11) and (12) above under the following conditions:
a. The exercise only facility must be on the ground level of a commercial or traditional neighborhood zoned building or on the skyway level with skyway access. The space within the building must be at least five hundred (500) square feet with at least seventy-five (75) square feet of external windows or windows facing the skyway that allow passersby, licensing officials, and police to see clearly into the building and allow members to easily see outside the facility. The requirements of this paragraph shall do not apply to exercise only facilities located in the Downtown Business District, as defined in section Section 409.02.
b. The facility shall must have at least ten (10) cardiovascular exercise machines, including, but not limited to, treadmills, elliptical trainers, and stationary bicycles; and at least ten (10) strength training machines. If the exercise only facility is located within a mixed-use building, the facility must install mats or other sound reducing flooring in free weight areas.
c. All members of the exercise only facility must be advised and sign an acknowledgement that they have been advised that a staff member is not always present during hours of operation. These acknowledgements shall must be retained by the exercise only facility and available to the department of safety and inspections Department of Safety and Inspections upon request.
d. The exercise only facility shall must maintain and operate an access monitoring system that records the name, date, and time that members enter the facility. This record shall must be made regardless of whether the facility is staffed. This record shall must be maintained for a period of at least ninety (90) days and made available to the department of safety and inspections Department of Safety and Inspections or the city police department Police Department upon request.
e. The exercise only facility must provide at least one (1) automatic electronic defibrillator (AED) on the premises. In addition, the facility must offer certification for use of the AED in CPR, and first aid First Aid, and use of the AED free of charge to members of the facility at least three (3) times per year.
f. Exercise only facilities must have personal security devices capable of being worn around a member's neck that is are connected to a security company twenty-four (24) hours a day and that will result in immediate notification of police and/or other emergency services. That security company shall must have access to video surveillance from the club so the police can be notified of what caused the alarm and can better be able are better able to send appropriate help. Exercise only facilities must post notification to members in a conspicuous location near the door to the facility and within view of the fitness equipment that all members of the facility who are alone in the facility must wear a personal security device at all times.
g. The exercise only facility shall must have a working video surveillance system to provide documentation of all activities on the interior of the facility (excluding locker rooms, rest rooms, and tanning facilities) and the exterior of the facility, including the parking lot within fifty (50) feet of the entrance to the facility or the skyway as far as possible up to fifty (50) feet of the entrance. If city police determine a preferred placement for cameras, licensee shall must position cameras as directed by city police. Recordings must be retained for ninety (90) days and made available to the city police department Police Department or the department of safety and inspections Department of Safety and Inspections immediately upon request. In addition, the city police department Police Department and department of safety and inspections Department of Safety and Inspections shall must be provided electronic access to the surveillance system in order to monitor actions on the premises in live time.
h. All external or skyway doors to the fitness only facility shall must be equipped with tailgating alarms. All tailgating alarms shall must be reported to the department of safety and inspections Department of Safety and Inspections along with the time and circumstances of the alarm.
i. All internal doors shall must be equipped with a working video surveillance system which documents and records any person(s) entering and leaving all internal doors to the fitness only facility, including, but not limited to, restrooms, shower rooms, and tanning facilities. Any instances in which more than one person enters a room within the facility not monitored by internal surveillance cameras shall must be reported to the department of safety and inspections Department of Safety and Inspections along with the time and circumstances of the incident.
j. The exercise only facility shall will contain only the following rooms:
1. One (1) large room containing all fitness equipment.
2. At least one (1) locker room/restroom for female patrons and at least one (1) locker room/restroom for male patrons.
3. No more than one (1) group fitness room in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or obstruction to the view of the room in any way. The group fitness room must be sufficiently lit to allow an average person to see facial and other recognizable features on video surveillance recordings anytime a person is inside the room.
4. No more than one (1) office area in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or other glass treatment that obstructs the view of the office in any way. The door to the office shall must be locked at all times unless an employee is inside the office. Any time any person is inside the office, the lights to the office shall must be on.
5. No more than two (2) rooms containing tanning equipment as defined by section Section 380.03 of the Saint Paul Legislative Code. The tanning rooms shall must be locked at all times unless a staff member is present inside the facility and performing the duties required by Minn. Stats. § 325H. Members of the exercise only facility shall may not have access to tanning equipment or rooms containing tanning equipment unless a staff member is present.
6. A janitor's closet as required under (3) of this section. Janitor's closets in exercise only facilities shall must be locked at all times unless an employee or person hired by the exercise only facility is performing janitorial services. Members of the exercise only facility shall may not have access to the janitor's closet at any time for any reason.
k. The exercise only facility shall must notify the department of safety and inspections Department of Safety and Inspections of the designated staff hours for each club. Staffed hours shall must be conspicuously posted on the entrance to the health club.
l. The exercise only facility shall may not allow members to bring guests into the facility during hours that the facility is not staffed. During all non-staffed hours, every person entering the facility shall be is required to individually unlock the entry doors in order for the monitoring system to record that member's entry.
(14) Exception to on duty staffing rule - Infrared heated sauna fitness studio.
An Infrared heated sauna fitness studio may operate without a staff member on the premises as required by paragraph (11) and (12) above under the following conditions:
a. The exercise only facility must be on the ground level of a commercial or traditional neighborhood zoned building or on the skyway level with skyway access. The space within the building must be at least five hundred (500) square feet with at least seventy-five (75) square feet of external transparent window glazing or windows facing the skyway.
b. The facility must have at least ten (10) cardiovascular exercise machines, including, but not limited to, treadmills, elliptical trainers, and stationary bicycles; and at least ten (10) strength training equipment. If the exercise only facility is located within a mixed-use building, the facility must install mats or other sound reducing flooring in free weight areas.
c. All members of the exercise only facility must show a government photo identification, attest to a health self-assessment provided by an employee, be advised, and sign an acknowledgement before given access during unstaffed hours. These acknowledgements must be retained by the exercise only facility and available to the Department of Safety and Inspections upon request.
d. The exercise only facility must maintain and operate an access monitoring system that records the name, date, and time that members enter the facility. This record must be made regardless of whether the facility is staffed. This record must be maintained for a period of at least ninety (90) days and made available to the Department of Safety and Inspections or the city Police Department upon request.
e. The exercise only facility must provide at least one (1) automatic electronic defibrillator (AED) on the premises. In addition, the facility must offer certification in CPR, First Aid, and use of the AED free of charge to members of the facility at least three (3) times per year.
f. Exercise only facilities must have personal security devices, capable of being worn by a member, which are connected to a security company twenty-four (24) hours a day and that will result in immediate notification of police and/or other emergency services. That security company or license holder must have access to video surveillance from the club so the police can be notified of what caused the alarm and are better able to send appropriate help. Exercise only facilities must post notification to members in a conspicuous location near the door to the facility and within view of the fitness equipment that all members of the facility who are alone in the facility must wear a personal security device at all times.
g. The exercise only facility must have a working video surveillance system to provide documentation of all activities on the interior of the facility (excluding locker rooms, rest rooms, and tanning facilities) and the exterior of the facility, including the parking lot within fifty (50) feet of the entrance to the facility or the skyway as far as possible up to fifty (50) feet of the entrance. If city police determine a preferred placement for cameras, licensee must position cameras as directed by city police. Recordings must be retained for ninety (90) days and made available to the city Police Department or the Department of Safety and Inspections immediately upon request. In addition, the city Police Department and Department of Safety and Inspections must be provided electronic access to the surveillance system in order to monitor actions on the premises in live time.
i. A working video surveillance system must document and record any person(s) entering and leaving all interior doors within the licensed premise, which are accessible to members. Video surveillance must cover all common areas accessible to members and must, include, but not be limited to, all common areas directly adjacent to infrared heated sauna fitness studios, restrooms, shower rooms, and tanning facilities. Video surveillance is not required inside any staff-only rooms and must not be inside restrooms, shower rooms or tanning rooms. Any instances in which more than one person enters a room within the facility not monitored by internal surveillance cameras must be reported to the Department of Safety and Inspections along with the time and circumstances of the incident.
j. The licensed premise will contain only the following rooms:
1. One (1) large room containing fitness equipment.
2. Infrared heated sauna fitness studios with at least 40% transparent glazing facing the street or an internal common area.
2. At least one (1) locker room/restroom for female patrons and at least one (1) locker room/restroom for male patrons.
3. No more than one (1) group fitness room in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or obstruction to the view of the room in any way. The group fitness room must be sufficiently lit to allow an average person to see facial and other recognizable features on video surveillance recordings anytime a person is inside the room.
4. No more than one (1) office area in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or other glass treatment that obstructs the view of the office in any way. The door to the office must be locked at all times unless an employee is inside the office. Any time any person is inside the office, the lights to the office must be on.
5. No more than two (2) rooms containing tanning equipment as defined by Section 380.03 of the Saint Paul Legislative Code. The tanning rooms must be locked at all times unless a staff member is present inside the facility and performing the duties required by Minn. Stats. § 325H.
6. A janitor's closet as required under (3) of this section. Janitor's closets in exercise only facilities must be locked at all times unless an employee or person hired by the exercise only facility is performing janitorial services. Members of the exercise only facility may not have access to the janitor's closet at any time for any reason.
k. The exercise only facility must notify the Department of Safety and Inspections of the designated staff hours for each club. Staffed hours must be conspicuously posted on the entrance to the health club.
l. Prohibited activities during unstaffed hours.
1. Members of the exercise only facility may not have access to tanning equipment or rooms containing tanning equipment unless a staff member is present.
2. The exercise only facility may not allow members to bring guests into the facility during hours that the facility is not staffed. During all non-staffed hours, every person entering the facility is required to individually unlock the entry doors in order for the monitoring system to record that member's entry.
m. The exercise only facility shall enforce their member conduct policy for any member known to be in violation of one of the above requirements, including but not limited to suspension of unstaffed access. The member conduct policy shall be submitted to the Department of Safety and Inspections upon application and upon license renewal.
n. During unstaffed hours, an Infrared heated sauna fitness studio must cycle off after 90 minutes and the occupant must be able to manually reduce the temperature of an individual infrared heated sauna fitness studio.
p. Members with access to unstaffed hours must be age 18 or older.
q. A phone number to reach the license holder must be posted in member areas. This phone number must route to an entity which is capable of responding to non-emergency issues at the licensed premise at all hours.
r. At the beginning of each business day, every infrared heated sauna fitness studio must receive an operational safety check including the functionality of the heater, temperature controls, and access door.
SECTION 10
Section 427.08. Submission of plans and specifications is hereby renumbered and amended to read as follows:
Sec. 427.08 427.06. Submission of plans and specifications.
All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as a health/sport club shall must conform and comply in their construction, erection or alteration with the requirements of this chapter. Plans and specifications for such layout, arrangement and plumbing and construction materials and locations, size and type of equipment and facilities shall must be filed by the owner in the department of safety and inspections. Department of Safety and Inspections. A building permit shall may not be issued for any such construction, remodeling or alteration until such permit shall have has the approval of the division of public health.
SECTION 11
Section 427.09. Inspection by city officers and identification of employees is hereby renumbered and amended to read as follows:
Sec. 427.09 427.07. Inspection by city officers and identification of employees.
During any hours in which any person is present on the licensed premises, the premises shall must be open to inspection by city health, fire, zoning, building and license inspectors and police officers, but only in course and scope of their employment. Upon demand by any police officer, any person engaged in providing services in any licensed premises shall must identify himself/herself themself giving his/her their true legal name and correct address.
SECTION 12
Section 427.10. Rules and regulations; director of department of safety and inspections may promulgate is hereby renumbered and amended to read as follows:
Sec. 427.10 427.08. Rules and regulations; director of department of safety and inspections Department of Safety and Inspections may promulgate.
The director of the department of safety and inspections Department of Safety and Inspections shall may make such rules and regulations in keeping with the provisions of this chapter and as may be reasonably necessary to the safe and sanitary operation of Health health/sport clubs. Such rules and regulations are effective when filed in the office of the city clerk and Department of Safety and Inspections department of safety and inspections, and amendments thereof shall be are effective twenty (20) days after being so filed. Violations of such rules and regulations may be sufficient grounds for adverse action, up to suspension or revocation or suspension of any and all licenses issued pursuant to this chapter.
SECTION 13
Section 427.11. Unlawful acts is hereby renumbered and amended to read as follows:
Sec. 427.11 427.09. Unlawful acts.
It shall be is unlawful for:
(1) Anyone to engage in, conduct or carry on a Health health/sport club without a valid license issued pursuant to this chapter.
(2) Any person in a licensed establishment to place his or her their hands upon, or to touch with any part of his or her their body, or to fondle in any manner, or to massage, the genital area of any other person.
(3) Any person owning, operating or managing a licensed establishment knowingly to cause, allow or permit in or about such licensed establishment any agent, employee, or any other person under his or her their control or supervision to perform such acts prohibited in subparagraphs (1) and (2) of this section or any obscene act.
(4) Any health Health/sports club, including an exercise only facility, to allow a patron who has violated paragraph (2) above, any similar law, or committed any obscene act inside a health Health/sports club or exercise only facility to remain a member of the health Health/sports club or exercise only facility.
Section 14
This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.