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I I I Council Meeting Minutes April 27, 1993 Page 1 1 Council Business. continued Motion by Williams, seconded by Gunderman, to APPROVE LP-273, SUBJECT TO THE FOLLOWING CONDITIONS: 1. CITY ENGINEER APPROVAL OF GRADING AND DRAINAGE PLAN. 2. A LETTER OF CREDIT OR BOND BE POSTED WITH THE CITY TO COVER 100% OF THE COST TO INSTALL THE BITUMINOUS SURFACE, CURBING AND LANDSCAPING. 5 Ayes - 0 Nayes, Motion Carried. Mattila presented an amendment to the Massage Parlor ordinance. Over the years, staff has been contacted by persons wishing to locate and practice a therapeutic massage business in New Brighton. However, the current ordinance makes it difficult to locate such a business in the City. Recently, Basics for Hair, 151 Silver Lake Road, expressed interest in offering therapeutic massage as part of their hair care business. The City Attorney and staff found three areas of the ordinance which need to be amended. The first is Section 15-1970 which requires rooms in the licensed premises be illuminated with no less than 30 ft. candles of illumination. The applicant feels the massage room be void of bright lights so that relaxation can be created. Mattila noted that classrooms, barber shops and churches and banks are illuminated with 30 ft., 15ft., and 8 to 10ft. candles of illumination, respectively. Staff proposes to allow the massage room be illuminated not less than 10ft. candles of illumination. Code Section 1 5-204 prohibits performing massages on members of the opposite sex. According to the applicant, the therapist would have male and female clients. Staff proposes this section be deleted. The most crucial section is 15-199(c) which provides that a massage parlor may not be operated within 600 ft. of any residential district, church, nursery, school, or establishment frequented by juveniles. Staff proposes this section be amended so that the provisions shall not apply to a massage parlor which is an accessory to a primary use of the license premises providing the following criteria are met: the primary use has at least two full-time employees engaged in the primary business use; no more than 15% of premises devoted to massage use; primary use has capital investment in furniture, fixtures and equipment of at least $30,000, and primary use has been in business on licensed premises for at least 3 years. With these additions, staff recommends approval. Gunderman asked if music was considered a factor since less desirable businesses could play inappropriate music. Mattila has not researched the music issue. The amendment assures that a licensed therapeutic massage would be located in an established business; and most likely a primary user would not allow a service to jeopardized their business license. Council Business New Brighton lumber Site Plan Report 93-124 Massage Ordinance Report 93.125