Minutes - Council Work Session - 09/09/2014

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Councilmember Backous asked what would happen if it was determined that illegal activities are going on in that type of a business. He stated he shares the concerns expressed by Councilmember Riley that the ordinance, as drafted, may be `over the top' and asked if it is a consideration to remove an individual if there is a problem and then if it continues, the City can look at closing the business. City Administrator Ulrich asked if there is interest in getting feedback from legitimate massage businesses, noting they also have a vested interest in keeping the industry `clean' and at a higher standard. Councilmember Riley agreed with that suggestion, noting the City already has several businesses that can be asked. He noted that massage being provided at chiropractic and doctor offices would already be exempt because they have other licensing requirements and his concern is that the ordinance contain what is needed, but not more than that. Mayor Strommen also agreed with the suggestion to get feedback from existing legitimate massage businesses. She cautioned that the City with the least restrictive ordinances will end up attracting undesirable businesses so the Council needs to assure the Police Department has adequate tools so illegal businesses can be closed without negatively impacting legitimate businesses. Police Captain Katers stated he understands the concern about not impacting legitimate businesses, noting that language is included to exempt certain businesses as defined on Page 3. City Attorney Langel stated that is correct as long as it involves incidental massage not being conducted in a separate room on a table. Councilmember Kuzma supported the suggestion to gain input from existing businesses but he preferred a stronger worded ordinance to assure it keeps out illegal operations. Councilmember Riley asked which ordinance version would be presented for input. Mayor Strommen stated the red -lined version is the most recent version unless the Council directed a revision. Councilmember Johns stated the red -lined version includes the language addressed in the memorandum. Councilmember Riley stated his preference would be to start with the red -lined version. Councilmember Johns asked if the wording about ill repute and moral terms are needed for enforcement. City Attorney Langel explained that removing those terms would lower the ability for enforcement. City Council Work Session / September 9, 2014 Page 7 of 9