Minutes - Council Work Session - 11/25/2014

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Councilmember LeTourneau asked how that licensing for the individual employee would be enforced and if there is requirement for the establishment owner to have on file the licensing credentials of the individual therapists. City Attorney Langel reviewed the language of Section 26- 858.b, saying the establishment cannot hire an employee who does not have a current license. He explained that there is no language that requires the owner to constantly update the City but if law enforcement conducts a raid and finds employees who are not properly licensed, it is a violation of this section that can be grounds for revocation of the business license. Mayor Strommen asked if that language is sufficient or deficient for enforcement. City Attorney Langel explained that clause i. was stricken so providing an original list of therapists is not required when the establishment opens. But, the requirement remains that the establishment hire only therapists with a current license. He stated it is true that this is not the norm to regulate businesses but the problem with prostitution does not regularly occur in normal types of business. City Attorney Langel referenced the point made by Councilmember Kuzma that most of the 20 surveyed do not have `heartburn' over this ordinance or find it to be overly onerous. Mayor Strommen stated if this was her business, she would want a process to establish her business as being legitimate and separation from illicit businesses. Councilmember Johns noted that on Page 14, Requirements, the language requires the establishment to post its license as well as each therapist's license in such location the public can readily view. Mayor Strommen asked the Council if it finds the current language to be sufficient relating to licensing. After review of the ordinance, City Attorney Langel advised that language was stricken requiring each business to notify the City Clerk within 10 days when an employee is changed. But, a restriction remains that the establishment cannot retain a therapist without a license. Mayor Strommen noted that since the licenses have to be posted, in theory, the list of employees is known. She stated her question is more the application so the City can check out the credentials on the original list of employees. Councilmember Kuzma stated without being too restrictive, it seems that other establishments don't have a problem and once the ordinance is in place, the language can be `tweaked' if found to be needed. Councilmember Riley supported requiring posting of the establishment's and individual employee's licenses and he does not take the `survey silence' by establishments to indicate their stance on the ordinance. City Council Work Session / November 25, 2014 Page4of7