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HomeMy WebLinkAbout11-26-1975J �D dt RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Special Meeting No. 29 - November 26, 1975 Agenda Item A-1 President Postier called the meeting to order at 4:50 P.M. The follow members being present: President Postier; Aldermen Allen, Kamper, McNary, Powers, Strain. Absent: Alderman Larson. The call of the Special Meeting was read by President Postier, the meeting being called for the purpose to adopt findings of fact in the revocation of the two Sauna Licenses, Sha-Rons Sauna and Carols Sauna. Powers moved, Kamper-second to adopt the following Findings of. Fact, -Conclusions. and "O;rder in tFie revocation=of Caro_1'=s-sauna License: IN THE MATTER OF THE SAUNA AND MASSAGE PARLOR LICENSE ISSUED TO KAREN C. KOCHEN D/B/A CAROL'S SAUNA, ROCHESTER, MINNESOTA. The above -entitled matter came on.for hearing before the Common Council of the City of Rochester in the Council Chambers in City Hall Rochester, Minnesota, on November 17, 1975. Mr. Robert Milavetz, Esq. appeared on behalf of Karen C. Kochen, Mr. Charles Richards, Assistant City Attorney, presented the evidence for the City. The City's evidence in chief was submitted by stipulation and in addition Detective Val Stevens., Sheriff's Deputy Richard Renaux and JoAnne L. Hvamstad were called as rebuttal witnesses for the City. Mr. Jospeh Kochen testified in behalf of Carol's Sauna. Upon the evidence presented at the hearing, arguments of counsel, and upon the entire record and proceedings herein, the Common Council of the City of -Rochester makes'=the following -Findings of Fact, Conclusions and Order FINDINGS OF FACT 1. Carol's Sauna is located at the Holiday Inn Downtown in the City of Rochester, Minnesota, and on August 20, 1975, and at all time-. hereinafter mentioned was owned and operated by Karen C. Kochen under under a sauna and massage parlor license issued by the Common Council of the City of Rochester pursuant to Ordinance No. 1758 (Rochester Code of Ordinances, c. 162). 2. On November 7, 1975, notice was served on Karen C. Kochen informing her of a public hearino to be held before the Common Counci of the City of Rochester in the Council Chambers in Rochester, Minn- esota on November 17, 1975, at 7:30 P.M. to consider the revocation of said sauna and massage parlor license, said notice being served by depositing a copy thereof in the post office at Rochester, Minneso addressed to Karen C. Kochen, 5535 Jonquil Lane, Minneapolis, Minnesota, and by leaving a copy of said notice with Teresa Verdick at Carol's Sauna in the Holiday Inn Downtown, Rochester, Minnesota. 3. Said notice informed Karen C. Kochen that the Common Council of the City of Rochester would conduct a public hearing to determine the propriety of revoking Carol's sauna and massage parlor license on the grounds that: 1. On or about August 20, 1975, employees or patrons or both engaged in indecent conduct while on the licensed premises. hn9 ,a, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 385. \ Agenda Item Special Meeting No. 29 - November 26, 1975 .2. On or about October 3, 1975, the owner employed a person not properly registered under Chapter 162 of the Rochester Code of Ordinances. 3. Or for other reasonable cause shown. 4. Rochester Code of Ordinances, §162.060 as enacted by O,rdinanc No,. --1758 provides.: 162.060. 'Revocation of Licenses. Any license granted hereunder may be revoked for a violation of this chapter, Minnesota Statute;, Sections 148.33 to 148.51, or any other law or regulation, when the violation occurs in connection with the operation of a'sauna or massage parlor, or for other reasonable cause shown. A licens may be revoked by the Common Council after a public hearing thereon. The city clerk shall give the licensee at least ten days written notice of the public hearing, at which the licensee shall have the right to testify, present witnesses and cross-examine witnesses. If the license is revoked, no portion of the license fee shall be returned to the licensee. 5. Rochester Code of Ordinances,:,`§162.070 as enacted by Ordinance No. 1758 provides: 162.070. Registration of Employees. Each licensee shall register at the police department each employee who works at the licensed premises by providing: (a) Name and address of the employee; (b) A description of any offense other than a traffic offense, including the time, place, date and disposition for which the employee has been arrested or convicted; (c) Photographs of the employee taken by the police department showing both the front and the side view; and (d) A complete set of fingerprints of the employee taken by the police department. The registration of anyone employed to practice massage shall be accompanied by a state registration certificate issued to the employee pursuant to Minnesota Statutes, Section 148.33 to 148.51 It is unlawful for any.licensee to employ any person on the licensed premises who is not registered hereunder, and it is unlawful for any licensee to permit any person to practice massage on the licensed premises who is not registered as provide in Minnesota Statutes, Sections 148.33.to 148.51. '5----Ro_chester Code of Ordinances, '§'-200-.020 provides: 200.020. Indecent Conduct. No person shall, in any public or private place engage in, or offer or attempt to engage in, or congregate because of, (a) lewd, lascivious or immoral conduct, (b) the use of slanderous, foul, .obscene, or indecent language, (c) the indecent or lascivious exposure or use of the human body, or any= -part thereof, or (d) ..behavior, whether by words or acts of a nature to corrupt the public morals or to outrage the sense of public decency. 7. On October 3, 1975, Detective Alan Fritsche of the Rochester Police Department conducted an investigation at Carol's Sauna during Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Special Meeting No.,29 - November 26, 1975 regular business hours and during the course of said investigation spoke to Teresa Verdick and Laura Figone who at the time were i.n:the reception area of the licensed premises. Laura Figone on October 3, 1975 and for two weeks prior thereto was an employee of Karen C. Koch performing services in connection with the sauna and massage business at Carol's Sauna. 8. On October 3, 1975, Laura Figone was not then and during the prior two weeks had not been registered as an employee of Karen C. Kochen at Carol's Sauna with the Police Department as required by Ordinance No. 1758 (R.C.O. 5162.070).. 9. On August 20, 1975, Detective Val STevens of the Rochester Police Department and Olmsted County Sheriff's Deputy Richard Renaux conducted an inspection of Carol's Sauna during regular business hour and during the course of said inspection Deputy Renaux found unpackag d used condoms in -four of the six massage rooms e on the 1.i censesr_emi� `pss. All of the :used .condoms were found in trash cans in the respective massage rooms. 10. On November 17, 1975 Dr. John Thompson, certified by the American Board of Microbiology, examined approximately half a dozen condoms taken from Carol's Sauna using a saline solution in conjunctil with a microscopic examination. The examination revealed the presence of human male spermatozoa in the condoms. 11. On August 20, 1975, during the inspection of Carol's Sauna by Detective Stevens and Deputy Renaux, Joseph Kochen, the husband and business adviser of Karen C. Kochen, when told by Detective Stevens of the used condoms found in the massage rooms said in the presence of Karen C. Kochen: "I Can't help i't i:f people masturbate here'. 12. Karen C. Kochen, owner and licensee of Carol's Sauna, was present on or in the immediate vicinity of the licensed premises on August 20, 1975 when Detective Stevens and Deputy Renaux conducted the inspection of the premises during regular business hours and Ka C. Kochen knew that used condoms were found on the premises at that time and knew, or should have known, that said condoms were the result of indecent conduct on the premises by one or more employee, patron, or both, of Carol's Sauna. 13. On or about August 20, 1975, one or more employee, patron, or both of Carol's Sauna engaged in lewd, lascivious or immoral condu on the licensed premises. 14. On or about August 20, 1975, one or more employee, patron, or both of Carol's Sauna engaged in indecent or lascivious exposure or use of the human body, or part thereof, on the licensed premises. 15. On or about August 20, 1975, one or more employee, patron or both of Carol's Sauna engaged in behavior on the licensed premises of ,r Agenda Item I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 387 CITY OF ROCHESTER, MINNESOTA Special Meeting No. 29 - November 26, 1975 a nature to corrupt the public morals or to outrage the sense of publ decency. 16. The inspections of Carol's Sauna,on August 20, 1975 and October 3, 1975, were part of a routine inspection initiated by pers of the Rochester Police Department and were not discriminatory nor was any favoritism shown others in the enforcement of Rochester 'Code of Ordinances, c. 162. CONN 11-1-%TnIVC 1. Karen C. Kochen was given notice of the November'17, 1975 hea before the Common Council in accordance with the requirements of Rochester Code of Ordinances; §162.060. 2. On October 3, 1975 and during the two weeks prior thereto, Karen C. Kochen had in her employ at Carols' Sauna, Laura Figone :'.Who_performed services in connection with the business of providing sauna and massage service to the public and who was not registered with the Rochester Police Department in violation of Rochester.Code of Ordinances, 5162.070. 3. On or about August 20, 1975, one or more employee, patron, or both, of Carol's Saunla.engaged in indecent conduct on the licensed premises constituting reasonable cause for the revocation of Carol's Sauna license pursuant to Rochester Code of Ordinances, t162.060. 4. Karen C. Kochen as licensee of Carol's Sauna -was responsible for the activities and conduct of the sauna employees and patrons described in paragraphs 2 and 3 of these Conclusions. ORDER It is ordered that the above Findings of. Fact and Conclusions are incorporated in the record herein and are hereby adopted as the Findings of Fact and Conclusions for the purpose of the Common Counci' revocation on November 17,1975 of the sauna and massage parlor licens( issued to Karen C. Kochen d/b/a Carol's Sauna at the Holiday Inn Downtown in the City of Rochester, Minnesota. Ayes (6), Nays (0). Motion carried. Allen moved, McNary second to adopt the following Findings of Fact, Conclusions, and Order in the renovation of Sha-Rons Sauna License: IN THE MATTER OF THE SAUNA AND MASSAGE PARLOR LICENSE ISSUED TO RICHARD DALE WISE D/B/A SHA-RON SAUNA, ROCHESTER, MINNESOTA. The above -entitled matter came on for hearing before the Common Council of the City of Rochester in the Council Chambers in City Hall Rochester, Minnesota, on November 17, 1975. Mr. Richard Dale Wise is inel -ing I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA -`Special Meeting No. 29 - November 26, 1975 appeared personally and with his attorney, Mr. Robert Milavetz. Mr. Charles.Richards, Assistant City Attorney, presented the evidence for the City. Detectives Val Stevens and Alan Fritsche, Mr. Gordon Meyers and Dr. John Thompson testified for the City. Mr. Wise testified in his own behalf. Upon the evidence presented at the hearing, arguments of counsel, and upon the entire record and proceed herein, the Common Council of the City of Rochester makes the followii Findings of Fact, Conclusions and Order: FINDINGS OF FACT 1. The Sha-Ron Sauna is located at 15 Fourth Street Southwest in the City of Rochester, Minnesota, and on October 6, 1975,-.'and at times hereinafter,mentioned was owned and operated by Richard Dale Wise under a sauna and massage parlor license issued by the Common Council of the City of Rochester pursuant to Ordinance No. 1758 (Rochester Code of Ordinances, c. 162). 2. On November 7, 1975, notice was served on Richard Dale Wise informing him of a public hearing to be held before the Common Counci of the City of Rochester in the Council Chambers in Rochester, Minnesi on November 17, 1975, at 7:30 p.m. to consider the revocation of said sauna and massage parlor license, said notice being served by depositing a copy thereof in the post office at Rochester, Minnesota, addressed to Richard Dale Wise at his last.=known address_; an'd;by l.eav a copy of said notice with Jim LaBasco at the Sha-Ron Sauna at 15 Fourth Street Southwest!,' Rochester, Minnesota. 3. Said notice informed Richard Dale Wise that the Common .Counc of the City of Rochester would conduct a public hearing to determine the propriety of revoking the Sha-Ron sauna and massage parlor licens .on the grounds that: 1. On or about October 4 and October 6, 1975, employees or patro or both engaged in indecent conduct while on the licensed premise 2. On or about October 6, 1975, the owner employed a person not properly registered under Chapter 162 of the Rochester Code of Ordinances. 3. Or for other reasonable cause shown. 4. Rochester Code of Ordinances, §162.060 as enacted by Ordinance No. 1758 provides: 162.060. Revocation of Licenses. Any license granted hereunder may be revoked for a violation of this chapter, Minnesota Statute Sections 148.33 to 148.51, or any other law or regulation, when the violation occurs in connection with the operation of a sauna or massage parlor, or for other reasonable cause shown. A licens may be revoked by the common council after a public hearing thereon. The city clerk shall give the licensee at least ten day written notice of the public hearing, at which the licensee shall have the right to testify, present witnesses.and cross-examine witnesses. If the license is revoked, no portion of the license fee shall be returned to the licensee. 5. Rochester Code of Ordinances, §162.070 as enacted by ings ig to ng RECORD OF OFFICIAL PROCEEDINGS OF THE, COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Special Meeting No. 29 - November 26, 1975 Agenda Item Ordinance No. 1758 provides: 162.070. Registration of.. Employees.. Each licensee shall registe .at the police department each employee who works at the licensed premises by providing: (a) Name and address of the employee; (b) A description of any offense other than a traffic offense, including the time, place, date and disposition, for which the employee has been arrested or convicted; (c) Photographs of the employee taken by the police department showing both the front and the side view; and (d) A complete set of fingerprints of the employee taken by the police department. The registration of anyone employed to practice massage shall be accompanied,by a state registration certificate issued to the employee pursuant to Minnesota Statutes, Section 148.33 to 148.51 It is unlawful for any licensee to employ any person on the licensed premises who is not registered hereunder, and it is unlawful for any licensee to permit any person to practice massage on the licensed premises who is not registered as promidel in Minnesota Statutes, Sections 148.33 to 148.51. 6. Rochester Code of Ordinances, S200.020 provides: 200.020. Indecent Conduct. No person shall, in any public or private place engage in, or offer or attempt to engage in, or congregate because of, (a) lewd, lascivious or immoral conduct, (b) the use of slanderous, foul, obscene, or indecent language, (c) the indecent or lascivious exposure or, use of the human body, or any part therof, or (d) behavior, whether by words or acts of a nature to corrupt the public morals or to outrage the sense of public decency. 7. On October 6, 1975 Detectives Val Stevens and Alan Fritsche of the Rochester Police Department conducted an inspection of the. Sha-Ron Sauna and during.the course of said inspection spoke to Kim Hayft, an employee of Richard Dale Wise, who at the time was working at the reception or front desk area on the Sha-Ron premises. Kim Hayft had been working for Richard Dale Wise at the Sha-Ron Sauna for approximately one week prior to October 6, 1975. 8. On October 6, 1975, Kim Hayft was not then and during the prior week thereto had not been registered as an employee of Richard Dale Wise with the Police Department as required by Ordinance No. 1758 (R.C.O. 5162.070). 9. On October 6, 1975, Detectives Stevens and Fritsche inspected the six massage rooms of the Sha-Ron Sauna during regular.business hours and in the course of the investigation found one unpackaged used condom in Room 2, and one unpackaged used condom in Room 4., two unpackaged used condoms in Room 5, and one packaged unused condom on the floor in Room.5. All four unpackaged used condoms were found in trash cans in the respective ,massage rooms. 390 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Special Meeting No. 29 - November 26, 1975 Agenda Item 10. Mr. -Gordon Meyers testified that he had a Masters degree in Natural-Science._from-Oklahoma.State: University and that he, -is teaching. human anatomy:-& ohysiology-.at the=Rochester. Community College. _ Someti°me caring -the week_ -of, November 10; 1975 he examined one of the.. -con doms.:.which was -i:n.dividual_1y sealed and_ - contained` in._a�l.arger sealed bag -which he had received from -Detective Val..Stevens-,-the bag being -identified as th.at'-containi7ng--t4e, evidence- taken from the. wastepaper baskets at the: Sha-:Ron -Sauna.. A mi_croscopc.examnation `reveal-ed- =human male , Sipe` in 'the condom:'. The. --other. condom's.: were.-hot---iridi v_iduM ly- sealed::and therefore we're too, ary ,to. test_ with -techniques-used---at:- the co Toge laboratory. 11. Dr. John Thompson, certified by the American Board of Microbiology, testified that on November 17, 1975 he examined one of the condoms taken from the Sha-Ron Sauna, the same condom examined by Gordon Meyers, and that the examination revealed the presence of human male spermatozoa in the condom. 12. On October 6, 1975, during the inspection of the Sha-Ron Sauna by Detectives Stevens and Fritsche, Kim Hayft admitted to :•. Detective Stevens that she knew the condoms had been used for their manufactured prophylactic purpose as testified to by Detective. Stevens as follows: Question: Did you have any further conversation at the Sha-Ron before leaving? Stevens: Well, after recovering this evidence I asked,Miss Hayf if she could give me a reason for the used prophylacti and she said, "That's quite obvious." And I asked he to explain what _'ob.vious' meant,, -and she said "I shoul know." And I=_said_ "No.:. l wouhd, like to know what you mean?" And she said, '"I think I-'ve said enough." 13. Richard Dale Wise as owner and licensee of the Sha-Ron Sauna and employer of Kim Hayft knew or should have known that on October 6, 1975 Detectives Stevens and Fritsche found used condoms during regular business hours in the massage rooms of the Sha-Ron Sauna and he knew or should have known that said condoms were the result of indecent conduct on the premises by .one or more Sha.-Ron employee, patron or both. z 14. On or about October 6, 1975, one or more Sha-Ron employee, patron, or both, engaged in lewd, lascivious or immoral conduct on the licensed premises. 15. On or about October 6, 1975, one or more Sha=Ron employee, patron, or both, engaged in indecent or lascivious exposure or use of the human body, or part thereof, on the licensed premises. 16. On or about October 6, 1975, one or more Sha-Ron employee, patron, or both engaged in behavior on the licensed premises of a nature to corrupt the public morals or to outrage the sense of public decency. RECORD OF OFFICIAL PROCEEDINGS OF THE; COMMON COUNCIL 391 CITY OF ROCHESTER, MINNESOTA Special Meeting No. 29 - November 26, 1975 Agenda Item 11 17. The inspection of the Sha-Ron Sauna on October 6, 1975 was part of a routine inspection of all saunas and massage parlors in Rochester initiated by personnel of the Rochester Police Department and was not discriminatory nor was any favoritism shown others.in the enforcement of Rochester Code of Ordinances, c. 162. CONCLUSIONS 1. Richard 'Dale Wise was given notice of the November 17,.1975 hearing before the Common Council in accordance with the requirements of Rochester Code of Ordinances, §162.060. 2. On October 6, 1975 and during the week prior thereto, Richard Dale Wise had in his employ at the Sha-Ron Sauna, Kim Hayft who performed services in connection with the business.:of providing sauna and massage service to the public and who was not registered with the Rochester Police Department in violation of Rochester Code of Ordinances, §162.070. 3. On or about October 6, 1975, one or more Sha-Ron Sauna employe patron, or both, engaged in indecent conduct on the licensed premises constituting reasonable cause for the revocation of the Sha-Ron license pursuant to Rochester Code of Ordinances, §162.060. 4. Richard Dale Wise as licensee of the Sha-Ron Sauna was responsible for the activities and conduct of the Sha-Ron employees and patrons described in paragraphs 2 and 3 of these Conclusions. ORDER It is ordered that the above Findings of Fact and Conclusions are incorporated in the record herein and are hereby adopted as the Findings of Fact and Conclusions for the purpose of the Common Counci' revocation on November 17, 1975 of the sauna and massage parlor licen! issued to Richard Dale Wise d/b/a the Sha-Ron Sauna at 15 Fourth Street Southwest in the City of Rochester, Minnesota. Ayes (6), Nays •(0). Motion carried. Having no further business, Allen moved, Powers second to adjourn the meeting until 2:00 P.M. December 1, 1975. Ayes (6), Nays (0). Motion carried. ✓1X�Lox� 1� Deputy City C1er ?e Its e