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HomeMy WebLinkAboutOrdinance - 4-2013 - Adding City Code Section 5.46 Relating to Therapeutic Massage - 01/17/2013 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by adding Section 5.46 to read as follows: SECTION 5.46 THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION. Subd. 1. Findings of the Council. The Council makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: A. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public, B. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. C. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. D. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. E. Massage businesses which employ persons with no specialized and standardized training can tax City law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. F. The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare. Subd. 2. Definitions. As used in this Section, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: A. Applicant- any person making an application for a license under this Section. B. Application - a form to be completed by the applicant as his or her request for a license, furnished by the City and required as a prerequisite to the consideration of the issuance of a license. C. Accredited Institution - an educational institution holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education. D. Accredited Program - a professional massage program accredited by the International Massage and Somatic Therapies Accreditation Council (IMSTAC), the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization that evaluates program compliance with quality and competency standards through a process of periodic review and self-study. E. Clean - the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. F. Good repair - free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. G. Massage - any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. H. Massage Therapist - an individual who practices or administers massage to the public. I. Operate -to own, manage, or conduct, or to have control, charge, or custody over. J. Person(s) - any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. K. Therapeutic Massage Enterprise - a person who operates a business which employs or hires therapeutic massage therapists licensed in accordance with this Section to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer massage to the public. L. Within the City - includes physical presence as well as telephone referrals such as phone- a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services from within the City. Subd. 3. License Required. A. Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in, or carry on, within the City, massage services for the public for consideration without first having obtained a license from the City pursuant to this Section. B. Massage Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City without first having obtained a license from the City pursuant to this Section. Subd. 4. License Applications A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application shall, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. C. Application and Investigation Fees. Upon submission of the application, applicants for therapeutic massage enterprises and therapist licenses shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. All application and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees, may, from time to time, be amended by the Council. D. Term of License. Massage therapist licenses issued under this Section shall expire on the one-year anniversary of issuance of the license. Therapeutic massage enterprise licenses shall expire on December 31 of each year. E. Renewal of License. Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. The City may deny renewal of a license on the same grounds for suspension or revocation of a license. The City shall notify the licensee in writing if the license will not be renewed. The notice shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal in accordance with Subdivision 10 (B) (2) of this Section. The request for appeal must be submitted to the City within fourteen (14) days of the date of the City's notice of non-renewal. Subd 5. Application Requirements A. Filing. An application for a therapeutic massage enterprise or therapist license under this Section must be filed with the Police Department. B. Insurance Requirements. 1. Each applicant for a therapeutic massage enterprise license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the therapeutic massage enterprise. The policy of insurance shall be in limits of not less than $1,000,000.00. 2. Each applicant for a massage therapist license shall file with the City a current certificate of insurance providing coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. 3. Failure to keep in full force and effect the insurance required by this Section is grounds for revocation of the license. C. Investigation and Consideration. The City is empowered to conduct any and all investigations to verify the information on applications submitted under this Section, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. A denial of an application shall be communicated to the applicant in writing. An applicant may appeal a denial within fourteen (14) days of the date of the denial by submitting a request in writing to the City. The appeal shall be conducted in accordance with Subdivision 10 (B) (2) of this Section. Upon approval of an application, the City Clerk shall issue and deliver a license certificate to the applicant at the address noted in the application. D. Manager or Agent. If the applicant is a partnership, corporation or other organization, the application shall include the name of the person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes. A licensee shall promptly notify the City in writing of any such change indicating the name and address of the new manager or agent and the effective date of such change. E. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued Subd. 6. Standards. A. Therapeutic Massage Enterprise License. I No therapeutic massage enterprise license shall be issued to a person who: (a) Is not eighteen (18) years of age or older at the time the application is submitted to the City; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; (c) Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; (d) Is not of good moral character or repute; (e) Is not the real party in interest of the enterprise; (f) Has knowingly misrepresented or falsified information on the license application; or (g) Does not meet the definition of therapeutic massage enterprise in Subdivision 2 of this Section. 2. No therapeutic massage enterprise shall be licensed if (a) Such enterprise is located on property on which taxes, assessments, or other financial claims to the State, County, School District, or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, Sections 278.01 - 278.13, questioning the amount or validity of taxes, the Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. (b) The location of such enterprise is not in conformance with the land use regulations of the City Code unless such enterprise is a legal, nonconforming use, B. Massage Therapist License. No massage therapist license shall be issued to a person who: 1. Is not eighteen (18) years of age or older at the time the application is submitted to the City; 2. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; 3. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; 4. Is not of good moral character or repute; 5. Has knowingly misrepresented or falsified information on the license application; 6. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City; 7. Does not provide to the City proof of current insurance coverage of one million dollars($1,000,000) for personal liability in the practice of massage; 8. Does not provide to the City proof that he or she has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (two) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. Subd. 7. Exemptions. A therapeutic massage enterprise or therapist license is not required for the following persons and places: A. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. B. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck. C. Places licensed by the state of Minnesota as a "Salon" defined by Minnesota State Statute 155A.29, D. Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. E. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings. F. Athletic trainers, certified by the National Association of Athletic Trainers (NAAT), when working with an amateur, semiprofessional or professional athlete or athletic team. G. Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution shall have at least one hundred fifty (150) hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution and shall be identified to the public as a student of massage therapy. H. Persons providing "chair massage" are not required to obtain a therapeutic massage enterprise license if the following requirements are met: 1. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; 2. The location does not hold a license to sell alcoholic beverages; 3. Each recipient of a massage remains in an upright position, either sitting or standing; and 4. Each recipient of a massage remains in the normal, daytime attire worn when entering the business and does not remove any clothing except outerwear such as a coat or jacket. Subd 8. General Provisions Regarding Licenses. A. Posting. A therapeutic massage enterprise license issued shall be posted in a conspicuous place on the premises for which it is used. A person licensed as a massage therapist shall have readily available a current license issued by the City at all times therapeutic massage services are rendered. B. Premises Licensed. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the City. A massage therapist license shall entitle the licensed therapist to perform on-site massage at a business, public gathering, private home, or other site not on the therapeutic massage enterprise premises, excluding hotel or motel guest rooms. C. Employment of Unlicensed Massage Therapists Prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a therapeutic massage therapist under this Section, unless the person is specifically exempted from obtaining a therapist license pursuant to Subdivision 7 of this Section. D. Affiliation With Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise licensed by the City, unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in Subdivision 7 of this Section. E. Hours of Operation. No customers or patrons may be allowed to enter the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No customers or patrons may be allowed to remain on the licensed premises after 10:00p.m. and before 7:00a.m. daily. No massage therapist shall perform massage services after 10:00 p.m. and before 7:00 a.m. daily. F. Premises Subject to Inspection. During any hours in which any person is present on the licensed premises, the premises licensed under this Section shall be open to inspection by any duly authorized representative of the City to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection and without a search warrant. Upon demand by a health, building or license inspector or police officer, a person engaged in providing services in a premises licensed under this Section shall identify himself/herself giving his/her true legal name and his/her correct address. G. Conduct on Licensed Premises. Except as herein provided, every licensee under this Section shall comply with the following: I Coverage of Genitals During Massage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing. 2. Therapist Clothing Requirements. Any massage therapist performing massage shall at all times have his or her breasts, buttocks, anus, and genitals covered with a non-transparent material or clothing. 3. Effect of License Suspension or Revocation. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. 4. Massage of Certain Body Parts Prohibited. At no time shall the massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person. H. Condition and Maintenance of Premises. 1. Cleanliness. Floors, walls, other structures, and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business shall be kept clean and in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six(6) inches off the floor in areas protected from contamination. Sanitary towels, wash cloths, cleaning agents and toilet tissue shall be made available for each customer. 2. Restrooms. Restrooms used in connection with the therapeutic massage enterprise shall be provided with mechanical ventilation with two (2) cftn per square foot of floor area, a minimum of twenty (20) foot candles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, single-use paper towels or other approved drying device and a soap dispenser. 3. Storage. Licensed premises shall have a janitor's closet for the storage of cleaning supplies. This closet shall have mechanical ventilation with two (2) cfin per square foot of floor area and a minimum of twenty (20) foot candles of illumination. The closet shall include a mop sink. For licensee's operating a therapeutic massage enterprise as a home occupation, in lieu of a janitor's closet, all cleaning supplies shall be stored separate away from the bathroom and massage room and away from other equipment and supplies used in conjunction with the business. 4. Lockers. Individual lockers shall be made available for use by patrons. The lockers shall have separate keys for locking. Instead of individual lockers, therapeutic massage enterprises may provide secure areas designated for storage of personal items belonging to employees and patrons while on the premises. 5. Hand Washing Required. A separate hand-sink shall be easily accessible and used by a massage therapist before administering massage on each patron and when hands are soiled. 6. Linens. The furniture upon which the patron reclines while receiving a massage shall either be covered with clean linen or be washed after each use with a cleaning agent sufficient to prevent the spread of disease. Linens and towels shall be changed after each use and laundered by a commercial cleaning establishment or in approved laundry facilities on the premises. For licensee's operating a therapeutic massage enterprise as a home occupation, linens and towels shall be washed separate from personal articles. Single-use linens shall be discarded after each use. I. Transfer. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. J. Home Occupation. Whenever a therapeutic massage enterprise is operated in a residential area as a home occupation, the person(s) conducting the business shall adhere to all aspects of City Code Chapter 11 relating to home occupations. Subd. 9. Issuance of Temporary Massage Therapist License A. License Conditions. The City may issue a temporary massage therapist license to the following individuals who can demonstrate to the City that he or she: 1. Has current insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of massage; and 2. Has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. B. Duration and Limit of License. A temporary massage therapist license shall be effective for a maximum of four (4) days, and a therapist shall not be issued more than three (3) temporary licenses during a twelve-month period. C. License Application and Fee. A temporary massage therapist license may be issued only upon receipt of the fee for the license, and a complete license application, which shall be submitted at least thirty (30) days prior to requested effective date of the temporary license. D. Persons Ineligible for License. No temporary massage therapist license shall be issued to a person who is otherwise ineligible pursuant to Subdivision 6 (B) of this Section. E. Investigation and Consideration. Investigation and consideration of a temporary massage therapist license and appeal of a denial of a temporary massage therapist license shall be conducted in accordance with Subdivision 5 (C) of this Section. Subd. 10. Revocation or Suspension. A. Suspension or Revocation. The City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: I. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the therapeutic massage enterprise; 3. Failure to comply with city ordinances or state law; 4. Conviction of the owner, manager, lessee, or an employee of the therapeutic massage enterprise of a violation of any ordinance or state statute, arising on the licensed premises; 5. Acts demonstrating or involving moral turpitude; 6. Conviction of the owner, manager, lessee or an employee of the therapeutic massage enterprise of prostitution or other offense involving moral turpitude; 7. Conducting the therapeutic massage enterprise in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community; or 8. Habitual drunkenness or intemperance or the use of drugs including, but not limited to the use of drugs defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, stimulants or tranquilizers on the licensed premises. B. Notice and Appeal. 1. Upon a finding that a licensee has violated the requirements of this Section, the City may issue a notice of suspension or revocation to the licensee setting forth the violation(s). The notice shall further inform the licensee of the licensee's right to request a hearing within fourteen (14) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within fourteen (14) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until the licensee's time to request a hearing expires. 2. If the licensee requests a hearing, the hearing shall be held by an impartial Hearing Officer who shall be appointed by the City Manager. Upon conclusion of the hearing, the Hearing Officer shall, within ten (10) days, make his or her decision which reverses or affirms the suspension or revocation at issue and shall notify the licensee of his or her decision in writing ("Notice of Hearing Officer's Notice of Decision"). If the Hearing Officer's decision is to affirm the suspension or revocation, he or she shall include in the Hearing Officer's Notice of Decision his or her findings and conclusions supporting the decision. Any appeal of the Hearing Officer's decision shall be filed in Hennepin County District Court. Subd. 11. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of Section is guilty of a misdemeanor. Section 2. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 8'h day of January, 2013 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of January, 2013, KAfeen'Porta, City Clerk N*nc ra-LXm's,May Dr PUBLISHED in the Eden Prairie News on January 17, 2013. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 4-2013. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance adds City Code Section 5.46 which establishes business regulations for Therapeutic Massage Enterprises and Therapists within the City.This Ordinance incorporates,by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kat een Porta, City Clerk Na cy I PUBLISHED in the Eden Prairie News on January 17, 2013. Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA State of Minnesota SUMMARY OF ORDINANCE NO.4-2013 )SS. AN ORDINANCE OF THE CITY County of Hennepin 11 OF EDEN PRAIRIE,MINNESOTA, AMENDING CITY CODE CHAP- TER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the THERAPISTS REGULATION;AND publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts ADOPTING BY REFERENCE CITY herein stated as follows: CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY (A) This newspaper has complied with the requirements constituting qualification as a legal PROVISIONS. newspaper,as provided by Minnesota Statute 331 A.02,331 A,07,and other applicable laws,as The following is only a sum-, amended. wary of Ordinance No. 44013. The fall text is available for public (B)The printed public notice that is attached to this Affidavit and identified as No. 3 V-7 1 inspection by any person during was published on the date or dates and in the newspaper stated in the attached Notice andsaid regular office hours at the Office of Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of the City Clerk. SUMMARY. The Ordinance the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both adds City Code Section 5.46 which inclusive,and is hereby acknowledged as being the kind and size of type used in the composition establishes business regulations for and publication of the Notice: Therapeutic Massage Enterprises and Therapists within the City.This abedefghijklmnopqrstuvwxyz Ordinance incorporates,by refer- ence,City Code Chapter 1 and City Code Section 5.99,which contain provisions relating to penalties, EFFECTIVE DATE: This Or- Laurie A.Hartmann dinance shall take effect upon publication. Nancy Tyra-Lukens,Mayor ATTEST- Kathleen Ports,City Subscribed and sworn before me on Clerk (A full copy of the text of this Ordinance is available from City Clerk.) this f 41114_-'�"2013 (Published in the Eden Prairie L_aay o News on Thursday, January 17, 2013;No. 471) JYM ME JEANNE7 E WK NOWY OLBUC-M',NNESOTA Wy COMM68ON EMKS 01/31/'8 Nrjubkc RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter............................­­$31.20 per column inch Rate actually charged for the above matter.......__...................__.­­....$12.59 per column inch