Sec. 427.05. - Construction, maintenance and staff requirements.
The following requirements apply to the construction, maintenance, and staffing of the licensed premises:
(1) All sauna rooms, restrooms, and bathrooms used in connection with the licensed premises must be constructed of materials which are impervious to moisture, bacteria, mold, or fungus growth. The floor-to-wall and wall-to-wall joints must be constructed to provide a sanitary cove with a minimum radius of one (1) inch.
a. Infrared heated sauna fitness studios are exempt from this requirement though they must have business practices and maintenance standards which inhibit bacteria, mold, or fungus growth.
(2) All restrooms used in connection with the licensed premises must be provided with mechanical ventilation with two (2) cubic feet per minute per square foot of floor area, a minimum of fifteen (15) footcandles of illumination, a handwashing sink equipped with hot and cold running water under pressure, sanitary towels, and a soap dispenser.
(3) Each establishment must have a janitor's closet which will be provided for the storage of cleaning supplies. Such closet must have mechanical ventilation with two (2) cubic feet per minute per square foot of floor area and a minimum of ten (10) footcandles of illumination. Such closet must include a mop sink.
(4) Floors, walls, and equipment in sauna rooms, Infrared heated sauna fitness studios, restrooms, and in bathrooms used in connection with the establishment must be kept sanitary and in a state of good repair at all times. Linens and other materials must be stored at least six (6) inches off the floor. Sanitary towels, wash cloths, cleaning agents, and toilet tissue must be made available for each customer.
(5) Individual lockers must be made available for use by patrons. Such lockers must have separate keys for locking.
(6) Doors on massage rooms must not be locked during the giving of massage. All massage rooms must be clearly marked by signs.
(7) All massage tables, bathtubs, shower stalls, bath areas, and floors must have surfaces which can be readily disinfected.
(8) Separate bathing, dressing, locker, toilet, and massage room facilities must be provided for female and male patrons.
(9) The premises must have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials must be disinfected after use on each patron.
(10) All exercise equipment must be kept in safe working order. Any equipment found to be in an unsafe condition must be removed immediately from service by physically removing it or by placing an "Out of Order" sign on it to prevent use.
(11) No exercise equipment may be used unless there is assigned at all times an employee on duty which is trained to give advice on the safe use and operation of said equipment. The staff member on duty must be on the premises.
(12) At least one (1) employee or manager, trained and qualified in first aid, cardiopulmonary resuscitation (CPR), and use of an AED according to standards established by rule by the department of safety and inspections must be on duty at all times that the licensed premises are in operation or open to members of the public. Such standards must conform with standards and guidelines established by the American Red Cross with respect to water safety instructors or by the American Heart Association for similar purposes. The staff member on duty must be on the premises.
(13) Exception to on duty staffing rule. An exercise only facility may operate without a staff member on the premises as required by paragraph (11) and (12) above under the following conditions:
a. The exercise only facility must be on the ground level of a commercial or traditional neighborhood zoned building or on the skyway level with skyway access. The space within the building must be at least five hundred (500) square feet with at least seventy-five (75) square feet of external windows or windows facing the skyway that allow passersby, licensing officials, and police to see clearly into the building and allow members to easily see outside the facility. The requirements of this paragraph do not apply to exercise only facilities located in the Downtown Business District, as defined in section 409.02.
b. The facility must have at least ten (10) cardiovascular exercise machines, including, but not limited to, treadmills, elliptical trainers, and stationary bicycles; and at least ten (10) strength training machines. If the exercise only facility is located within a mixed-use building, the facility must install mats or other sound reducing flooring in free weight areas.
c. All members of the exercise only facility must be advised and sign an acknowledgement that they have been advised that a staff member is not always present during hours of operation. These acknowledgements must be retained by the exercise only facility and available to the department of safety and inspections upon request.
d. The exercise only facility must maintain and operate an access monitoring system that records the name, date, and time that members enter the facility. This record must be made regardless of whether the facility is staffed. This record must be maintained for a period of at least ninety (90) days and made available to the department of safety and inspections or the city police department upon request.
e. The exercise only facility must provide at least one (1) automatic electronic defibrillator (AED) on the premises. In addition, the facility must offer certification in CPR, first aid, and use of the AED free of charge to members of the facility at least three (3) times per year.
f. Exercise only facilities must have personal security devices capable of being worn around a member's neck that are connected to a security company twenty-four (24) hours a day and that will result in immediate notification of police and/or other emergency services. That security company must have access to video surveillance from the club so the police can be notified of what caused the alarm and are better able to send appropriate help. Exercise only facilities must post notification to members in a conspicuous location near the door to the facility and within view of the fitness equipment that all members of the facility who are alone in the facility must wear a personal security device at all times.
g. The exercise only facility must have a working video surveillance system to provide documentation of all activities on the interior of the facility (excluding locker rooms, rest rooms, and tanning facilities) and the exterior of the facility, including the parking lot within fifty (50) feet of the entrance to the facility or the skyway as far as possible up to fifty (50) feet of the entrance. If city police determine a preferred placement for cameras, licensee must position cameras as directed by city police. Recordings must be retained for ninety (90) days and made available to the city police department or the department of safety and inspections immediately upon request. In addition, the city police department and department of safety and inspections must be provided electronic access to the surveillance system in order to monitor actions on the premises in live time.
h. All external or skyway doors to the fitness only facility must be equipped with tailgating alarms. All tailgating alarms must be reported to the department of safety and inspections along with the time and circumstances of the alarm.
i. All internal doors must be equipped with a working video surveillance system which documents and records any person(s) entering and leaving all internal doors to the fitness only facility, including, but not limited to, restrooms, shower rooms, and tanning facilities. Any instances in which more than one person enters a room within the facility not monitored by internal surveillance cameras must be reported to the department of safety and inspections along with the time and circumstances of the incident.
j. The exercise only facility will contain only the following rooms:
1. One (1) large room containing all fitness equipment.
2. At least one (1) locker room/restroom for female patrons and at least one (1) locker room/restroom for male patrons.
3. No more than one (1) group fitness room in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or obstruction to the view of the room in any way. The group fitness room must be sufficiently lit to allow an average person to see facial and other recognizable features on video surveillance recordings anytime a person is inside the room.
4. No more than one (1) office area in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or other glass treatment that obstructs the view of the office in any way. The door to the office must be locked at all times unless an employee is inside the office. Any time any person is inside the office, the lights to the office must be on.
5. No more than two (2) rooms containing tanning equipment as defined by section 380.03 of the Saint Paul Legislative Code. The tanning rooms must be locked at all times unless a staff member is present inside the facility and performing the duties required by Minn. Stats. § 325H. Members of the exercise only facility may not have access to tanning equipment or rooms containing tanning equipment unless a staff member is present.
6. A janitor's closet as required under (3) of this section. Janitor's closets in exercise only facilities must be locked at all times unless an employee or person hired by the exercise only facility is performing janitorial services. Members of the exercise only facility may not have access to the janitor's closet at any time for any reason.
k. The exercise only facility must notify the department of safety and inspections of the designated staff hours for each club. Staffed hours must be conspicuously posted on the entrance to the health club.
l. The exercise only facility may not allow members to bring guests into the facility during hours that the facility is not staffed. During all non-staffed hours, every person entering the facility is required to individually unlock the entry doors in order for the monitoring system to record that member's entry.
(14) Exception to on duty staffing rule—Infrared heated sauna fitness studio. An infrared heated sauna fitness studio may operate without a staff member on the premises as required by paragraph (11) and (12) above under the following conditions:
a. The exercise only facility must be on the ground level of a commercial or traditional neighborhood zoned building or on the skyway level with skyway access. The space within the building must be at least five hundred (500) square feet with at least seventy-five (75) square feet of external transparent window glazing or windows facing the skyway.
b. The facility must have at least ten (10) cardiovascular exercise machines, including, but not limited to, treadmills, elliptical trainers, and stationary bicycles; and at least ten (10) strength training equipment. If the exercise only facility is located within a mixed-use building, the facility must install mats or other sound reducing flooring in free weight areas.
c. All members of the exercise only facility must show a government photo identification, attest to a health self-assessment provided by an employee, be advised, and sign an acknowledgement before given access during unstaffed hours. These acknowledgements must be retained by the exercise only facility and available to the department of safety and inspections upon request.
d. The exercise only facility must maintain and operate an access monitoring system that records the name, date, and time that members enter the facility. This record must be made regardless of whether the facility is staffed. This record must be maintained for a period of at least ninety (90) days and made available to the department of safety and inspections or the city police department upon request.
e. The exercise only facility must provide at least one (1) automatic electronic defibrillator (AED) on the premises. In addition, the facility must offer certification in CPR, first aid, and use of the AED free of charge to members of the facility at least three (3) times per year.
f. Exercise only facilities must have personal security devices, capable of being worn by a member, which are connected to a security company twenty-four (24) hours a day and that will result in immediate notification of police and/or other emergency services. That security company or license holder must have access to video surveillance from the club so the police can be notified of what caused the alarm and are better able to send appropriate help. Exercise only facilities must post notification to members in a conspicuous location near the door to the facility and within view of the fitness equipment that all members of the facility who are alone in the facility must wear a personal security device at all times.
g. The exercise only facility must have a working video surveillance system to provide documentation of all activities on the interior of the facility (excluding locker rooms, rest rooms, and tanning facilities) and the exterior of the facility, including the parking lot within fifty (50) feet of the entrance to the facility or the skyway as far as possible up to fifty (50) feet of the entrance. If city police determine a preferred placement for cameras, licensee must position cameras as directed by city police. Recordings must be retained for ninety (90) days and made available to the city police department or the department of safety and inspections immediately upon request. In addition, the city police department and department of safety and inspections must be provided electronic access to the surveillance system in order to monitor actions on the premises in live time.
h. A working video surveillance system must document and record any person(s) entering and leaving all interior doors within the licensed premises, which are accessible to members. Video surveillance must cover all common areas accessible to members and must, include, but not be limited to, all common areas directly adjacent to infrared heated sauna fitness studios, restrooms, shower rooms, and tanning facilities. Video surveillance is not required inside any staff-only rooms and must not be inside restrooms, shower rooms or tanning rooms. Any instances in which more than one person enters a room within the facility not monitored by internal surveillance cameras must be reported to the department of safety and inspections along with the time and circumstances of the incident.
i. The licensed premises will contain only the following rooms:
1. One (1) large room containing fitness equipment.
2. Infrared heated sauna fitness studios with at least 40% transparent glazing facing the street or an internal common area.
3. At least one (1) locker room/restroom for female patrons and at least one (1) locker room/restroom for male patrons.
4. No more than one (1) group fitness room in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or obstruction to the view of the room in any way. The group fitness room must be sufficiently lit to allow an average person to see facial and other recognizable features on video surveillance recordings anytime a person is inside the room.
5. No more than one (1) office area in which all interior walls are made up of at least fifty (50) percent clear glass and a door made up of at least ninety (90) percent glass with no window treatment or other glass treatment that obstructs the view of the office in any way. The door to the office must be locked at all times unless an employee is inside the office. Any time any person is inside the office, the lights to the office must be on.
6. No more than two (2) rooms containing tanning equipment as defined by section 380.03 of the Saint Paul Legislative Code. The tanning rooms must be locked at all times unless a staff member is present inside the facility and performing the duties required by Minn. Stats. § 325H.
7. A janitor's closet as required under (3) of this section. Janitor's closets in exercise only facilities must be locked at all times unless an employee or person hired by the exercise only facility is performing janitorial services. Members of the exercise only facility may not have access to the janitor's closet at any time for any reason.
j. The exercise only facility must notify the department of safety and inspections of the designated staff hours for each club. Staffed hours must be conspicuously posted on the entrance to the health club.
k. Prohibited activities during unstaffed hours.
1. Members of the exercise only facility may not have access to tanning equipment or rooms containing tanning equipment unless a staff member is present.
2. The exercise only facility may not allow members to bring guests into the facility during hours that the facility is not staffed. During all non-staffed hours, every person entering the facility is required to individually unlock the entry doors in order for the monitoring system to record that member's entry.
l. The exercise only facility shall enforce their member conduct policy for any member known to be in violation of one of the above requirements, including but not limited to suspension of unstaffed access. The member conduct policy shall be submitted to the department of safety and inspections upon application and upon license renewal.
m. During unstaffed hours, an infrared heated sauna fitness studio must cycle off after ninety (90) minutes and the occupant must be able to manually reduce the temperature of an individual infrared heated sauna fitness studio.
n. Members with access to unstaffed hours must be age eighteen (18) or older.
o. A phone number to reach the license holder must be posted in member areas. This phone number must route to an entity which is capable of responding to non-emergency issues at the licensed premises at all hours.
p. At the beginning of each business day, every infrared heated sauna fitness studio must receive an operational safety check including the functionality of the heater, temperature controls, and access door.
(Ord. No. 17624, § 1, 1-17-89; C.F. No. 92-1269, § 1, 9-15-92; C.F. No. 07-149, § 193, 3-28-07; C.F. No. 08-1012, § 3, 10-22-08; C.F. No. 10-492, § 1, 6-9-10; Ord 13-16, § 1, 4-10-13; Ord 15-75, § 1, 12-9-15; Ord 25-24, § 9, 3-26-25)
