For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES. Adult body painting studios, adult book stores, adult cabaret, adult car wash, adult hotels or adult motels, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health, sport clubs, adult sauna/steam room/bathhouses, adult companionship establishments, adult rap/conversation parlors, adult novelty businesses, adult motion picture arcade, adult modeling studios and other premises, enterprises or establishments, businesses, or places open to some or all members of the public at or in which there is an emphasis on the presentation or display, depiction or description of specified sexual activities or specified anatomical areas which the public could see. This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry by state licensed or registered persons. Activities defined as obscene by M.S. § 617.241, as it may be amended from time to time, are not lawful and are not included in the definitions of ADULT USES.
ADULT USES (ACCESSORY). The offering of goods and/or services classified as adult uses on a limited scale that are incidental to the primary activity and goods and/or services offered by the establishment. Examples of these items include adult magazines, adult movies, adult novelties, and the like. Accessory uses that use less than 200 square feet or 10% of the total floor area (square footage), whichever is less, are exempted from obtaining a license under this subchapter.
ADULT USES (PRINCIPAL). The offering of goods and/or services classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the following:
(1) ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint or other substance, whether transparent or non-transparent to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
(2) ADULT BOOK STORE. An establishment, building or business engaging in the barter, rental or sale of items or merchandise consisting of printed matter, pictures, slides, records, audio tapes, video tapes, computer or video disks, motion picture film or any other similar materials, if the shop is not open to the public generally but only to one or more classes of the public, excluding any minor because of age, if more than 200 square feet or 10% of the usable floor area of the establishment, building or business, whichever is less, has products or materials distinguished or characterized by an emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas.
(3) ADULT CABARET. An establishment, building or business that provides dancing or other live entertainment if the establishment excludes minors by virtue of age and if the dancing or live entertainment is distinguished or characterized by an emphasis on the performance or presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agent, independent contractors or person to appear in a state of partial or total nudity in terms of specified anatomical areas.
(5) ADULT COMPANIONSHIP ESTABLISHMENTS. An establishment or business, if the establishment excludes minors because of age, which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) ADULT ENTERTAINMENT FACILITY. A building or space in which an admission is charged for the entrance, or food or non-alcoholic beverages are sold or intended for consumption, and in which may be observed live presentations of entertainment distinguished by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
(7) ADULT ESTABLISHMENT.
(a) An establishment, building or business engaged in any of the following activities or which uses any of the following procedures or practices, either:
1. Any business conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage either by law or by the operators of the business; or
2. Any other business that offers its patrons services, products or entertainment characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
(b) Specifically included in the term but without limitation are adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health clubs, adult saunas, adult companionship establishments, adult cabarets, adult car washes, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels and adult body painting studios.
(8) ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and in which material is presented that is distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
(9) ADULT MASSAGE PARLOR, HEALTH/SPORT CLUB. A massage parlor or health/sport club that restricts minors because of age or law, which provides the services of massage if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(10) ADULT MINI-MOTION PICTURE THEATER. A business, building or establishment in an enclosed building with a capacity for less than 50 persons used for the presenting of visual media material if the business as a prevailing practice excludes minors by virtue of age or law, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas by patrons.
(11) ADULT MODELING STUDIO. An establishment or business whose major business is the provision to customers of figure models who are provided with the intent of providing sexual stimulation or sexual gratification to customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by the customers.
(12) ADULT MOTION PICTURE ARCADE. Any building or place to which the public is allowed or invited in which coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, computers or other production devices show images to five or fewer persons per machine at once, and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(13) ADULT MOTION PICTURE THEATER. A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(14) ADULT NOVELTY BUSINESS. A business that has as a principal activity the sale of materials or devices that stimulate human genitals or devices designed for sexual stimulation or which depict or relate to specified sexual activities or specified anatomical areas.
(15) ADULT SAUNA/STEAM ROOM/BATHHOUSE. A business that excludes minors because of age, and which provides a steam bath or heat bathing room used for bathing, pleasure, relaxation or reducing, and which utilizes steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna/steam room/bathhouse is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
LICENSED FAMILY DAYCARE, LICENSED GROUP FAMILY DAYCARE, LICENSED CHILD CARE CENTER. A facility holding a license from this county or this state pursuant to M.S. Chapter 245A, as it may be amended from time to time, and/or Minn. Rules, Chapter 9502 or Chapter 9503, as amended.
MINOR. Any person under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area with less than fully opaque covering; the showing of the female breast with less than fully opaque covering of any portion thereof below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state.
PLACE OF WORSHIP. A building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.
PUBLIC LIBRARY. Any library that provides free access to all residents of the city or county without discrimination and is organized under M.S. Chapter 134, as it may be amended from time to time.
PUBLIC PARK. A park, reservation, playground, beach or recreation or community center in the city owned, leased or used wholly or in part of a city, county, state, school district or federal government for recreational purposes.
SCHOOL. A building or space that is principally used as a place where 25 or more persons receive a full course of educational instruction. Any post-secondary or post-high school educational building, including any college or any vocational-technical college, shall not be deemed a SCHOOL for purposes of this subchapter.
SEXUALLY ORIENTED BUSINESS. Any adult body painting studios, adult book stores, adult cabaret, adult car wash, adult hotels or adult motels, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health/sport clubs, adult sauna/steam room/bathhouses, adult companionship establishments, adult rap/conversation parlors, adult novelty businesses, adult motion picture arcades, adult modeling studios and other premises, enterprises or establishments, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation or display, depiction or description of specified sexual activities or specified anatomical areas which the public could see. This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry by state licensed or registered persons. Activities defined as obscene by M.S. § 617.241, as it may be amended from time to time, are not lawful and are not included in the definitions of adult uses.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covering human genitals, pubic region or pubic hair, buttock, anus or female breast or breast below a point immediately above the top of the areola or any combination of the foregoing; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or fondling of unclothed genitals, pubic region, buttock or female breast, flagellation or torture in a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, sodomy, zooerasty;
(2) Human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use or acts of human or animal ejaculation, sexual intercourse, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of human genitals, pubic regions or pubic hair, buttocks, female breasts;
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of the person;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(8) Any combination of the above.
(Ord. 42, 2nd Ser., passed 9-3-2002; Ord. 63, 1st Ser., 9-17-2013)