(A) License required. No person, firm or corporation shall own or operate an adult oriented business in the city without having first secured a license as provided herein.
(B) Exemption. Access uses that use less than 200 square feet or 10% of the total floor area (square footage), whichever is less, of the establishment, space, structure or building in which it is located are exempted from obtaining a license.
(C) Applications. An application for a license shall be made on a form provided by the city. This application shall include:
(1) The name, residence, phone number and birth date of the applicant, if an individual; and if a corporation, partnership, limited liability corporation (LLC) or similar entity, the names, residences, phone numbers and birth dates of those owners holding more than 5% of issued and outstanding stock of the corporation or ownership interest in a partnership, LLC or similar entity;
(2) The names and addresses of all creditors of the applicant, owner, lessee or manager insofar as the same have furnished or extended credit for the purposes of constructing, equipping, maintaining, operating, furnishing or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of the business;
(3) The name, address, phone number and date of birth of all employees, and of the operator, manager or lessee of the operation, if different from the owner(s);
(4) A statement detailing each misdemeanor, gross misdemeanor or felony relating to a sex related offense and/or the operation of adult uses and related activities of which the manager, operator, lessee, employees and/or applicant and, for a corporation, the owners of more than 5% of the issued and outstanding stock of the corporation, or ownership interest in a partnership, LLC or similar entity, have been convicted and whether the applicant has ever applied for or held a license to operate a similar type of business in other counties or cities;
(5) The activities and type of business to be conducted;
(6) The address and legal description of the building, establishment or premises where the adult oriented business is to be located;
(7) A building plan of the premises detailing internal operations and activities, including a statement of total floor space occupied by the business;
(8) A description or building plan that details all proposed interior and exterior changes to an existing building or structure;
(9) Intended hours of operations;
(10) Provisions made to restrict access by minors;
(11) The license fee required by this subchapter must accompany the application; and
(12) Each application shall contain a provision on the application in bold print stating that any withholding of information or the providing of false or misleading information will be grounds for the denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be reported to the City Administrator/Clerk-Treasurer by the applicant or licensee. If the changes take place during the investigation, the data shall be provided to the City Administrator/Clerk-Treasurer in writing, and the City Administrator/Clerk-Treasurer shall report the changes to the City Council. Failure to report the changes by the applicants or the licensee may result in the denial or revocation of a license.
(D) License fees.
(1) The annual fee, investigative fee and late fees for an adult business license shall be established by resolution of the City Council.
(2) Each application for a license shall be accompanied by payment in full of the required application and investigation fees for the license. All fees shall be paid at the time of application.
(3) All permits/licenses shall expire on the last day of December in each year. The city shall issue each license for one year, except if part of the license year has elapsed when the application is made, the city may issue a license for the remainder of the year for a prorated fee. In computing the fee, the city shall count any unexpired fraction of a month as one month. License fees shall be considered past due as of January 1 if not paid. Late fees will be assessed on all past due license applications.
(4) No part of any annual fee, investigative fee and/or late fee paid as required by this subchapter shall be refunded.
(E) Granting of license. The city shall investigate all facts set out in the application, including a background check of the applicant or licensee, the manager, operator and each cabaret dancer. The City Council shall act to approve or disapprove the license application within 60 days from the date the application was submitted. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected.
(F) Persons ineligible for license. The city shall not grant a license to nor may one be held by any person who:
(1) Is under 21 years of age;
(2) Has been convicted of a felony or any obscenity crime as defined by M.S. §§ 617.23 through 617.299, inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith;
(3) Is not the proprietor of the establishment for which the license is issued;
(4) Has not paid the license and investigative fees required by this subchapter;
(5) Is not a citizen of the United States; or
(6) Has had an adult use or similar permit or license revoked under an ordinance or statute similar to this subchapter.
(G) Place ineligible for license.
(1) No license shall be granted for an adult oriented business on any premises where a licensee has been convicted of a violation of this subchapter, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction or revocation.
(2) Except uses lawfully existing at the time of this subchapter, no license shall be granted for any adult oriented business that does not meet all city ordinance requirements, all Building and Fire Code requirements and all provisions of state and federal law.
(H) Nonconforming uses. Any adult oriented business existing on the effective date of the adoption of this subchapter may be continued subject to the following provisions:
(1) No adult oriented business shall be expanded or enlarged except in conformity with the provisions of this subchapter; and
(2) A nonconforming adult oriented business shall be required to apply for and receive an adult oriented establishment license from the city. The city does not require a public hearing before issuing a license for the nonconforming adult oriented business.
(I) Conditions of license generally.
(1) The city shall issue the license to the applicant. The license shall not be transferred to another holder.
(2) The license shall be issued only for the premises or location described in the application. No license may be transferred to another location or place without the approval of the City Council.
(3) Every license shall be granted subject to the conditions of the following subdivisions and all other provisions of this subchapter and of any applicable city, state and federal law.
(4) The license, if granted, shall state on its face the name of the licensee, the expiration date and the address of the business. All licensed premises shall have the license posted in a conspicuous place at or near the entrance of the business so that it may be easily read at any time.
(5) No minor shall be allowed in or on the premises of an adult oriented business.
(6) Every licensee shall be responsible for the conduct of its place of business and shall maintain conditions consistent with this subchapter and all federal, state and local rules and regulation generally.
(J) Additional conditions for adult cabarets.
(1) Dancer’s license. No person shall dance at an adult cabaret without a valid dancer’s license issued by the city.
(2) Dancer’s license application and issuance.
(a) Application for dancers’ licenses shall be made to the city.
(b) An application for dancers’ licenses shall be verified and shall contain or set forth the following information:
1. The applicant’s names, home addresses (current and former), home telephone number, date of birth and aliases (past and present); and
2. The business name and address where the applicant intends to dance.
(c) Application shall be accompanied by a nonrefundable fee of $5.
(d) Within five days of receipt of an application for dancer’s license, the city shall issue the license.
(e) A dancer’s license shall entitle a dancer to dance only at the business indicated on the dancer’s license application.
(3) Dancer’s license; renewal, revocation. A dancer’s license may be renewed by following the application procedure in § 153.113.
(4) Additional conditions.
(a) No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude.
(b) No dancer, live entertainer, performer, patron or any other person shall be nude in an adult cabaret.
(c) No dancer, live entertainer or performer shall be under 18 years old.
(d) All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet from the level of the floor.
(e) No dancer or performer shall perform any dance or live entertainment closer than ten feet to any patron.
(f) No dancer or performer shall fondle or caress any patron, and no patron shall fondle or caress any dancer or performer.
(g) No patron shall pay or give any gratuity to any dancer or performer.
(h) No dancer or performer shall solicit any pay or gratuity from any patron.
(Ord. 42, 2nd Ser., passed 9-3-2002)