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(A) Except as may otherwise be permitted in this subchapter, no structure shall be erected, converted, enlarged, reconstructed nor altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this subchapter.
(B) No adult oriented business shall engage in any activity or conduct, or permit any other person to engage in any activity or conduct, in or about an establishment which is prohibited by an ordinance of the city, the laws of this state or the United States of America. Nothing in this subchapter shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified material to minors.
(Ord. 42, 2nd Ser., passed 9-3-2002)
(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)
(A) Access. An applicant or licensee shall permit health officials, representatives of the Police Department, Fire Department and Building Inspection Division to inspect the premises of an adult oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business, in accordance with § 10.20.
(B) Refusal to permit inspections. A person who operates an adult oriented business or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, Fire Department and Building Inspection Division at any time it is occupied or open for business. Refusal to permit inspections may result in the suspension, revocation or nonrenewal of the license as provided in § 153.113.
(C) Exceptions. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Ord. 42, 2nd Ser., passed 9-3-2002)
The city shall permit adult oriented establishments to be located only in the I-1 Industrial Park and subject to the following conditions.
(A) No adult oriented establishment shall be located closer than 300 feet from any other adult use principal or sexually oriented business in the city. Measurements shall be made in a straight horizontal line, without regard to city or county boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult use or sexually oriented business to the nearest point of the actual business premises of any other adult use or sexually oriented business.
(B) No adult oriented establishment shall be located closer than 500 feet from any residential lot line, place of worship, school, public park, licensed family daycare home, public library or licensed child care or daycare center in the city or county. Measurements shall be made in a straight horizontal line, without regard to city or county boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult use or sexually oriented business to the nearest property line of the premises or building used as a dwelling or residence, place of worship, school, public park, licensed family daycare home, licensed group family daycare home, public library or licensed child care or daycare center.
(C) No adult oriented establishments shall be located closer than 500 feet from any residential lot line, any residential zoning district or any residential planned unit development (PUD). Measurements shall be a straight horizontal line, without regard to city or county boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult oriented establishment to the nearest property line of the premises or building used as a dwelling residence, residential zoning district or PUD.
(D) No adult oriented establishments shall be located closer than 500 feet from any state or federal trunk highway or any major city thoroughfare.
(E) The city prohibits any building owner or operator from having more than one of the following uses, tenants or activities in the same building structure:
(1) Adult body painting studio;
(2) Adult book store;
(3) Adult cabaret;
(4) Adult car wash;
(5) Adult companionship establishment;
(6) Adult entertainment facility;
(7) Adult hotel or motel;
(8) Adult modeling studio;
(9) Adult sauna/steam room/bathhouse;
(10) Adult motion picture theater;
(11) Adult mini-motion picture theater;
(12) Adult massage parlor;
(13) Adult health, sports club;
(14) Adult novelty business; or
(15) Any business or establishment in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas that the public can see.
(F) An adult oriented establishment shall not sell or dispense non-intoxicating or intoxicating liquors, nor shall it be located within 500 feet of a building that contains a business that sells or dispenses 3.2% malt liquor beverage or intoxicating liquors. An adult use oriented establishment shall not allow the consumption of non-intoxicating or intoxicating liquors anywhere on a parcel containing that use or business.
(G) No adult use oriented establishment’s entertainment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment that is prohibited by any ordinance of the city, the laws of this state or the United States of America. Nothing in this subchapter shall be construed as authorizing or permitting conduct that is prohibited or regulated by other statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.
(H) No adult use oriented establishment shall be conducted in any manner that permits the perception or observation from any property not approved as an adult use of any materials depicting, describing or relating to specified sexual activities or specified anatomical areas by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means.
(I) All adult use oriented establishments shall prominently display a sign at the entrance and located within two feet of the door opening device of the adult use establishment or section of the establishment devoted to adult books or materials which states: “This business sells or displays material containing adult themes. Persons under 18 years of age shall not enter.”
(J) No adult oriented establishments (principal) shall be open to the public between the hours of 10:00 p.m and 10:00 a.m. on the days of Monday through Saturday. No adult oriented establishments (principal) shall be open to the public on Sunday.
(K) Adult use accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(L) An adult oriented establishment shall prevent off-site viewing of its merchandise, which if viewed by a minor would be in violation of M.S. Chapter 617, as it may be amended from time to time, or other applicable federal or state statutes or local ordinances.
(M) All entrances to the establishment, with the exception of the emergency fire exits which are not useable by patrons to enter the business, shall be visible from a public right-of-way.
(N) The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing, including but not limited to books, magazines, photographs, video tapes or any other material.
(O) Illumination of the premises’ exterior shall be adequate to observe the location and activities of all persons on the exterior premises.
(Ord. 42, 2nd Ser., passed 9-3-2002)
(A) Expiration. Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in § 153.113. Applications for renewal must be made at least 60 days before the expiration date.
(B) Suspension, revocation or non-renewal. The city may revoke, suspend or not renew a license upon recommendation of the City Police Chief that shows that the licensee, its owners, managers, operator, employees, agents or any other interested parties have engaged in any of the following conduct:
(1) Licensee or employees has or have knowingly allowed possession, use or sale of alcohol or controlled substances on the premises;
(2) Fraud, deception or misrepresentation about securing the license;
(3) Knowingly permitted gambling by any person on the adult oriented establishment premises;
(4) Knowingly operated the adult oriented establishment during a period of time when the licensee’s license was suspended;
(5) Demonstrated inability to operate or manage an adult oriented establishment in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers;
(6) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises;
(7) Refused to allow an inspection of the adult oriented establishment premises as authorized by this chapter; or
(8) Conviction of a felony or any offense involving moral turpitude.
(C) Notice. A suspension, revocation or nonrenewal by the city shall be preceded by written notice to the licensee and a public hearing before the City Council. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof.
(D) Decision. At the conclusion of the hearing the City Council may order that:
(1) The revocation, suspension or nonrenewal be affirmed; or
(2) The revocation, suspension or nonrenewal be lifted, and that the license be returned to the certificate holder.
(E) Appeals. After denial of an application, or denial of renewal of an application or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of the administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
(Ord. 42, 2nd Ser., passed 9-3-2002)
(A) The following sign regulations shall apply to all adult oriented establishments in the city. These regulations are to protect children from exposure to sexually oriented or shocking signs and materials and to preserve the value of property near adult oriented establishments. These regulations are aside from any other provisions of the city’s regulations.
(B) (1) All signs shall be flat, wall-mounted signs. No signs shall be freestanding, located on the roof, or contain any flashing lights, moving elements or electronically or mechanically changing messages. No signs shall contain any message or image which identifies specified sexually activities or specified anatomical areas as defined herein.
(2) The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, not to exceed 50 square feet.
(3) No merchandise, photos or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building or structure in which the adult use or sexually oriented business is located.
(4) No signs shall be placed in any window. A two-foot square sign may be placed on the door to state hours of operation and admittance to adults only.
(Ord. 42, 2nd Ser., passed 9-3-2002)
Cross-reference:
Signs generally, see Chapter 150
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