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)