CHAPTER 110: SEXUALLY-ORIENTED BUSINESSES
Section
   110.01   Findings and intent
   110.02   Definitions
   110.03   General provisions
   110.04   Licensing
   110.05   Fees
   110.06   Licensing procedure
   110.07   Persons ineligible for an adult use license
   110.08   Places ineligible for an adult use license
   110.09   License conditions
   110.10   Adult use-principal
   110.11   Adult use-accessory
   110.12   Adult cabaret regulations
   110.13   Nonconforming adult use-principal or accessory
   110.14   Enforcement
   110.15   Effective date
§ 110.01 FINDINGS AND INTENT.
   (A)   Minnesota Statute § 412.221, Subd. 32, as it may be amended from time to time, states: “The council shall have power to provide for the government and good order of the city, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by the ordinances not inconsistent with the constitution and laws of the United States or of this state as it shall deem expedient;” and
   (B)   The State Attorney General has prepared a report entitled Report of the Attorney General’s Working Group on Regulation of Sexually Oriented Businesses, dated 6-6-1989. The Report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. The Attorney General’s Report, based upon the referenced studies and the testimony presented to it, has concluded “that sexually oriented businesses are associated with high crime rates and depression of property values.” In addition, the Attorney General’s Working Group “...heard testimony that the character of the neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property;” and
   (C)   In City of Renton v. Playtime Theatres, Inc, 475 US 41 (1986), the United States Supreme Court found that a city may rely on the experiences of other cities to determine whether certain businesses have adverse secondary effects; and
   (D)   The City of Amboy has characteristics, including residential and public institutional uses, that are similar to the cities cited in the Report of the Attorney General’s Working Group and other studies.
   (E)   The City Council finds that, based upon the above-mentioned studies, adult entertainment uses should be regulated in order to protect the public health, safety, and welfare; to protect property values; to eliminate or reduce blight; to prevent deterioration of neighborhoods; to prevent the exodus of residents and businesses from city neighborhoods and to prevent the increase of crime and juvenile delinquency.
   (F)   The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of adult-oriented entertainment to their intended market.
(Ord. 117, passed 5-6-2002)
§ 110.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT USE-BODY PAINTING STUDIO. An establishment or business which 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.
   ADULT USE-BOOKSTORE. A building or portion or a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, DVD’s or motion picture film if the building or portion of a building is not open to the general public generally but only to 1 or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of the items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
   ADULT USE-CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
   ADULT USE-COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or 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.
   ADULT USE-CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
   ADULT USE-HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
   ADULT USE-HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
   ADULT USE-MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
   ADULT USE-MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
   ADULT USE-MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
   ADULT USE-MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
   ADULT USE-MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting materials if the building or portion of a building as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
   ADULT USE-NOVELTY BUSINESS. A business which has a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
   ADULT USE-SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
   ADULT USE-STEAM BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
   ADULT USES. Include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.
      (1)   SPECIFIED ANATOMICAL AREAS.
         (a)   Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola.
         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      (2)   SPECIFIED SEXUAL ACTIVITIES.
         (a)   Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothes genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.
         (b)   Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence.
         (c)   Use of a human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.
         (d)   Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s).
         (e)   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving flagellation, torture, fettering, binding, or other physical restraint of any such persons.
         (f)   Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being.
         (g)   Human erection, urination, menstruation, vaginal or anal irrigation.
   ADULT USES-ACCESSORY. A use, business or establishment having 10% or less of its stock in trade or floor area allocated to, or more than 20% or less of its gross receipts derived from movie rentals or magazine sales.
   ADULT USES-PRINCIPAL. A use, business or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from, any adult use.
(Ord. 117, passed 5-6-2002)
§ 110.03 GENERAL PROVISIONS.
   (A)   Except as specifically provided in this chapter, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this chapter. Adult uses shall be prohibited from locating in any building which is also utilized for residential purposes.
   (B)   No adult entertainment business shall engage in any activity or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Amboy, the laws of the State of Minnesota, or the United States of America. Nothing in this chapter 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 materials to minors.
   (C)   No liquor license shall be issued to any adult use related premises, enterprise, establishment, business, or place open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, description of, or participation in specified sexual activities or specified anatomical areas.
   (D)   No adult use related premises, establishment, business, or place shall allow or permit the sale of 3.2% malt liquor, wine, or any alcoholic beverages for consumption on the premises or the sale or service of set ups to mix alcoholic drinks. No alcoholic beverages shall be consumed on the premises of the enterprise, establishment, business, or place.
   (E)   An adult use which does not qualify as an accessory use pursuant to § 110.02 shall be classified as an adult use-principal.
(Ord. 117, passed 5-6-2002) Penalty, see § 10.99
§ 110.04 LICENSING.
   (A)   Adult uses-principal shall not be owned or operated by any person without first having secured an adult use license from the City of Amboy.
   (B)   The application for an adult use license shall be submitted on a form provided by the city and shall include:
      (1)   If the applicant is an individual: the name, residence, phone number, and birth date of the applicant;
      (2)   If the applicant is a partnership: the name, residence, phone number, and birth date of each general and limited partner shall be provided;
      (3)   If the applicant is a corporation: the names, residences, phone numbers, and birth dates of all persons holding more than 5% of the issued outstanding stock of the corporation;
      (4)   The name, address, phone number, and birth date of the operator and manager of the operation, if different from the owner(s);
      (5)   The address and legal description of the premises where the adult establishment is to be located;
      (6)   A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity, or the operation of an adult establishment of adult business by the applicant, operator, or manager, and whether or not the applicant has ever applied for or held a license to operate a similar type business in any other community(s). In the case of a corporation, a statement detailing any felony convictions by the owners of more than 5% of the issued and outstanding stock of the corporation, and whether or not those property owners have ever applied for or held a license to operate a similar type of business in other community(s);
      (7)   The activities and types of business to be conducted;
      (8)   The hours of operation;
      (9)   Provisions to be utilized to restrict access by minors; and
      (10)   A building plan of the premises detailing all internal operations and activities.
   (C)   The license shall expire on December 31 of the year it is issued.
   (D)   The granting of any permit or license pursuant to requirements of this chapter, or other applicable City of Amboy ordinances, shall not relieve applicants of their responsibility to obtain any required state or federal permits.
   (E)   Each application for an adult use license shall be submitted to the City Administrative Clerk/Treasurer and shall be accompanied by payment in full of the required fee for the adult use license. Each license shall be issued for a period of 1 calendar year. All licenses shall expire on the last day of December of each year. Any portion of a year less than 12 months shall be counted as a full year for the purpose of calculation of fees.
(Ord. 117, passed 5-6-2002)
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