CHAPTER 4
ADULT USES AND SEXUALLY ORIENTED BUSINESSES
ADULT USES AND SEXUALLY ORIENTED BUSINESSES
SECTION:
3-4-1: Findings And Purposes
3-4-2: Definitions
3-4-3: License Required
3-4-4: Persons Ineligible For License
3-4-5: Places Ineligible For License
3-4-6: Nonconforming Uses
3-4-7: Conditions Of License
3-4-8: Revocation, Suspension Or Nonrenewal Of License
3-4-9: Sign Restrictions
3-4-10: Penalty
A. Purpose: The purpose of this chapter is to control, through licensing and zoning regulations, certain land uses that have a direct and detrimental effect on the character of the city's residential and commercial neighborhoods.
B. Findings: The city council makes the following findings about the effect adult uses and sexually oriented businesses have on the character of the city's neighborhoods. In making the findings, the city council accepts the recommendations of staff that has studied the experiences of other urban areas about such businesses. The Minnesota attorney general; the American planning association; and the cities of St. Paul and Rochester, Minnesota; Indianapolis; Phoenix, Arizona; Los Angeles, Seattle and New York have studied the impacts of adult uses and sexually oriented businesses on urban areas. These studies have concluded that adult uses and sexually oriented businesses have adverse impacts on the surrounding neighborhoods. Based on these studies and findings, the city council concludes:
1. Adult uses and sexually oriented businesses can contribute to an increase in crime in the area where such businesses are located. This can be a burden to city crime prevention programs and law enforcement services.
2. Adult uses and sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can increase neighborhood blight. These businesses also can impair the character and quality of the residential housing in the area where such businesses are. This situation could lessen the amount of desirable housing for residents.
3. The concentration of adult uses and sexually oriented businesses in one area can greatly affect the area where such businesses are concentrated and on the quality of urban life. A cycle of decay can result from the influx and concentration of adult uses and sexually oriented businesses. Others may perceive the presence of such businesses as an indication that the area is deteriorating and the result can be devastating. That is, other businesses move out of the vicinity and residents flee from the area. Lower property values that can result from the concentration of such businesses erode the city's tax base and contribute to urban blight.
4. Adult uses and sexually oriented businesses have adverse secondary impacts of the type discussed above.
5. It is necessary to provide for the special and express regulation of businesses, establishments or commercial enterprises that operate as adult body painting studios, adult bookstores, adult cabarets, adult car washes, adult companionship establishments, adult hotels or motels, adult massage parlors or health clubs, adult minimotion picture theaters, adult modeling studios, adult motion picture arcades or theaters, adult novelty businesses, adult saunas, and similar adult oriented services operating under different names to protect the public health, safety and welfare, and to guard against the inception and transmission of disease.
6. The commercial enterprises such as the types described in subsection B5 of this section and all other similar establishments whose services include sessions offered to adults conducted in private by members of the same or opposite sex, and employing personnel with no specialized training are susceptible to operations contravening, subverting, or endangering the morals of the city by being the site of acts of prostitution, illicit sex, and occasions of violent crimes, and thus requiring close inspection, licensing and regulation.
7. Control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the police department and other departments of the city. It is necessary for the city to provide services to all of the city without concentrating the public services in one area. The concentrated use of city services detracts from and reduces the level of service available to the rest of the city. Thus, these types of establishments can diminish the ability of the city to protect and promote the general health, welfare, morals and safety of the city.
8. The city council adopts the following land use and licensing regulations, recognizing that it has an interest in the present and future character of the city's residential and commercial neighborhoods. These regulations are to lessen the detrimental and adverse effects adult uses and sexually oriented businesses have on adjacent land uses and to protect and promote the health, safety and welfare of the residents of the city.
It is not the intent of the city council to prohibit adult uses or sexually oriented businesses or establishments from having an opportunity to locate in the city. It also is not the intent of the city council to regulate these businesses on the basis of content, but only on the basis of likely adverse secondary effects. (Ord. 68, 8-20-1996)
The following words shall have the following meanings:
ADULT USE, 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 such items include adult magazines, adult movies, adult novelties, and the like.
ADULT USES: Adult body painting studios, adult bookstores, adult cabaret, adult car wash, adult hotels or motels, adult motion picture theaters, adult minimotion picture theaters, adult massage parlors, adult health/sport clubs, adult saunas/steam rooms/bath houses, adult companionship establishments, adult rap/conversation parlors, adult novelty businesses, adult motion picture arcades, adult modeling 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 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 classified as obscene as defined by Minnesota statutes section 617.241 are not lawful and are not included in the definition of adult uses.
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:
Adult Body Painting Studio: An establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
Adult Bookstore: An establishment, building or business engaging in the barter, rental, or sale of items or merchandise consisting of printed matter, pictures, slides, records, audiotapes, videotapes, computer or video disks, motion picture film, or any other similar materials, if such a 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 twenty percent (20%) of the usable floor area of the establishment, building or business, or if at least five hundred (500) square feet, whichever is smaller, has products or materials distinguished or characterized by an emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas.
Adult Cabaret: An establishment, building or business that provides dancing or other live entertainment if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
Adult Car Wash: A wash facility for any type of motor vehicle that allows employees, agents, independent contractors or persons to appear in a state of partial or total nudity in terms of specified anatomical areas.
Adult Companionship Establishment: An establishment or business if such establishment excludes minors because 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 such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
Adult Entertainment Facility: A building or space in which an admission is charged for entrance, or food or nonalcoholic beverages are sold or intended for consumption, and in which may be observed live presentation of entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult Establishment: An establishment, building or business engaging in any of the following activities or which uses any of the following business procedures or practices, either:
A. Any business conducted exclusively for the patronage of adults and about which minors are specifically excluded from patronage thereat either by law or by the operators of such business; or
B. Any other business that offers its patrons services, products or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult minimotion picture theaters, adult massage parlors, adult health clubs, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult car washes, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.
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 matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult Massage Parlor, Health/Sport Club: A massage parlor or health/sport club that restricts minors because of age, which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
Adult Minimotion Picture Theater: A business, building or establishment in an enclosed building with a capacity for less than fifty (50) persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
Adult Modeling Studio: An establishment or business 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 such customers 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 such customers.
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 image producing devices that show images to five (5) or fewer persons per machine at once, 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 Motion Picture Theaters: A business premises within an enclosed building with a capacity of fifty (50) or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
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 which relate to specified sexual activities or specified anatomical areas.
Adult Sauna/Steam Room/Bathhouse: A business that excludes minors because of age, or which provides a steam bath or heat bathing room used for bathing, pleasure, relaxation or reducing, utilizing 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 HOME, LICENSED GROUP FAMILY DAYCARE HOME, LICENSED CHILDCARE CENTER: A facility holding a license from Crow Wing County or Minnesota pursuant to Minnesota statutes chapter 245A and/or Minnesota rules chapter 9502 or chapter 9503, as amended.
MINOR: Any natural person under the age of eighteen (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 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 a city or county without discrimination and is organized under the provisions of Minnesota statutes chapter 134.
PUBLIC PARK: A park, reservation, open space, playground, beach or recreation or community center in the city, owned, leased, or used, wholly or in part, by 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 twenty five (25) or more persons receive a full course of educational instruction. Any postsecondary or posthigh school educational building, including any college or any vocational- technical college, shall not be deemed a school for purposes of this chapter.
SEXUALLY ORIENTED BUSINESS: An "adult book store", "adult body painting studio", "adult car wash", "adult cabaret", "adult hotel or motel", "adult companionship establishment", "adult motion picture theater", "adult minimotion picture theater", "adult massage parlor", "adult entertainment facility", "adult health or sports club", "adult novelty business", "adult modeling studio", or "adult sauna" as defined herein. Activities classified as "obscene" as defined by Minnesota statutes section 617.241 are not lawful and are not included in the definition of adult uses.
SPECIFIED ANATOMICAL AREAS: Anatomical areas consist of:
A. Less than completely and opaquely covering human genitals, pubic region or pubic hair, buttock, anus, or female breast or breasts below a point immediately above the top of the areola or any combination of the foregoing; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Activities consisting of the following:
A. 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, or the use of excretory functions 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;
B. Human genitals in the state of sexual stimulation, arousal or tumescence;
C. Use or acts of human or animal ejaculation, sexual intercourse, sodomy, oral copulation, coitus, or masturbation;
D. Fondling or touching of human genitals, pubic regions or pubic hair, buttocks, or female breast or breasts;
E. 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 any such person;
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
G. Human excretion, urination, menstruation, vaginal or anal irrigation; or
H. Any combination of the above. (Ord. 68, 8-20-1996; amd. 2002 Code)
A. License Required; Types: No person shall own or operate an adult use or sexually oriented business in the city without having first secured a license as provided herein. Licenses shall be one of two (2) types:
1. Adult use principal.
2. Adult use accessory.
B. Application: The City shall prepare an application for an adult use principal or sexually oriented business license. This application shall include:
1. The name, residence, phone number and birth date of the applicant, if an individual; and, if a corporation, partnership, LLC or similar entity, the names, residences, phone numbers and birth dates of those owners holding more than five percent (5%) of the issued and outstanding stock of the corporation or ownership interest in a partnership, LLC or similar entity;
2. The name, address, phone number and birth date of the operator and manager of such operation, if different from the owners;
3. The address and legal description of the building, establishment or premises where the adult use or sexually oriented business is to be located;
4. A statement detailing each gross misdemeanor or felony relating to a sex offense and/or the operation of adult uses and related activities of which the applicant or, for a corporation, the owners of more than five percent (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 cities;
5. The activities and types of business to be conducted;
6. The hours of operation;
7. The provisions made to restrict access by minors;
8. A building plan of the premises detailing internal operations and activities; and
9. A description or building plan that details all proposed interior and exterior changes to an existing building or structure. (Ord. 68, 8-20-1996)
C. License Fees:
1. Payment; Receipt: Each application for a license shall be accompanied by a receipt from the city finance officer for payment in full of the required application and investigative fee for the license as established by the city council. All fees shall be paid into the general fund of the city. (Ord. 68, 8-20-1996; amd. 2002 Code)
2. Prorated Fee: The city shall issue each license for one year, except that 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 such fee, the city shall count any unexpired fraction of a month as one month. (Ord. 68, 8-20-1996)
3. Annual Fee; Investigative Fee: The annual fee and the investigative fee for an adult use or sexually oriented business license shall be as established from time to time by the city council. (Ord. 68, 8-20-1996; amd. Ord. 68.1, 10-7-1997; 2002 Code)
4. Refund: No part of the fee paid for any license issued under this chapter shall be refunded except in the following instances upon application to the city administrator within thirty (30) days from the happening of the event. The city shall refund a prorated portion of the fee for the unexpired period of the license, computed monthly, when operation of the licensed business ceases not less than one month before expiration of the license because of: (Ord. 68, 8-20-1996; amd. 2002 Code)
a. Destruction or damage of the licensed premises by fire or other catastrophe;
b. The licensee's illness;
c. The licensee's death;
d. A change in the legal status making it unlawful for the licensed business to continue.
5. Withholding Information; False Information: 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.
6. Change In Information: Any changes in the information provided on the application or provided during the investigation shall be reported to the city council by the applicant or licensee. If said changes take place during the investigation, the data shall be provided to the city administrator in writing, and the administrator shall report the changes to the city council. Failure to report said changes by the applicant or the licensee may result in a denial or revocation of a license.
D. Granting Of License: The city shall investigate all facts set out in the application. After the city finishes its investigation, the city shall hold a public hearing and shall give everyone to be heard for or against the granting of the license a chance to present their views. After the investigation and public hearing, the city council shall grant or refuse the application. (Ord. 68, 8-20-1996)
E. Term: All licenses shall expire on June 30 of each year. (Ord. 68, 8-20-1996; amd. Ord. 68.1, 10-7-1997)
F. Transfer Of License: The city shall only issue the license to the applicant. The license shall not be transferred to another holder. The city shall only issue each license for the premises or location described in the application. No license may be transferred to another place without the approval of the city council. (Ord. 68, 8-20-1996)
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