Subd. 1. Purpose. The purpose of this subsection is to establish provisions for the opportunity as well as controls of sexually oriented uses within the city.
Subd. 2. General Provisions.
1. Sexually oriented uses as defined in Section 1001, shall be subject to the following general provisions.
a. Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not permitted and are prohibited.
b. Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes.
c. Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor, or wine.
d. A sexually oriented use which does not qualify as a sexually oriented use-accessory shall be classified as a sexually oriented use-principal.
Subd. 3. Sexually Oriented Uses-Principal.
1. Sexually oriented uses-principal shall be located at least 300 feet, as measured in a straight line, from the closest point of the property line of the building upon which the sexually oriented use-principal is located to the property line of:
a. Residentially zoned property;
b. Another sexually oriented use-principal;
c. Schools;
d. Day cares;
e. Public library;
f. Public parks/trails; and
g. On-/off-sale liquor establishments.
2. Sexually oriented use-principal activities, as defined by this chapter, shall be classified as one use. No two sexually oriented uses-principal shall be located in the same building or upon the same property and each use shall be subject to item 1 above.
3. Sexually oriented uses-principal shall, in addition to other sign requirements established by City Code or ordinance, also adhere to the following signing regulations:
a. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted;
b. Shall not contain material classified as advertising; and
c. Shall comply with the requirements of size and number of the district in which they are located.
Subd. 4. Sexually Oriented Uses-Accessory.
1. Sexually oriented uses-accessory shall:
a. Comprise no more than 5% of the floor area of the establishment in which it is located; provided that the maximum floor area used for sexually oriented uses-accessory may not exceed 1,000 square feet;
b. Comprise no more than 10% of the gross receipts of the entire business operation; and
c. Not involve or include any activity except the sale or rental of merchandise.
2. Sexually oriented uses-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.
a. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.
b. Magazines. Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
c. Other Use. Sexually oriented uses-accessory, not specifically cited shall comply with the intent of this subsection, subject to the approval of the Zoning Administrator.
3. Sexually oriented uses-accessory shall be prohibited from both internal and external advertising and signing of sexually oriented materials and products.
4. Sexually oriented uses-accessory activities, including sale or display of instruments, devices, or paraphernalia which are used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are admitted.