The following words and terms, when used in this Article VIII, shall have the following meanings unless the context clearly indicates otherwise.
ADULT 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 such body is wholly or partially nude in terms of specified anatomical areas as defined herein.
ADULT BOOK STORE. An establishment that has 40% or greater of its current store stock in merchandise, videos, books, magazines and/or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as herein defined.
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 as defined herein.
ADULT COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service for a fee 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 as defined herein.
ADULT ENTERTAINMENT FACILITY. A building or space wherein an admission is charged for entrance, or food or nonalcoholic beverages are sold or intended for consumption, and wherein 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 as defined herein.
ADULT MINI-MOTION PICTURE THEATER. A building or space with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas herein defined, for observation by patrons therein. The phrase USED FOR in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material.
ADULT 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 such customers and who engage in specified sexual activities as defined herein or display specified anatomical areas as defined herein while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
ADULT MOTION PICTURE THEATER. A building or space with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase USED FOR in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material.
ADULT 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 sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined herein.
DWELLING UNIT. One or more rooms arranged for residential use containing cooking, living, sanitary and sleeping facilities and physically separated from any other rooms or dwelling units which may be in the same structure.
MINOR. Any natural person under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state.
PUBLIC LIBRARY. Any library that provides free access to all residents of a city or county without discrimination, receives at least half of its financial support from public funds and is organized under the provisions of M.S. Chapter 134, as it may be amended from time to time.
PUBLIC PARK. A park, reservation, open space, playground, beach or recreation center in the city owned, leased or used, wholly or in part, by a city, county, state, school district or federal government for recreation purposes.
PLACE OF ASSEMBLY FOR WORSHIP. A building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.
SCHOOL. A building or space that is principally used as a place where 25 or more persons receive a full course of educational instruction. Any post-secondary or post-high school educational building, including any college or any vocational-technical college, shall not be deemed a school for purposes of this Article VIII.
SIGN. A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building or other outdoor surface or piece of land and which directs attention to an object, project, place, activity, person, institution, organization or business. However, a SIGN shall not include any display of official court or governmental office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A SIGN shall not include a sign located completely within an enclosed building unless the context shall so indicate. Each display surface of a sign shall be considered a SIGN.
SINGLE-FAMILY DWELLING. A residential building containing one dwelling unit as herein defined including detached, semi-detached and attached dwellings.
STATE-LICENSED FAMILY DAY CARE HOME, STATE-LICENSED GROUP FAMILY DAY CARE HOME, STATE-LICENSED CHILD CARE CENTER. A facility holding a license from the state pursuant to M.S. Chapter 245A, as it may be amended from time to time, and/or Minnesota Rules Chapter 9502 or Chapter 9503, as amended.
SEXUALLY-ORIENTED BUSINESS. An adult book store, adult body painting studio, adult companionship establishment, adult motion picture theater, adult entertainment facility, adult modeling studio, adult mini-motion picture theater, adult car wash or adult sauna as herein defined.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered:
(1) Human genitals, pubic region or pubic hair;
(2) Buttock;
(3) Female breast or breasts below a point immediately above the top of the areola; or
(4) Any combination of the foregoing.
(b) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Include the following:
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast or breasts; or
(4) Any combination of the foregoing.
(Ord. 92-13, passed 3-2-1992; Ord. 94-44, passed 8-15-1994; Ord. 2009-36, passed 11-16-2009)