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(A) The purpose of this chapter is to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, to guard against the inception and transmission of disease and to establish reasonable and uniform regulations. 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 sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(B) The Council further finds that experience from other cities demonstrates that sexually oriented businesses conducted in private by members of the same or the opposite sex and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting or endangering the health, safety and welfare of members of the community by being the sites of acts of prostitution, illicit sex and occasions of violent crimes, thus requiring close inspection, licensing and regulation.
(Prior Code, § 6.42, Subd. 1) (Ord. 188, effective 10-2-1998)
The following are classified as sexually oriented businesses:
(A) Sexually oriented arcades;
(B) Sexually oriented bookstores or sexually oriented video stores;
(C) Sexually oriented cabarets;
(D) Sexually oriented conversation/rap parlors;
(E) Sexually oriented massage parlors;
(F) Sexually oriented motels;
(G) Sexually oriented motion picture theaters;
(H) Sexually oriented saunas;
(I) Sexually oriented theaters;
(J) Escort agencies;
(K) Nude model studios; and
(L) Sexual encounter centers.
(Prior Code, § 6.42, Subd. 2) (Ord. 188, effective 10-2-1998)
(A) A sexually oriented business may not be operated without a valid license, issued by the city for the particular type of business.
(B) An application for a license must be made on a form provided by the City Administrator. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with § 120.16 of this chapter shall submit a diagram meeting the requirements of that section.
(C) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Fire Department and Building Official.
(D) If a person who wishes to operate a sexually oriented business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 120.04 and each applicant shall be considered a licensee if a license is granted.
(Prior Code, § 6.42, Subd. 3) (Ord. 188, effective 10-2-1998)
(A) The City Administrator shall approve the issuance of a license to an applicant within 30 days after receipt of a complete application unless the City Administrator finds one or more of the following to be true.
(1) An applicant is under 18 years of age.
(2) An applicant is delinquent in the applicant's payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business.
(3) An applicant has intentionally failed to provide information reasonably necessary for issuance of the license or has intentionally falsely answered a question or request for information on the application form.
(4) An applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(6) The premises to be used for the sexually oriented business have not been approved by the Fire Department and the Building Official as being in compliance with applicable laws and city code provisions. The Fire Department and Building Inspector must inspect the premises and issue an inspection report within 30 days after the applicant identifies the premises and requests an inspection.
(7) The license fee required by this chapter has not been paid.
(8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that the applicant is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers on two or more occasions during the preceding 12-month period.
(9) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter.
(10) An applicant or an applicant's spouse has been convicted of a crime:
(a) Involving any of the following offenses:
1. Prostitution as described in M.S. § 609.321, as it may be amended from time to time;
2. Solicitation, inducement of promotion of prostitution as described in M.S. § 609.322, as it may be amended from time to time;
3. Receiving profit derived from prostitution as described in M.S. § 609.322, Subdivision 1.(3), as it may be amended from time to time;
4. Other prohibited acts relating to prostitution as described in M.S. § 609.324, as it may be amended from time to time;
5. Obscenity as described in M.S. § 617.241, as it may be amended from time to time;
6. Sale, dissemination, distribution, display or exhibition of harmful material to minors as described in M.S. §§ 617.293 and 617.294, as they may be amended from time to time;
7. Sexual performance by a child as described in M.S. § 617.246, as it may be amended from time to time;
8. Dissemination or possession of child pornography as described in M.S. § 617.247, as it may be amended from time to time;
9. Indecent exposure as described in M.S. § 617.23, as it may be amended from time to time;
10. Criminal sexual conduct as described in M.S. §§ 609.342, 609.343, 609.344 and 609.345, as they may be amended from time to time;
11. Incest, as described in M.S. § 609.365, as it may be amended from time to time; or
12. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.
(b) For which:
1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(B) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(C) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (A)(10)(a) above of this section may qualify for a sexually oriented business license only when the time period required by division (A)(10)(b) above of this section has elapsed.
(D) The license, if granted, shall state the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(Prior Code, § 6.42, Subd. 4) (Ord. 188, effective 10-2-1998)
(A) The annual fee for a sexually oriented business license shall be set by resolution of the Council.
(B) The investigation fee for the purpose of issuing a license shall be set by resolution of the Council.
(C) In the event that the license is denied upon application, the license fee shall be refunded; however, no part of the license investigation fee shall be returned to the applicant.
(D) No part of the annual license fee shall be refunded if the license is suspended or revoked.
(Prior Code, § 6.42, Subd. 5) (Ord. 188, effective 10-2-1998)
(A) An applicant or licensee shall permit representatives of the Police Department, Fire Department and Building Inspection Division to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business, in accordance with § 10.20.
(B) A person who operates a sexually oriented business or their agent or employee commits an offense if the person refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business.
(C) The provisions of this chapter do not apply to areas of a sexually oriented motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Prior Code, § 6.42, Subd. 6) (Ord. 188, effective 10-2-1998)
(A) Each renewal license shall be issued for a maximum period of one year. All licenses expire on December 31 of each year. Each license may be renewed only by making application as provided in § 120.03. Application for renewal should be made at least 90 days before the expiration date. If the City Administrator determines good and sufficient cause is shown by the applicant for failure to file a timely renewal application, the City Administrator shall, if other provisions of this chapter are complied with, grant the application.
(B) When the City Administrator denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City Administrator finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(Prior Code, § 6.42, Subd. 7) (Ord. 188, effective 10-2-1998)
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