(A) Word usage. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purposes of this chapter, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.
(B) Permitted uses. Permitted uses of land or buildings as hereinafter listed shall be permitted only in the districts indicated, and under the conditions specified.
(C) Definitions. Any words not defined in this section shall have the meanings given them in Merriam-Webster’s Collegiate Dictionary, Tenth Edition or most recent edition. The following words and terms, whenever they occur in this chapter are defined as follows.
ADULT USE; BODY PAINTING STUDIO. A business or establishment if such building or portion of a building excludes minors by virtue of age, and 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’s specified anatomical areas are displayed, or the application of paint or other substance by a patron to the body of another person if such body’s specified anatomical areas are displayed.
ADULT USE; BOOKSTORE. A building or portion of a building, establishment, or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building excludes any minor by reason of age, and if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the presentation, display, 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 such building or portion of a building excludes minors by virtue of age and if such dancing or 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 and which provides the service of listening to or engaging in 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 USE; CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age and which provides the service of listening to or engaging in conversation, talk, or discussion, if such service is distinguished by or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USE; HEALTH/SPORT CLUB. A health/sports club which excludes minors by reason of age and such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USE; HOTEL/MOTEL. A hotel or motel which excludes minors by reason of age and wherein material is presented which is distinguished or characterized by an emphasis on matters 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 excludes minors by reason of age, and which regularly provides the service of massage if such 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 of less than 50 persons used for presenting material if such building or portion of a building excludes minors by reason of age and if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
ADULT USE; MODELING STUDIOS. An establishment which excludes minors by reason of age and whose major business is the provision to customers of figure models who are provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or exhibit “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculpted, photographed, or otherwise depicted by such customers.
ADULT USE; MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein minors are excluded by reason of age, and where coin operated 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 five 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 more than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observations by patrons therein.
ADULT USE; NOVELTY BUSINESS. A business which excludes minors by reason of age, and which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
ADULT USE; SAUNA/STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a sauna, 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
such building or portion of a building excludes 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. Adult uses include, but are not limited to, adult bookstores, adult motion picture theaters, adult 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 hotel/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. This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry by state licensed registered persons. Activities classified as obscene are defined by M.S. § 617.241 and are not lawful and are not included in the definitions of adult uses.
ADULT USES; ACCESSORY. A use, business, or establishment having 10% or less of its stock in trade or floor area allocated to, or 20% or less of its gross revenues derived from, the sale or rental of adult merchandise.
ADULT USES; PRINCIPAL. A use, business, or establishment meeting any of the definitions of adult uses excepting those uses that meet the definition of adult use; accessory.
COUNTY. The County of Carver, Minnesota, or any department or representative of the county who is authorized by this chapter or otherwise by the County Board to represent the county in the administration or enforcement of this chapter.
COUNTY BOARD. The Carver County Board of Commissioners or its designee.
DEPARTMENT. The Carver County Land Management Department.
LIQUOR LICENSE. Any of the following licenses issued or approved pursuant to M.S.Chapter 340A.
MINOR. Person(s) under 18 years of age.
SPECIFIED ANATOMICAL AREAS.
(a) Human genitals, pubic region, buttocks, anus, or female breast(s) below a point immediately above the top of the areola, unless completely and opaquely covered.
(b) Erect penis, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY.
(a) Prostitution or promotion of prostitution; dissemination of obscenity or illegal pornography; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; lewdness; sexual battery; rape; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses in other jurisdictions that, if the acts would have constituted any of the foregoing offenses if the acts had been committed in Minnesota; 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 gross misdemeanor or 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.
SPECIFIED SEXUAL ACTIVITIES.
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed 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: analingus, 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 human or animal ejaculation or ejaculate, 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 person, any of whom are nude, clad in undergarments, or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical constraint of any such persons;
(f) Erotic or nude touching, fondling or other sexually oriented contact with an animal by a human being; and/or
(g) Human erection, urination, menstruation, vaginal or anal irrigation.
(Ord. 66-2010, passed 4-13-10)