1. “Adult Uses” - Adult uses include adult bookstores, adult motion picture theaters, adult motion 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 hotels/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” (as such terms and phrases are defined below) which are capable of being seen by members of the public:
(a) Specified Anatomical Areas:
(i) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and
(ii) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(b) Specified Sexual Activities:
(i) 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 sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
(iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
(iv) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
(v) Situations involving a person or persons, 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 restraint of any such persons; or
(vi) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
(vii) Human excretion, urination, menstruation, vaginal or anal irrigation.
2. “Adult Uses - Accessory” - A use, business, or establishment having 10 percent or less of its stock in trade or floor area allocated to, or 20 percent or less of its gross receipts derived from movie rentals, magazine sales, or sales of other merchandise in which there is an emphasis on “specified sexual activities” or “specified anatomical areas.”
3. “Adult Uses - Principal” - A use, business, or establishment having more than 10 percent of its stock in trade or floor area allocated to, or more than 20 percent of its gross receipts derived from, any adult use.
4. “Adult Use - 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.”
5. “Adult Use - Bookstore” - A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture file if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding 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 depiction or description of “specified sexual activities” or “specified anatomical areas.”
6. “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 other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas.”
7. “Adult Use - Companionship Establishment” - A companionship establishment, which excludes minors by reason of age and 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.”
8. “Adult Use - Conversation/Rap Parlor” - A conversation/rap parlor which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
9. “Adult Use - Health/Sport Club” - A health/sport club which excludes minors by reason of age and if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
10. “Adult Use - Hotel or Motel” - Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material in presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
11. “Adult Use - Massage Parlor, Health Club” - A massage parlor or health club which restricts minors by reason of age and which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
12. “Adult Use - Mini-Motion Picture Theater” - A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue 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.
13. “Adult Use - 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” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
14. “Adult Use - Motion Picture Arcade” - Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor 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.”
15. “Adult Use - Motion Picture Theater” - A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue 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.
16. “Adult Use - Novelty Business” - A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
17. “Adult Use - Sauna” - A sauna which excludes minors by reason of age and 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.”
18. “Adult Use - Steam Room/Bathhouse Facility” - A building or portion of a building used for providing a 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 restricts minors by reason of age and 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.”
19. “Church” - A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses.
20. “School” - A public school as defined in Minnesota Statute, Section 120A.05, as amended or a nonpublic school or a nonsectarian nonpublic school as defined in Minnesota Statute, Section 123B.41, as amended.
21. “Youth Facility” - A public playground, park, public swimming pool, public library or licensed day care facility.
[Chapter 7A, Article IX, Section 7A-900 amended by Ord. No. 09-03, effective March 5, 2009.]