For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT USE. Every type and variety of “specified adult business”, and any other premises, enterprise, establishment, business, operation or place that is open to some or all members of the public, at, in, on or from which materials, entertainment or services are presented, displayed, depicted, described, distributed, sold or rented that constitute or contain an emphasis on specified anatomical areas or specified sexual activities, and shall include each and every specified adult business. Any activity or material that is classified as obscene under M.S. § 617.241, as the same may hereafter be amended, does not constitute an ADULT USE and are specifically prohibited.
(1) ACCESSORY ADULT USE. An adult use for which the presentation, display, depiction, description, distribution, sale or rental of goods, services, entertainment or materials that constitute or contain an emphasis on specified anatomical areas or specified sexual activities is not a dominant activity. An ACCESSORY ADULT USE typically does not involve or include any activity, except the sale or rental of merchandise.
(2) EXEMPT ADULT USE. An adult use wherein the presentation, display, depiction, description, distribution, sale or rental of goods, services, entertainment or materials that constitute or contain an emphasis on specified anatomical areas or specified sexual activities is conducted only on a diminutive scale, such that it is extremely incidental to any dominant activity and, individually or in combination, occupies or comprises less than five square feet of the total floor, wall and shelf area of the adult use. EXEMPT ADULT USES shall not include or involve any activity, except the sale or rental of merchandise, and no external or internal advertising of any adult- or sexually-oriented merchandise shall be permitted.
(3) PRIMARY ADULT USE. An adult use in, on or from which the sole or a dominant activity involves the presentation, display, depiction, description, distribution, sale or rental of goods, services, entertainment or materials that constitute or contain an emphasis on specified anatomical areas or specified sexual activities.
(4) For purposes of this definition, the term DOMINANT ACTIVITY shall mean any activity or activities that, individually or in combination, provide at least 20% of the gross receipts of the adult use’s entire business operation at that site; or, occupy or comprise up to 10% or more of the total floor, wall and shelf area within the site or 150 square feet or more of floor, wall and shelf area within the site.
PROTECTED USE. Includes the following: licensed day care centers; public or private educational facilities classified as elementary, junior high or senior high schools; public libraries; public parks; on-sale liquor establishments; churches and church-related facilities; and residential properties or uses.
SPECIFIED ADULT BUSINESS. Includes the following:
(1) ADULT BOOKSTORE. A business or commercial enterprise that provides for barter, rental or sale items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film or other visual or aural media, from which minors are excluded by reason of age or where a substantial or significant portion of the items are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(2) ADULT GIFT OR NOVELTY BUSINESS. A business or commercial enterprise that has as a principal activity the sale of devices, implements, equipment or novelties that are designed, marketed, used or sold for the primary purpose of stimulating human genitals otherwise providing sexual stimulation.
(3) ADULT HEALTH CLUB or ADULT SPORTS CLUB. A business or commercial enterprise that is named, signed, advertised or promoted as a facility or club providing health- or sports-related goods, services or equipment, from which minors are excluded by reason of age or that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(4) ADULT HOTEL OR MOTEL. A business or commercial enterprise that provides rooms, facilities or lodging on a short-term basis and wherein material or entertainment is presented, displayed, provided or otherwise made available that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(5) ADULT MINI-MOTION PICTURE THEATER. A business or commercial enterprise operating in, on or from a building or portion thereof that has a legal capacity of less than 50 persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(6) ADULT MODELING STUDIO. A business or commercial enterprise the primary or dominant activity of which is to provide for its customers to observe, paint, paint upon, sketch, draw, sculpt, photograph, videograph or otherwise depict or portray, with the intent of providing sexual stimulation or sexual gratification to the customers. Specified anatomical areas of one or more models or subjects, or one or more models or subjects who are engaging in specified sexual activities.
(7) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin-, slug-, electronically- or mechanically-controlled or operated still or motion picture machines, projectors or other image-producing devices are provided or maintained to show images to no more than one person per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. And the individual viewing areas are not screened, including, but not limited to, doors and curtains, in any way to obstruct the viewing areas from monitoring.
(8) ADULT MOTION PICTURE THEATER. A business or commercial enterprise operating in, on or from a building or portion thereof that has a legal capacity of 50 or more persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(9) BODY PAINTING STUDIO. A business or commercial enterprise that provides the service of applying paint or other substance, whether transparent or non-transparent, to or on any specified anatomical area of any person.
(10) CABARET. A business or commercial enterprise that provides dancing or other live entertainment, from which minors are excluded by reason of age or where the entertainment is distinguished or characterized by an emphasis on description of specified anatomical areas or specified sexual activities.
(11) COMPANION ESTABLISHMENT. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk or discussion between an owner, employee or agent of the enterprise and a customer, if such service is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(12) CONVERSATION/RAP PARLOR. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk or discussion, from which minors are excluded by reason of age or where the service is distinguished or characterized by specified anatomical areas or specified sexual activities.
(13) MASSAGE PARLOR. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(14) SAUNA, STEAM ROOM or BATHHOUSE FACILITY. A business or commercial enterprise that provides one or more steam or heat bathing rooms or sauna of steam room facilities, where the services provided are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities, or from which minors are excluded by reason of age.
(15) OTHER ADULT USE. Any place to which the public is permitted, a business or commercial enterprise that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
SPECIFIED ANATOMICAL AREA. Includes the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areola; and
(2) Human male genitals in a discern by turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY. Includes the following:
(1) Actual or stimulated 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: anillingus; buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederast; pedophilia; piquerism; sapphism; zooerasty;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulations, coitus or masturbation;
(4) Fondling or touching nude human genitals, pubic region, buttocks or female breast;
(5) 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 person;
(6) Erotic or lewd touching, fondling or other sexually-oriented conduct with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Prior Code, § 1101.05) (Ord. 2003-16, passed - -)