(A) Purpose and intent.
(1) Findings. It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:
(a) Prevent additional criminal activity within the city;
(b) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;
(c) To locate adult-oriented businesses away from residential areas, schools, churches and parks and playgrounds; and
(d) Prevent concentration of adult-oriented businesses within certain areas of the city.
(2) The provisions of this chapter have neither the purpose nor effect of imposing a limitation of restriction on the content of any communicative material, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protect by the First Amendment, or to deny access by distributors and exhibitors of adult-oriented entertainment to their intended market.
(B) Application.
(1) Except as specifically provided in this chapter, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purposed nor in any manner which is not in conformity with this chapter.
(2) No adult-oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by and ordinance of the city, the laws of the state or the United States of America. Nothing in this chapter shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.
(C) Location. During the term of this chapter, no adult-oriented businesses shall be located less than 500 feet from any residential zoning district boundary or site used for residential purposes, nor less than 500 feet from any church site, from any school site, from any day care facility or from any park which is adjacent to property zoned residential. In addition, no adult-oriented business may be located within 300 feet of another adult-oriented business. For purposes of this chapter, this distance shall be a horizontal measurement from the nearest existing residential district boundary or site used for residential purposes, church site, school site, day care site, park site or another adult-oriented business site to the nearest boundary of the proposed adult-oriented business site.
(D) Hours of operation. No adult-oriented business site shall be open to the public from the hours of 11:00 p.m. to 9:00 a.m.
(E) Operation.
(1) Off-site viewing. An establishment operating as an adult-oriented business shall prevent off-site viewing of its merchandise, which if viewed by a minor, would be in violation of M.S. Ch. 617, as it may be amended from time to time, or other applicable federal or state statutes or local ordinances.
(2) Entrances. All entrances to the business, with the exception of emergency fire exits which are not useable by patrons to enter the business, shall be visible from a public right-of-way.
(3) Layout. The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including, but not limited to, books, magazines, photographs, video tapes or any other material.
(4) Illumination. Illumination of the premises’ exterior shall be adequate to observe the location and activities of all person on the exterior premises.
(5) Signs. Signs for adult-oriented businesses shall comply with the city code sign restrictions addressed in § 152.070 of this chapter and, in addition, signs for adult-oriented businesses shall not contain representational depiction of an adult nature of graphic descriptions of the adult theme of the operation.
(F) Consumption or sale of alcoholic beverages. Adult-oriented business shall not be located on the same parcel as, on a parcel adjacent to or within 500 feet of an establishment that serves alcoholic beverages. Sale of alcoholic beverages on a parcel containing an adult use is prohibited. Consumption of alcoholic beverages on a parcel containing an adult use is prohibited.
(G) Licenses.
(1) Licenses required. All establishments, including any business operating at the time this chapter becomes effective, operating or intending to operate adult-oriented business, shall apply for and obtain a license from the city. A person is in violation of the city code if he or she operates an adult-oriented business without a valid license issued by the city.
(2) Applications. An application for a license must be made on a form provided by the city.
(a) 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 marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(b) The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the appropriate state, county and local law and codes by the Health Official, Fire Marshal and Building Official.
(c) Application for license shall contain the address and legal description of the property to be used; the names, addresses, phone numbers, dates of birth of the owners, lessee, if any, the operator or manager, and all employees; the name, address and phone number of two persons, who shall be residents of the state, and who may be called upon to attest to the applicant’s, manager’s or operator’s character; whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information detailing the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee or manager regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, furnishing or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of the business.
(d) If the application is made on behalf of the corporation, joint business venture, partnership or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names, addresses and dates of birth of all individuals having an interest in the business, including partners, officers, owners and creditors furnishing credit for the establishment, acquisition, maintenance and furnishings of said business, in the case of a corporation, the names, addresses and dates of birth off all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation or furnishing of the establishment, including the purchase or acquisition of any items of personal property for use in said operation.
(e) All applicants shall furnish to the city, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the enterprise.
(3) Application/applicant disqualification.
(a) The license fee required by this chapter has not been paid.
(b) An applicant has been convicted of a crime involving any of the following offenses:
(c) Any sex crimes, as defined by M.S. §§ 609.29 through 609.352 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith;
(d) Any obscenity crime, as defined by M.S. §§ 617.23 through 617.299 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith, 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 date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is 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 conviction is two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-hour period.
(e) The fact that a conviction is being appealed from shall have no effect on disqualification of the applicant or applicant’s spouse.
(4) Requalification. An applicant who has been convicted of an offense listed herein may qualify for an adult-oriented business license only when the time period required hereby has elapsed.
(5) Posting. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult-oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that is may be easily read at any time.
(6) Council action. The City Council shall act to approve or disapprove the license application within the timeframes found in state statutes; provided that, the application contains all of the information required by this chapter. If the application is deficient, the Council shall act on the application within the timeframes found in state statutes. The City Clerk/Treasurer shall notify the applicant of the deficiencies in the application.
(7) Appeals. Within 90 days after the decision by the Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or City Clerk/Treasurer.
(H) Investigation and issuance. The City Council shall direct the Police Department or County Sheriff to investigate all facts set forth in the application. An advance fee of $500 shall be submitted with the application to defray the city’s costs and expenses with the background investigation. After the background investigation has been completed and all information required by the application has been submitted to the city, the City Council shall determine whether to grant or deny the license application.
(I) License fees. Fees shall be as set forth in the Fee Schedule Ordinance on file in the city offices.
(J) Inspection.
(1) Access. An applicant or licensee shall permit health officials, representatives of the Police Department, County Sheriff’s Office, Fire Department, Zoning Administrator and Building Inspection Division to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and city code, at any time it is occupied or open for business.
(2) Refusal to permit inspections. A person who operates an adult-oriented business or his or her agent or employee commits an offense if she or he refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, County Sheriff’s Department, Fire Department, Zoning Administrator or Building Inspection Division at any time it is occupied or open for business. Refusal to permit inspections may result in the suspension of the license as provided in division (F) above.
(3) Exceptions. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for uses as a permanent or temporary habitation.
(K) Expiration and renewal.
(1) Expiration. Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in division (G)(2) above. Application for renewal must be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will be unaffected.
(2) Denial of renewal. When the city 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 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.
(L) Suspension.
(1) Causes of suspension. The city may suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with any provision of this chapter;
(b) Engaged in the use of alcoholic beverages while on the adult-oriented business premises;
(c) Refused to allow an inspection of the adult-oriented business premises as authorized by this chapter;
(d) Knowingly permitted gambling by any person on the adult-oriented business premises; and
(e) Demonstrated inability to operate or mange an adult-oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(2) Notice. A suspension by the city shall be preceded by written notice to the licensee and before a hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensee’s business premises with the person in charge thereof.
(M) Revocation.
(1) Suspended licenses. The city may revoke a license if a cause of suspension in division (L) above occurs and the license has been suspended within the preceding 12 months.
(2) Causes of revocation. The city shall revoke a license if it determines that:
(a) A licensee gave false or misleading information in the material submitted to the city during the application process;
(b) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(c) A licensee or an employee has knowingly allowed prostitution on the premises;
(d) A licensee or an employee knowingly operated the adult-oriented business during a period of time when the licensee’s license was suspended;
(e) A licensee has been convicted of an offense listed herein for which the time period required herein has not elapsed;
(f) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed herein, for which a conviction has been obtained, and the person or person were employees of the adult-oriented business at the time the offenses were committed;
(g) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises; or
(h) A licensee has allowed the sale and/or consumption of alcoholic beverages at the adult-oriented business for which a license has been issued herein.
(3) Appeals. The fact that conviction is being appealed shall have no effect on the revocation of the license.
(4) Granting a license after revocation. When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult-oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (M)(2) above, an applicant may not be granted another license until the appropriate number of years required hereunder have elapsed.
(5) Notice. A revocation by the city shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premised with the person in charge thereof.
(N) Transfer of license. A licensee shall not transfer this license to another, nor shall a licensee operate an adult-oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. 906-2011, passed - -2011) Penalty, see § 152.999
Editor’s note:
Fees for the issuance of a license under this section are as set forth in the ordinance adopting a schedule of fines and fees on file in the city offices.