For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES. Includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bath house/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sports 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 which are capable of being seen by members of the public. Activities classified as “obscene”, as defined by M.S. § 617.241, as it may be amended from time to time, are not lawful and are not included in the definition of ADULT USES.
ADULT USES, ACCESSORY. The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of the items include adult magazines, adult movies, adult novelties and the like.
ADULT USES, PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business establishment, and include, but are not limited to, the following.
(1) ADULT 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 the body is wholly or partially nude in terms of specified anatomical areas.
(2) ADULT BOOKSTORE. A business engaging in the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, motion picture film or any other similar materials, if the shop is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of the items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(3) ADULT CABARET. An establishment which provides dancing or other live entertainment if dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of specified sexual activities or specified anatomical area.
(4) ADULT COMPANIONSHIP ESTABLISHMENT. A companionship establishment if the establishment excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT ENTERTAINMENT. Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishment, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, adult body painting studios and other adult establishments.
(6) ADULT ESTABLISHMENT.
(a) A business engaging in any of the following activities or which utilizes any of the following business procedures or practices, either:
1. Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of the business; or
2. Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
(b) Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel and adult body painting studios.
(7) ADULT HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(8) ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club, which restricts minors by reason of age, and is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(9) ADULT MINI-MOTION PICTURE THEATER. A business premises with an enclosed building with a capacity for less than 50 persons used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
(10) ADULT 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 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 the customers.
(11) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically-, electrically- or mechanically-controlled 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.
(12) ADULT MOTION PICTURE THEATERS. A business premises with an enclosed building with a capacity of 50 or more persons used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
(13) ADULT 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.
(14) ADULT SAUNA. A sauna which excludes minors by reason of age, or 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.
SPECIFIED ANATOMICAL AREAS. Anatomical areas consisting of 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 discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Activities consisting of the following:
(1) 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;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(5) Situations involving a person or persons, any of which 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 persons;
(6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; and
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(2002 Code, § 4.32) (Ord. 2, Fifth Series, passed 3-18-1996; Ord. 95, Seventh Series, passed 1-6-2020)