For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
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 film if the 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 the items are distinguished and characterized by an emphasis on the 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 the building or portion of a building excludes minors by virtue of age and if the dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE - COMPANIONSHIP ESTABLISHMENT. An 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 the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - CONVERSATION/RAP PARLOR. A parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk or discussion, if the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - HEALTH/SPORT CLUB. A club which excludes minors by reason of age, and if the club is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and there material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A parlor or club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished and 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 for less than 50 persons used for presenting material if the building or portion of a building, as a prevailing practice excludes minors by virtue of age, and if the material is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE - MODELING STUDIO. An establishment whose major business is the provision, to customers, if figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the 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.
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 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 and 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 50 or more persons used for presenting material if the building or portion of building as a prevailing practice excludes minors by virtue of age, and if the material is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
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.
ADULT USE - SAUNA. A sauna which excludes minors by reason of age, and which, provides a steam bath or heating 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 and characterized by an emphasis on specified sexual activities or specified anatomical areas.
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 bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the 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 and characterized by an emphasis on specified sexual activities or specified anatomical areas.
CHURCH. A building or structure, or a group of buildings or structures which, by design and construction, are primarily intended for the conducting of organized religious services and associated accessory uses.
ESCORT BUREAU. Any person who offers to furnish an escort for financial consideration.
ESCORT. Any person who receives financial consideration for consorting with or escorting another person in any public or private place within the city.
SCHOOL. A public school as defined by M.S. § 120A.20, as it may be amended from time to time, or a non-public school, or a non-sectarian, non-public school as defined in M.S. § 123.932, as it may be amended from time to time.
SPECIFIED ANATOMICAL AREAS.
(1) 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
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(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 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;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
YOUTH FACILITY. A public playground, dayground, public swimming pool, public library or licensed day care facility.
(2003 Code, § 6.40-2) (Ord. 75, passed 12-12-1997)