(A) Definitions. Subject to the provisions of this section, the uses defined and authorized herein are specifically limited to the C-1 Highway/Auto Commerce and C-2 Downtown Commerce District. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES. Any of the activities and businesses described below constitute sexually oriented businesses which are subject to the regulations of the city code and more specifically to division (B) below.
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 where 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, of 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 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 - 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.
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.
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.
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.
(a) 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
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) 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
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(e) 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;
(f) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
YOUTH FACILITY. A public playground, playground, public swimming pool, public library or licensed daycare facility.
(B) Regulation of sexually oriented businesses and adult uses.
(1) Purpose and intent.
(a) The regulations of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.
(b) It is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market.
(c) It is the purpose of this section to regulate sexually oriented businesses and adult uses to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:
1. Prevent additional criminal activity within the city;
2. Prevent deterioration of neighborhoods and its consequent adverse effects on real estate values of properties within the neighborhood;
3. Locate sexually oriented businesses away from residential areas, schools, churches and parks and playgrounds;
4. Prevent concentration of sexually oriented businesses within certain areas of the city; and
5. Prevent the spread of sexually transmitted diseases.
(2) General provisions. Sexually-oriented businesses or adult uses as defined herein shall be subject to the following general provisions.
(a) Activities defined as obscene by M.S. § 617.241, as it may be amended from time to time, are not permitted and are prohibited.
(b) Sexually oriented businesses and adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
(c) Sexually oriented businesses and adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense, consume or sell alcoholic beverages.
(d) A sexually oriented business or adult use which does not qualify as an accessory use shall be classified as an adult use-principal.
(e) Sexually oriented businesses or adult uses classified as an adult use-principal may not locate or operate within the city without first obtaining a sexually oriented businesses adult use principal license as required by Chapter 114 of this code.
(3) Adult uses - principal.
(a) Sexually oriented businesses classified as adult use-principal shall be located at least 500 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of:
1. Residentially zoned property or residential uses;
2. A licensed daycare center;
3. Public or private educational facilities, including preschools, elementary, junior high or senior high schools;
4. A public library;
5. A public park;
6. Another adult use, principal;
7. An on-sale liquor, wine or beer establishment;
8. Churches;
9. Commercial recreational facilities if the majority of its customers consist of minors; and
10. Specialty schools if the majority of its students consist of minors.
(b) Adult use-principal activities, as defined herein, shall be classified as one use. Two or more sexually oriented businesses or adult uses-principal shall not be located in the same building or upon the same property.
(c) Sexually oriented businesses shall adhere to the following signage regulations:
1. Sign messages shall be generic in nature and shall only identify the type of business or use which is being conducted;
2. Shall not contain material classified as advertising; and
3. Shall comply with the requirements of size and number for the district in which they are located.
(d) Adult use-principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are permitted.
(4) Adult uses - accessory.
(a) Adult use-accessory shall:
1. Comprise no more than 10% of the floor area of the establishment in which it is located;
2. Comprise no more than 20% of the gross receipts of the entire business operation; and
3. Not involve or include any activity except the sale or rental of merchandise.
(b) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of those items from areas of general public access. The business owner shall make every reasonable precaution to limit access to minors.
1. Movie rentals. Display areas shall be restricted from general view and shall be situated in such fashion as to prohibit access of which is in clear view and under the control of the persons responsible for the operation.
2. Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
3. Other use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Council.
(5) Nonconforming sexually oriented businesses, adult use-principal or accessory.
(a) Sexually oriented businesses and adult uses which are classified as legal nonconforming uses may continue in accordance with the provisions of this section except that any such nonconforming use shall be terminated and become illegal on and after January 1, 1998. To the extent possible, the city shall attempt to identify all the uses which become classified as nonconforming under the provisions of this division (B)(5) and shall notify the property owners and operators of the uses in writing of the change in status and the terms and conditions which apply.
(b) The owner of any property on which an adult use is located may apply to the Council for an extension of the termination date. Any such application shall be in writing and be received by the city no later than January 1, 1998. Failure to submit a timely extension application shall constitute a waiver of the right to request an extension.
(c) The extension may be granted if the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment.
(d) The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension.
(e) In making its decision, the Council may consider any factor relevant to the issue, including, but not limited to:
1. The degree or magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the operation;
2. The length of time that the adult use has been operating;
3. The ease by which the property could be converted to a conforming use;
4. The nature and character of the surrounding neighborhood;
5. The value and condition of the improvements on the property;
6. The amount of the applicant’s investment in the business;
7. The amount of investment already realized; and
8. The cost of relocating the adult use.
(2003 Code, § 9.52) (Ord. 76, passed 12-12-1997)