For the purpose of this article, the terms listed below shall have the following defined meanings:
ADULT USES: Include adult bookstores, adult motion picture theaters, adult motion picture sales and rental, adult mini- motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport spas and studios, 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 Minnesota statutes section 617.241 are not included.
Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
Bookstore: An establishment or business which barters, rents or sells items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film and, either alone or when combined with adult motion picture rental or sales and adult novelty sales within the same business premises, has either ten percent (10%) or more of its stock in trade or ten percent (10%) or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such 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.
Companionship Establishment: A companionship 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 such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Health/Sport Spa, Studio, Establishment: A health/sport spa, studio, or establishment which excludes minors by reason of age, and if such health/sport spa, studio, or establishment is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Hotel Or Motel: A hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Massage Parlor, Health Spa, Studio Or Establishment: A massage parlor or health spa, studio, or establishment which excludes minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
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 such 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 such customers.
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 (5) 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.
Motion Picture Rental Or Sales: An establishment or business which barters, rents or sells videotapes or motion picture film and, either alone or when combined with adult bookstore or adult novelty sales within the same business premises, has either ten percent (10%) or more of its stock in trade or ten percent (10%) or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
Motion Picture Theater: A building or portion of a building with the capacity of fifty (50) or more persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
Novelty Sales: An establishment or business which sells devices which stimulate human genitals or devices which are designed for sexual stimulation and, either alone or when combined with adult bookstore and adult motion picture rental or sales, has either ten percent (10%) or more of its stock in trade or ten percent (10%) or more of its floor area containing such items and other items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
Sauna: A sauna which excludes minors by reason of age, and 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 and characterized by an emphasis on specified sexual activities or specified anatomical areas.
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 pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such 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.
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; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
D. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
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; or
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. (Ord. 1098, 11-8-2004)