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(A) 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:
(1) Prevent additional criminal activity within the city;
(2) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;
(3) To locate adult oriented businesses away from residential areas, schools, churches and parks and playgrounds; and
(4) Prevent concentration of adult oriented businesses within certain areas of the city.
(B) Purpose. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, 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 protected by the First Amendment, or to deny access by distributors and exhibitors of adult oriented entertainment to their intended market.
(Prior Code, § 12.2-1) (Ord. 726, passed - -)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK AND/OR MEDIA STORE. An establishment which excludes minors and which has a substantial portion of its stock in trade or stock on display books, magazines, films, videotape or other media which are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which provides dancing or other live entertainment, if the establishment excludes minors by virtue of age from all or part of the establishment and if the 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 areas.
ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitations, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses and other adult establishments.
ADULT HOTEL or MOTEL. 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.
ADULT MINI-MOTION PICTURE THEATER.
(1) A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity for less than 50 persons used for presenting motion pictures, including, but not limited to, film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(2) Any business which presents motion pictures, from which minors are excluded from all or part of the establishment, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including, but not limited to, private booths, viewing by means of coin-operated or other mechanical devices, and the viewing of excerpt of motion pictures offered for sale or rent.
ADULT MODELING STUDIO. An establishment, which excludes minors from all or part of the establishment, whose major business is the provision, to customers, or figure models who are so provided with the intent of providing sexual stimulation to 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 MOTION PICTURE ARCADE. Any place which excludes minors from all or part of the establishment wherein coin or token 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 or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including, but not limited to, film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons herein.
ADULT NOVELTY BUSINESS. A business, from which minors are excluded from all or part of the establishment, which sells, offers to sell or displays devices which simulate human genitals or devices which are designed for sexual stimulation.
ADULT USE. Any of the activities and businesses described in this section constitute "adult oriented businesses", which are subject to the regulation of this chapter.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region or pubic hair;
(b) Buttock; and
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal;
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed;
(3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ clothed or unclothed; and/or
(4) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(Prior Code, § 12.2-2) (Ord. 726, passed - -)
(A) Except as in this chapter specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this chapter.
(B) 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 any 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.
(Prior Code, § 12.2-3) (Ord. 726, passed - -)
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, and 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 500 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.
(Prior Code, 12.2-4) (Ord. 726, passed - -) Penalty, see § 10.99
No adult oriented business site shall be open to the public from the hours of 11:00 p.m. to 9:00 a.m.
(Prior Code, § 12.2-5) (Ord. 726, passed - -) Penalty, see § 10.99
(A) 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 may be amended from time to time, or other applicable federal or state statutes or local ordinances.
(B) 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.
(C) 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.
(D) Illumination. Illumination of the premise's exterior shall be adequate to observe the location and activities of all persons on the exterior premises.
(Prior Code, § 12.2-6) (Ord. 726, passed - -) Penalty, see § 10.99
(A) Licenses required. All establishments, including any business operating at the time this chapter became effective, operating or intending to operate an 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.
(B) Applications. An application for a license must be made on a form provided by the city.
(1) 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.
(2) 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.
(3) 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 owner, 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 as to the disposition thereof, the names and addresses of all creditors of the applicant, owner, lessee or manager insofar as regarding the credit which has been extended for the purposes of constructing, equipping, maintaining, operating or furnishing or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of the business.
(4) If the application is made on behalf of a 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 the business and, in the case of a corporation, the names, addresses and dates of birth of 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 the operation.
(5) 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.
(6) The license fee required by this chapter has not been paid.
(7) All applicants shall furnish to the city, along with their applications, complete and accurate documentation regarding whether applicant has been convicted of any of the following offenses:
(a) Any sex crimes as defined by M.S. §§ 609.293 through 609.352 inclusive, as may be amended from time to time, or as defined by any ordinance or statute in conformity therewith;
(b) Any obscenity crime as defined by M.S. §§ 617.23 through 617.299 inclusive, as 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 the date of the 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 of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(c) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant or applicant's spouse.
(C) Requalification. An applicant who has been convicted of an offense listed in division (B)(7) above may qualify for an adult oriented business license only when the time period required by division (B)(7) above has elapsed.
(D) 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 it may be easily read at any time.
(E) Council action. The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted; 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 120 days from the date that the deficiency has been corrected.
(F) 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 Clerk of the municipality.
(Prior Code, § 12.2-7) (Ord. 726, passed - -) Penalty, see § 10.99
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