Loading...
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
(A) Access. An applicant or licensee shall permit health officials, representatives of the Police Department, Fire Department and Building Inspection Division, to inspect the premises of an adult oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(B) Refusal to permit inspections. A person who operates an adult oriented business or his or her agent or employee commits an offense if she or he refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, Fire Department and Building Inspection Division at any time it is occupied or open for business. Refusal to permit inspections may result in the suspension of the license as provided in § 113.11.
(C) Exceptions. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Prior Code, § 12.2-9) (Ord. 726, passed - -) Penalty, see § 10.99
(A) Expiration. Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in § 113.07(A). Application for renewal must be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will not be affected.
(B) Denial of renewal. When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(Prior Code, § 12.2-10) (Ord. 726, passed - -)
(A) Causes of suspension. The city may suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
(1) Violated or is not in compliance with any provision of this chapter;
(2) Engaged in the use of alcoholic beverages while on the adult oriented business premises other than at an adult hotel or motel;
(3) Refused to allow an inspection of the adult oriented business premises as authorized by this chapter;
(4) Knowingly permitted gambling by any person on the adult oriented business premises; and
(5) Demonstrated inability to operate or manage an adult oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(B) Notice. A suspension by the city shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten-days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally or by leaving the same at the licensed business premises with the person in charge thereof.
(Prior Code, § 12.2-11) (Ord. 726, passed - -)
Loading...