For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USE RELATED TERMS.
ADULT USES. Include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, 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 M.S. § 617.241, as it may be amended from time to time are not included.
1. 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 discernible turgid state, even if completely and opaquely covered.
2. 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;
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 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.
ADULT USE - ACCESSORY. The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of these items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties and the like. (Also see applicable sections of the City Zoning Code for further requirements defining ADULT USE ACCESSORY.)
ADULT USES - PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and included but are not limited to the following:
ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substances, whether transparent or non-transparent, to or on 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, compact discs, computer software, digital recordings, motion picture film or other communication mediums 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 or if a substantial or significant portion of the items are distinguished or 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 or if dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or 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 or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT USE - HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age or if the club is distinguished or 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 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 USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age and which provides the services of massage, if the service is distinguished or 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 or if the material is distinguished or 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, or figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to 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 motor picture machines, projectors of 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 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 or if the material is distinguished or 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, or 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 or 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 pleasure, 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 if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
CITY ADMINISTRATOR. The City Administrator of the City of Lino Lakes.
LICENSEE. A person in whose name a license to operate an adult use business has been issued, as well as the individual listed as an applicant on the application for a license.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SUBSTANTIAL ENLARGEMENT. SUBSTANTIAL ENLARGEMENT of an adult use business means the increase in floor area occupied by the business by more that 25%, as the floor area existed on the effective date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL. Transfer of ownership or control of an adult use business means and includes any of the following:
(1) The sale, lease or sub-lease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Prior Code, § 613.02) (Ord. 93-16, passed 10-11-1993)