A. Purposes And Intent: In the development and adoption of this section, it is recognized that:
1. There are some adult use establishments which have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods.
2. These establishments have a deleterious impact upon property values.
3. These establishments frequently become places of criminality.
4. It is the intent of this chapter to protect the well-being of the youth of the community from objectionable operational characteristics of these uses by regulating and restricting their close proximity to established facilities such as, but not limited to churches, parks, schools, and residential areas.
5. In recognition of the protections afforded to the citizens of the United States under the First and Fourteenth Amendments to the Constitution of the United States, it is neither the intent nor the effect of this chapter to inhibit the freedom of speech or the press. The provisions herein have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials.
6. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. This chapter represents a balancing of the legitimate ends of the City by imposing an incidental, content-neutral place, time and manner of regulation of sexually-oriented entertainment to sexually-oriented establishments without limiting alternative avenues of communication, and at the same time, requiring the establishments to carry their financial share of the law enforcement activities. The special regulations deemed necessary to control the undesirable effects arising from these enterprises are set forth in this chapter.
B. Findings:
1. The Little Falls City Council, in adopting this chapter, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of adult use establishments in other communities, including but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Business (June 5, 1989, State of Minnesota); on findings and recommendations in Everything You Always Wanted to Know about Regulating Sex Businesses, American Planning Association, Planning Advisory Service Report Number 495/496, December 2000; on decisions on these cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Young v. American Mini Theaters, 426 U.S. 50 (1976); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); California v. LaRue, 409 U.S. 109, 111 (1972); Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); Knudtson v. City of Coates, 519 N.W.2d 166 (Minnesota 1994); S.O.B., Inc. v. County of Benton, 371F.3d 856 (8th Cir., Minnesota 2003); Jakes, Lt., Inc., v. City of Coates, 284 F.3d 884 (8th Cir., Minnesota 2002); and Kismet Investors v. County of Benton, 617 N.W.2d 85 (Minnesota App. 2000); and the City Council's knowledge of actual conditions within the City of Little Falls and surrounding communities.
Based on these studies, cases and other documentation, the City Council hereby finds:
a. Establishments exist, have existed, or may exist within the City and nearby communities where the primary or dominant theme, of all or part of the business, is the presentation, display, depiction, or description of specified anatomical areas or specified sexual activities, as those terms are defined in this chapter. These establishments include, but are not limited to those:
(1) Distinguished by an emphasis on or the promotion of dancers, entertainers, performers, or other individuals, who perform or are presented while displaying or exposing specified anatomical areas or are presented while simulating or engaging in specified sexual activities;
(2) Where workers dance or perform in consideration for tips, remuneration or compensation from or on behalf of those customers, or offer, solicit or contract to do the same, and the product, service or entertainment is intended to provide sexual stimulation or sexual gratification to such customers;
(3) Where straddle dancing, lap dancing, private modeling, prostitution, unlawful drug transactions, or lewd and lascivious touching occurs between customers and workers or performers;
(4) Where sexually oriented media are offered for sale or rental;
(5) Where sexually oriented adult toys or novelties are offered for sale.
b. Activities exist, have existed or may exist within the City and nearby communities where sexually oriented physical contact or escort services are offered for pecuniary gain. The people involved in such activities engage in physical contact or touching with customers, including acts of prostitution, or encourage or entice customers to engage in acts of lewdness.
2. Adult uses, and the establishments in which they occur, are subject to regulation by the City in the interest of the health, safety, and general welfare of the people of the City of Little Falls.
3. The general welfare, health and safety of the citizens of this City will be promoted by enactment of this chapter.
4. Adult use establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises.
5. When adult uses are present in establishments, activities which are illegal or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution, and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property. There is a higher correlation between incidents of crime and adult use establishments that involve on- premises entertainment of any kind, as compared to those that do not have on-premises entertainment. Crime statistics show that all types of crimes, specifically sex-related crimes, occur with more frequency in neighborhoods where adult entertainment establishments are located, see, e.g., studies of the cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas.
6. When adult uses are present within establishments they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, and ultimately lead residents and businesses to move to other locations.
7. Real estate professionals believe that there is a negative impact of adult use establishments on both nearby residential and business property value. There is an inverse correlation between the level of impact and the distance between the business and other uses. In addition, the impacts on residential properties are greater than on non-residential properties.
8. The proximity and concentration of adult use establishments adjacent to residential, recreational, religious, education uses, as well as proximity to other adult use establishments can have adverse secondary effects on local establishments and residences.
9. The locational requirements established by this chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult use establishments in the City of Little Falls, and a sufficient reasonable number of appropriate locations for adult use establishments are provided by this chapter.
10. The City Council in adopting operational standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. The City Council takes note of the proliferation of adult material on the internet and its availability as an alternative avenue of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the internet. Reno v. American Civil Liberties Union (1997) 521 U.S. 844 (the principal channel through which many Americans now transmit and receive sexually explicit communication is the internet); see also: Anheuser-Busch v. Schmoke, 101 F.3d 325 329 (4th Cir.1996) rejecting First Amendment challenge to Baltimore ordinance restricting alcohol advertisements on billboards and acknowledging that the internet is an available channel of communication; U.S. v. Hockings, 129 F.3rd 1069 (9th Cir. 1997); and U.S. v. Thomas, 74 F.3rd 701 (6th Cir. 1996) (cert. denied 519 U.S. 820). The emergence of the internet provides a virtually unlimited additional source of adult oriented sexual material available to persons without regard to geographical boundaries. An adult business no longer needs to be actually physically located within a community to be available to the community.
11. The City Council also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City of Little Falls, and thus certain requirements with respect to the ownership and operation of adult use establishments are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems.
12. Alcohol consumption in adult use establishments increases the likelihood of crime, illegal drug use, and illegal sexual activity, and encourages undesirable behavior that is not in the interest of the public health, safety and welfare. See, e.g., Artistic Entertainment, Inc. v. City of Warner, Robins, 223 F.3d 1306, 1309 (11th Cir. 2000); Sammy's Ltd. v. City of Mobile, 140 F.3d 993, 996 (11th Cir. 1998), cert. denied, 529 U.S. 1052, 146 L. Ed. 2d 459, 120 S. Ct. 1553 (2000).
13. The concurrence of the sale and/or consumption of alcoholic beverages with adult uses is hazardous to the health and safety of those persons in attendance, depreciates the value of adjoining real property, harms the economic welfare of the City and adversely affects the public's interest in the quality of life in the City.
14. In order to preserve and safeguard the health, safety, morals, and general welfare of the people of the City, it is necessary and advisable for the City to prohibit the sale and consumption of alcoholic beverages at or near establishments where adult uses occur.
15. The potential dangers to health, safety, and general welfare of the citizens of the City posed by permitting adult use establishments to operate without first obtaining a license and securing a conditional use permit prior to their being allowed to operate. A thorough but prompt investigation and review of the permit will facilitate this public purpose. Suspension or revocation of adult entertainment licenses or conditional use permits at which violations of either the licensing ordinance or the land use ordinance occur, upon adequate proof at administrative proceedings of the occurrence of such acts, will serve to protect the community from such danger by deterring or ending the use of the establishment for future specified acts which are criminal or violate this chapter. Access to prompt judicial review for denial, suspension or revocation of a license or land use permit will protect the rights of the licensee or applicant.
16. Prohibiting adult use establishments from operating within set distances of areas zoned for residential use, religious institutions, and parks and other areas where minors are customarily found, will serve to protect minors from the adverse secondary impacts that accompany such establishments.
17. Adult use establishments involve activities that are pure conduct engaged in and for the purpose of making a profit, rather than speech or expressive activity, and therefore are subject to regulation to protect the health, welfare and safety of the community.
18. Operators or workers of adult entertainment establishments who have the authority to direct or control other workers at, or the operation of, an adult entertainment establishment, should be subject to penalties for allowing violations of either the licensing ordinance or the land use ordinance to occur. This will discourage such operators from allowing or encouraging violations of these ordinances for the purpose of increasing profits at the establishment to the detriment of the community and contrary to the purposes of these ordinances.
19. Sexual acts, including masturbation, and/or anal sex, occur at adult entertainment establishments, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows. See, e.g., California v. LaRue, 409 U.S. 109, 111 (1972); see also Final Report of the Attorney General's Commission on Pornography (1986) at 377.
20. Offering and providing such booths and/or cubicles encourages such activities, which creates unhealthy conditions. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 376-77.
21. Persons frequent certain adult theaters, adult arcades, and other adult entertainment establishments, for the purpose of engaging in sex within the premises of such adult entertainment establishments. See, e.g., Arcara v. Cloud Books, Inc., 478 U.S. 697, 698 (1986); see also Final Report of the Attorney General's Commission on Pornography (1986) at 376-77.
22. At least fifty (50) communicable diseases may be spread by activities occurring in adult entertainment establishments including, but not limited to, syphilis; gonorrhea; human immunodeficiency virus infection (HIV-AIDS); genital herpes; hepatitis B; Non A, Non B amebiasis; salmonella infections; and shigella infections. See, e.g., Study of Fort Myers, Florida.
23. Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of adult entertainment establishments where persons view "adult" oriented films. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377.
24. Nude dancing in adult use establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S. 560, 583 (1991).
25. Nude dancing in adult use establishments increases the likelihood of drug-dealing and drug use. See, e.g., Kev, Inc. vs. Kitsap County, 793 F.2d 1053, 1056 (9th Cir. 1986).
26. Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult use establishments.
27. The disclosure of certain information by those persons ultimately responsible for the day-to-day operations and maintenance of the adult entertainment establishment, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity.
28. When more than one adult entertainment establishment use occupies the same location or business address, the secondary effects caused by such businesses are increased. Secondary effects are eliminated or controlled to a greater degree when only a single adult entertainment establishment use is allowed to occupy the same location.
C. Definitions: For the purpose of this section, certain terms or words used herein shall be interpreted as defined in section 11.02 of this chapter.
D. License Requirement:
1. Required; Types: No person, firm or corporation shall operate or allow the operation of an adult use establishment on property under the person's ownership or control without a validly issued license as required by this subsection D. The license shall be one of the following types:
a. Principal adult use; or
b. Accessory adult use.
2. Application: The applicant for an adult use license shall complete an application on a form provided by the City. This application shall include:
a. For all applicants:
(1) The parcel number and legal description of the property where the adult use establishment is proposed.
(2) A detailed floor plan, drawn to scale, showing the type of activities, which will be conducted in each area of the adult use establishment, including a statement of the total floor space occupied by the business.
(3) The proposed hours of operation.
(4) A sewage treatment system design that meets the requirements of the City of Little Falls and the State of Minnesota.
(5) A statement of the type of adult use license (principal or accessory) being applied for.
(6) Sufficient evidence that all setback requirements in this chapter will be met. When deemed necessary, a survey of the property and proposed uses prepared by a qualified surveyor may be required.
(7) Whether the applicant is a natural person, corporation, partnership or other form of organization.
(8) The name and street address of the business. If the business is to be conducted under a designated name or style other than the name of the applicant, a certified copy of the certificate required by Minnesota Statutes 333.01, as amended from time to time, shall be submitted.
(9) Whether the applicant has had a previous adult use establishment license suspended or revoked.
b. If the applicant is a natural person:
(1) The name, place and date of birth, street, city and mailing address, and phone number of the applicant.
(2) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used.
(3) The street and city addresses at which the applicant has lived during the preceding two (2) years.
(4) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding two (2) years and name(s) and address(es) of the applicant's employer(s) and partner(s), if any for the preceding two (2) years.
(5) Whether the applicant has ever been convicted of a gross misdemeanor or felony relating to sex offenses, obscenity offenses, or adult use establishments.
c. If the applicant is a partnership:
(1) The name(s) and address(es) of the partnership, the name(s) and address(es) of all partners and all of the information concerning each partner that is required of applicants in this subsection D.
(2) Whether the partnership is general or limited.
(3) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes 333.01, as amended from time to time, a certified copy of the certificate shall be attached to the application.
d. If the applicant is a corporation or other organization:
(1) The name of the corporation or business form, and if incorporated, the date and state of incorporation.
(2) A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes 303.06, as amended from time to time, shall be attached. If the entity is a limited liability company, then true and accurate copies of the Articles of Organization and any membership agreements shall be attached to the application.
(3) The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all of the information concerning each manager, proprietor or agent that is required of the applicants in this subsection D.
(4) Accurate and complete business records, showing the names, addresses and dates of birth of all officers, directors and controlling stockholders for the business.
(5) The name of the registered corporate agent and the address of the registered office for service of process.
3. License Issuance, Expiration, Renewal, Suspension And Revocation:
a. License Eligibility:
(1) An applicant may qualify for a license:
(A) If they are at least twenty one (21) years of age; and
(B) If they are not overdue in payments to a city, county, state or Federal government of taxes, fees, fines or penalties or charges for Municipal services and utilities assessed against them or imposed upon them; and
(C) If they have not been convicted of a misdemeanor, gross misdemeanor or felony relating to sex offenses, obscenity or adult use establishment; and
(D) If they are not an owner of five percent (5%) or more of a business entity which has been convicted of a misdemeanor, gross misdemeanor or felony relating to sex offenses, obscenity offenses, or adult use establishments; and
(E) If more than one year has elapsed in the case of a previous license revocation; and
(F) If more than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is later, in the case of a misdemeanor or gross misdemeanor offense; and
(G) If more than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is later, in the case of a felony offense; and
(H) If more than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is later, if the conviction is of two (2) or more misdemeanor or gross misdemeanor offenses or combination of misdemeanor or gross misdemeanor offenses occurring within any 24-month period.
b. License Issuance:
(1) The City shall investigate all facts set out in the application. Each owner of the establishment be it individual, or in the case of business entity owner, any owner of five percent (5%) or more of the business entity, shall be subjected to a criminal history background check by the Little Falls Police Chief or his designee. Costs of the criminal history investigations shall be borne by the applicant according to the fee schedule established by the City Council.
(2) The application for the adult use establishment license shall not be considered complete until all required information has been furnished, the investigation has been completed by the Police Chief, and a report provided to the City Administrator by the applicant.
(3) The City Council shall hold a public hearing with notification equivalent to that required for a conditional use permit within thirty (30) days after receiving a complete application. At the hearing opportunity shall be given to any person to be heard relating to the granting of the license. The City Council shall grant or deny said adult use establishment licenses within thirty (30) days of the conclusion of the hearing.
(A) Denial: The City will issue a license to an applicant unless one or more of the following conditions exist:
(i) The applicant has not met the eligibility requirements as noted in this chapter;
(ii) The applicant failed to supply all of the information required on the license application;
(iii) The applicant gives false, fraudulent or untruthful information on the license application;
(iv) The adult use establishment is not in full compliance with this Code and all provisions of County, State and Federal law;
(v) The applicant has not paid the required license fee;
(vi) The applicant has been denied a license by the City or any other Minnesota Municipal corporation to operate an adult use establishment or such license has been suspended or revoked within the preceding twelve (12) months;
(vii) The applicant is not the proprietor of the establishment for which the license is issued; or
(viii) The adult use establishment owner or operator holds an intoxicating liquor, beer or wine license applicable to the premises.
(B) Expiration And Renewal:
(i) An adult use establishment license expires on December 31 of each calendar year.
(ii) A licensee may renew a license by completing an application as required for a new license. The applicant will be allowed to continue business until the City has determined whether the applicant meets the criteria for renewal of the license. If the City denies the renewal, the applicant shall not be issued a license for one year from the date of denial.
c. Suspension:
(1) The City may suspend a license beginning on January 1 if the licensee fails to make application for renewal of the license. The suspension shall remain in effect until such time as the applicant has made application and the license has been approved by the City, or until the license has been revoked in accordance with this chapter;
(2) The City may suspend a license for a period not to exceed thirty (30) days if it determines that the licensee or an employee of a licensee has:
(A) Violated or is not in compliance with any provisions of this chapter;
(B) Allowed or engaged in the sale or use of alcoholic beverages while on the adult use establishment premises other than at an adult hotel or motel;
(C) Refused to allow an inspection of the adult use establishment as authorized by this chapter;
(D) Knowingly permitted unlawful gambling by any person on the adult use establishment premises;
A suspension by the City shall be preceded by written notice to the licensee and, except in the case of failure to make application for renewal, a public hearing. The notice shall give at least ten (10) days' notice of the time and place of the hearing and shall state the nature of the alleged violations of the licensee or their employee. 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, or by mailing the notice by United States mail to the last known address of the owner or agent authorized to receive legal notices for the business as listed on its license application.
d. Revocation:
(1) The City may revoke a license if:
(A) A licensee fails to make application for renewal of the license by February 28 of the year after the previous license has expired;
(B) A cause of suspension occurs and the license has been suspended at least once before within the preceding twelve (12) months;
(C) It determines that:
(i) A licensee gave false or misleading information in the material submitted to the City during the application process;
(ii) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(iii) A licensee or an employee has knowingly allowed prostitution on the premises;
(iv) A licensee has been convicted of an offense listed in this subsection D3 for which the time period required has not elapsed; or
(v) Except in the case of an adult hotel or motel, a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises.
(2) The fact that a conviction for an offense listed in this chapter, is being appealed shall have no effect on the revocation of the licensee.
(3) When the City revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult use establishment license for one year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license is revoked due to a criminal conviction under this subsection D3, an applicant may not be granted another license until the appropriate number of years required under this subsection D3 has elapsed.
e. Procedures For Appeal: Nonrenewals, suspensions and revocations of an adult use establishment license are governed by the following:
(1) In the event that the City proposed to not renew, to suspend or to revoke a license, the City will notify the licensee in writing of the basis for the action. The City will hold a hearing for the purpose of determining whether to not renew, to suspend or to revoke the license, except in the case of failure to apply for renewal of the license by February 28 following the date the license expires. The hearing must be within thirty (30) days of the date of the notice. The City Council must determine whether to not review, to suspend or to revoke a license within thirty (30) days after the close of the hearing or within sixty (60) days of the date of the notice, whichever is sooner. The City must notify the licensee of its decisions within that period.
(2) If the City determines to suspend or revoke a license, the suspension or revocation is not effective until fifteen (15) days after notification of the decision to the licensee. If, within fifteen (15) days, the licensee files and serves an action in State or Federal court challenging the City's action the suspension or revocation is stayed until the conclusion of such action.
(3) If the City Council determines not to renew a license, the licensee may continue its business for fifteen (15) days after receiving notice of such nonrenewal, if the licensee files and serves an action in State or Federal court within the fifteen (15) days for the purpose of determining whether the City acted properly, the licensee may continue in business until the conclusion of the action.
(4) After denial of an application or a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such action in any court of competent jurisdiction.
f. Inspection:
(1) An applicant or licensee shall permit health officials, representatives of the Police Department, Fire Department and building inspector, to inspect the premises of an adult use establishment for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. The licensee is at all times responsible for the conduct, activity and operation of the business.
(2) Refusal to permit a lawful inspection of the premises by health officials, representatives of the Police Department, Fire Department and building inspector, to inspect the premises of an adult use establishment for the purpose of ensuring compliance with the law, at any time it is occupied or open for business is a violation of this chapter. Refusal to permit inspections may result in nonrenewal, suspension or revocation of the license.
(3) The provisions of this section do not apply to areas of an adult hotel or motel that are currently being rented by a customer for use as a permanent or temporary habitation. Temporary habitation is defined as a period of time at least twelve (12) hours.
g. Transfer Of License: A licensee shall not transfer this license to another, nor shall a licensee operate an adult use establishment under the authority of a license at any place other than the address designated in the application.
h. Changes In Design Or Use:
(1) If an applicant makes any changes in the proposed design or use of the property, or any other changes to the information submitted in the application, before a license is issued, the applicant shall submit the proposed changes in writing to the City.
(2) If an adult use licensee proposes changes in the design, construction or use of an already permitted adult use, the license holder must submit to the City of Little Falls a detailed description of the proposed change in writing and no change can be made unless and until the City issues a written opinion that the change complies to all requirements of this chapter.
i. Granting Of Permit:
(1) The City shall issue a license only to the owner of the real property or to an applicant who has express written permission from the owner to use the land for an adult use.
(2) An adult use license shall be valid only for the specific building and type of use described in the application.
(3) Adult uses are subject to the location restrictions, performance standards, and conditions listed in this chapter.
(4) The license, if granted, must state on its face the name of the person or entity to whom it is granted, the expiration date, and the address of the adult use establishment. The license must be posted in a conspicuous place at or near the entrance to the adult use establishment.
(5) The licensee must keep itemized written records of all transactions involving the sale, rental or loan of any items or merchandise for at least twelve (12) months after the transaction. At a minimum those records must describe the date of the transaction, a description of the transaction, the purchase or rental price, and a detailed description of the item or merchandise that is being purchased or rented. These written records must be provided to the City or to law enforcement upon request.
j. Responsibility To Obtain Other Permits/Licenses: The granting of any permit or license pursuant to requirements of this chapter, or other applicable City of Little Falls ordinances, shall not relieve applicants of their responsibility to obtain any required County, State and Federal permits and/or licenses.
E. License Fees: Each application for an adult use license shall be accompanied by the required fee. All fees shall be paid at the time of application.
The annual license fee for adult use establishment is set annually by the City Council by resolution. If eight (8) months of any licensing year have elapsed when an application is made, the fee shall be reduced to one-half (1/2) of the regular amount. The fee is nonrefundable.
F. Location Restrictions: The City may issue an adult use license to businesses, subject to the following conditions:
1. General Prohibitions:
a. Activities classified as obscene as defined by Minnesota Statutes, section 617.241, as amended from time to time, or successor statutes, are not permitted and are prohibited.
b. No principal adult use shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment that is prohibited by any applicable ordinance of the City of Little Falls, Morrison County, the laws of the State of Minnesota or the United States of America. Nothing in this chapter shall be construed as authorizing or permitting conduct that is prohibited or regulated by other statutes or ordinance prohibiting the exhibition, sale or distribution of obscene materials generally, or the exhibition, sale or distribution of specified materials to minors.
c. No principal adult use shall be conducted in any manner that permits the perception of observation from any property not containing a licensed adult use establishment of any materials depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means.
d. A building owner or operator may not have more than one adult use present in the same building or structure.
2. Location Restrictions:
a. All Adult Use Establishments (Principal Or Accessory):
(1) Adult use establishments may only be located in business or industrial zoned districts.
(2) Adult uses 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 or where such activity would reasonably be visible by minors.
b. Principal Adult Use:
(1) A principal adult use shall be set back a minimum of one thousand seven hundred feet (1,700') from the following land uses:
(A) Any other principal adult use or accessory adult use;
(B) Church;
(C) School;
(D) Public library;
(E) Public park;
(F) Pool hall, video arcade or other entertainment facility open to minors;
(G) Hotel or motel;
(H) Licensed daycare/child care home or center;
(I) Licensed group family daycare home or center; or
(J) Any building that contains a business that sells or dispenses nonintoxicating or intoxicating liquors or holds a consumption and display permit.
c. Accessory Adult Use: An accessory adult use shall meet the same setback as is required for structures within the applicable zoning district.
If such setbacks effectively eliminate all areas within the City to locate an adult use establishment, the City shall reduce the required setback only so much as is necessary to reasonably allow for the use and may require fencing, screening or other conditions of the approval as deemed necessary to protect the public health, safety and welfare. In no case shall the setback be reduced to less than what is required for a structure in the relevant zoning district, without application for and approval of a variance.
Measurements shall be made in a straight line, without regard to township, City or County boundaries, intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where a principal adult use or accessory adult use is conducted, to the nearest property line of the premises of the uses listed.
3. Liquor:
a. A principal adult use shall not sell or dispense nonintoxicating liquors or hold a consumption and display permit, as those terms are defined in Minnesota Statutes 340A, nor shall an adult use be located in a building that contains a business that sells or dispenses nonintoxicating or intoxicating liquors or holds a consumption and display permit.
b. A principal adult use shall not allow the consumption of nonintoxicating or intoxicating liquors anywhere on a parcel containing that use or business.
4. Building And Property Standards:
a. Lighting: All parking lots and exterior business premises shall be lit in such a way so that they are visible to law enforcement without the aid of flashlights and/or spotlights.
b. Entrances: All entrances to a principal adult use, with the exception of emergency fire exits that are not useable by patrons to enter the business, shall be visible from a public right-of- way.
G. Hours Of Operation: Principal adult uses shall not be open at any time on Sunday nor between the hours of twelve o'clock (12:00) midnight and four o'clock (4:00) P.M. on the days of Monday through Saturday.
H. Adult Cabarets: The following additional conditions apply to adult cabarets:
1. No dancers, live entertainer, performer or patron shall be under eighteen (18) years of age.
2. All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet (2') from the level of the floor.
3. No dancer, live entertainers or performer shall perform or dance closer than ten feet (10') from any patron unless such dancer or performer is enclosed behind a floor to ceiling glass or other partition.
4. No dancer or performer shall fondle, caress or touch any patron and no patron shall fondle, caress or touch any dancer or performer.
5. An adult cabaret shall maintain and retain for a period of two (2) years the names, addresses and ages of all persons engaged, hired or employed as dancers or performers by a licensee.
I. Viewing Booths: The following additional regulations apply to viewing booths:
1. Individual motion picture viewing booths must be without doors and the occupant must be visible at all times.
2. Only one person may be in a viewing booth at a time.
3. Walls separating booths must be such that the occupants cannot engage in sexual activity.
4. Each booth must be kept clean and sanitary.
5. The booths shall be adequately lit such that the occupant is visible at all times.
J. Nudity Prohibited: No person may be nude on the premises of any adult use establishment.
K. Sign Restrictions: Signs identifying or advertising adult use establishments must comply with the following restrictions:
1. Signs shall be limited to the size, number of signs and other performance standards that are permitted in the district in which the use is located.
2. No photos, pictures, digital representations or visual depictions of any person, product, device or service relating to "specified sexual activities" or "specified anatomical areas" shall be displayed on any sign.
3. No merchandise, photos, illustrations, representations or pictures of the sexually oriented products, activities or entertainment offered on the premises of the adult use may be displayed in an area where such items can be viewed from a sidewalk, public right-of-way or any building or structure adjoining or adjacent to the adult use establishment.
L. Penalty: Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to the penalties for a misdemeanor as prescribed by State law. Each day the violation continues shall be considered a separate misdemeanor offense punishable by a separate misdemeanor penalty. The City may also enforce any provision of this chapter by mandamus injunction or any other appropriate civil remedy in any court of competent jurisdiction. (Ord. 96, 6th Series, eff. 9-5-2017)