610.070. Denial, Suspensions and Revocations of License.

1.   Grounds. A license under this section may be denied, suspended, or revoked for one or more of the following reasons:

   a.   violation of one or more provisions of this section;

   b.   violation of, or non-compliance with, any health, building, building maintenance, or other provisions of the Minnetonka city ordinances or state law;

   c.   non-compliance with the Minnetonka zoning code;

   d.   impracticality or impossibility of conducting a background or financial investigation due to the unavailability of information;

   e.   fraud, misrepresentation, or bribery in securing or renewing a license;

   f.   fraud, misrepresentation or false statements made in the application and investigation for a license, or in the course of a licensee's business;

   g.   violation within the preceding five years of any law relating to theft, damage or trespass to property, sale of a controlled substance, or operation of a pawnbroker, precious metal dealer's or secondhand dealer's business; or

   h.   non-payment of real estate taxes, assessments or other financial claims of the city or of the state for the business or premises licensed or sought to be licensed under this section. If an action has been commenced under the provisions of Minn. Stat. chapter 278, questioning the amount of validity of taxes, the council may on application by the licensee waive strict compliance with this provision. No waiver may be granted for an amount of taxes that remain unpaid for more one year after becoming due, unless the extended period is through no fault of the licensee.

2.   Sanctions.

   a.   The council may either suspend for up to 60 days or revoke a license or impose a civil fine not to exceed $2,000.00 for each violation upon a finding that the licensee or an agent or employee of the licensee failed to comply with an applicable statute, regulation or ordinance relating to the subject matter of section 610. No suspension or revocation will take effect until the licensee has been afforded an opportunity for a hearing under city code section 700.035, except the suspension provided for in paragraph b, below.

   b.   A licensee’s conviction for theft, burglary, robbery, receiving stolen property or another crime involving stolen property will result in the immediate suspension of the license by operation of this ordinance, pending a hearing on revocation of the license.

(Amended by Ord. No. 2011-12, adopted June 20, 2011; Amended by Ord. No. 2005-12, adopted May 9, 2005)

610.075. Penalty.

Except as otherwise provided by state law, a person violating a provision of this section is subject to the penalties established in section 1310 of this code. A criminal fine or sentence imposed will not affect the right of the city to suspend or revoke a license as the council deems appropriate.

(Amended by Ord. No. 2005-12, adopted May 9, 2005)

610.080. [Repealed].

(Repealed by Ord. No. 2005-12, adopted May 9, 2005)

610.085. [Repealed].

(Repealed by Ord. No. 2005-12, adopted May 9, 2005)

SECTION 615. SEXUALLY ORIENTED BUSINESSES.

615.005. Purpose.

The purpose of this section is to prescribe licensing requirements for sexually-oriented businesses to protect the public health, safety, and welfare and to prevent criminal activity and the spread of sexually transmitted diseases.

615.010. Findings.

The Minnetonka city council makes the following findings regarding the effect sexually-oriented businesses have on the character of the city’s neighborhoods. In making these findings, the city council accepts the recommendations of a task force including staff from Minnetonka and two other cities, that has studied the experiences of other urban areas where sexually-oriented businesses have located.

1.   Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, increasing the demands on city crime-prevention programs and law enforcement services.

2.   Sexually-oriented businesses can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that proper management and operation of such businesses can minimize this risk.

3.   Sexually-oriented businesses can increase the risk of exposure to communicable diseases including acquired immune deficiency syndrome (AIDS), for which there is currently no cure. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, endangering not only the patrons of such establishments but also the general public.

4.   Sexually-oriented businesses can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food or drink or both on the same premises.

5.   A licensing and regulatory scheme as prescribed in this section can facilitate the enforcement of the city’s “anti-blight” regulations in section 300.33 of the zoning code and can aid in monitoring sexually-oriented businesses for adverse secondary effects on the community.

6.   The risk of criminal activity and public health problems can be minimized through a licensing and regulatory scheme as prescribed below.

(Amended by Ord. No. 2012-07, adopted June 25, 2012)

615.015. Definitions.

The following words and terms have the following meanings when used in this section.

1.   "Sexually-oriented business" means:

   a.   a business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis:

      (1)   has more than 25% of its inventory, stock in trade, or publicly displayed merchandise in sexually-oriented materials;

      (2)   devotes more than 25% of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to sexually-oriented materials; or

      (3)   derives more than 25% of its gross revenues from sexually-oriented materials; or

   b.   a business that engages for any length of time in a sexually-oriented use as defined in subdivision 3 below or any other use that has an emphasis on specified sexual activities or specified anatomical areas.

2.   "Sexually-oriented materials" means visual, printed, or aural materials, and other objects or devices, that:

   a.   contain, depict, simulate or describe specified sexual activities or specified anatomical areas; or

   b.   are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or

   c.   are designed for sexual stimulation.

3.   "Sexually-oriented use" means any of the following activities and businesses, even if the activity exists for only a short-time:

   a.   "Adult body painting studio" means an establishment or business that provides the service of applying paint, ink, or other substance, whether transparent or non-transparent, to the body of a patron when the person is nude.

   b.   "Adult bookstore" means an establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, movies, or motion picture film if it meets the criteria established in paragraph 1. above.

   c.   "Adult cabaret" means a business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on: (1) the depiction of nudity, specified sexual activities or specified anatomical areas; or (2) the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire.

   d.   "Adult companionship establishment" means a business or establishment that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

   e.   "Adult conversation/rap parlor" means a business or establishment that provides the services of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

   f.   "Adult health/sport club" means a health/sport club that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

   g.   "Adult hotel or motel" means a hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

   h.   "Adult massage parlor/health club" means a massage parlor or health club that provides massage services distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

   i.   "Adult Mini-Motion Picture Theater" means a business or establishment with a capacity of less than 50 persons that as a prevailing practice presents on-premises viewing of movies, motion pictures, or other material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

   j.   "Adult Modeling Studio" means a business or establishment that provides live models who, with the intent of providing sexual stimulation or sexual gratification, engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted.

   k.   "Adult Motion Picture Arcade" means any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are used 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.

   l.   "Adult Motion Picture Theater" means a motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.

   m.   "Adult Novelty Business" means an establishment or business that has a variety of items for sale if it meets the criteria established in paragraph 1a above.

   n.   "Adult Sauna" means a sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

   o.   "Adult Steam Room/Bathhouse Facility" means 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, if the 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 or characterized by an emphasis on specified sexual activities or specified anatomical areas.

4.   "Specified anatomical areas" means:

   a.   less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and

   b.   human male genitals in a state of sexual arousal, whether or not completely and opaquely covered.

5.   "Specified sexual activities" means:

   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; the use of excretory functions in the context of a sexual relationship; anilingus; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pedophilia; piquerism; or zooerastia;

   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 regions, buttocks, or female breasts, except touching the buttocks of a person receiving a massage if done upon the person's request and only for medical purposes such as relieving pain or muscle soreness;

   e.   Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding, or other physical restraint of any person;

   f.   Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or

   g.   Human excretion, urination, menstruation, or vaginal or anal irrigation.

(Amended by Ord. No. 2011-25, adopted December 19, 2011; Amended by Ord. No. 2002-15, adopted May 20, 2002)