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)

615.020. Exceptions.

This section does not regulate the following:

1.   material with significant literary content or social commentary;

2.   a business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if the sexually-oriented material on each item is blocked from view by an opaque cover as required under Minn. Stat. § 617.293, and each item is in an area accessible only by an employee of the business;

3.   a person or organization exempted under Minn. Stat. § 617.295;

4.   activity regulated under Minn. Stat. § 617.251;

5.   displaying works of art showing specified anatomical areas, so long as no sexually- oriented materials are for sale, and the business does not have a liquor license; and

6.   movies rated G, PG, PG13, NC-17, or R.

(Amended by Ord. No. 2002-15, adopted May 20, 2002)

615.025. License Required.

No person may own or operate a sexually-oriented business within the city of Minnetonka unless the person is currently licensed under this section.

615.030. Persons Ineligible.

No license may be issued to a person who:

1.   is not a citizen of the United States or a resident alien;

2.   is a minor at the time the application is filed;

3.   has been convicted of a crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the owner, operator, or manager of a sexually-oriented business under Minn. Stat. § 364.03, subd. 3, or a person not of good moral character and repute;

4.   holds a liquor license under Minnetonka city code section 600;

5.   in the judgment of the licensing authority is not the real party in interest or beneficial owner of the business operated under the license;

6.   has had a license for a sexually-oriented business or similar business revoked anywhere within five years of the license application; or

7.   in the case of an individual, is not a resident of the twin cities; in the case of a partnership, the managing partner is not a resident of the twin cities; or in the case of a corporation, the manager is not a resident of the twin cities. The required residency must be established by the time the license is issued and maintained throughout the existence of the license and all renewals. The time for establishing residency within the twin cities may, for good cause, be extended by the licensing authority. For the purposes of this paragraph, the twin cities means the seven-county metropolitan area defined by Minn. Stat. § 473.121, subd. 2.

615.035. Places Ineligible.

No license may be issued for:

1.   a place or a business ineligible for a license under city ordinance or state law;

2.   operation in a zoning district where the business is not allowed pursuant to section 300.33 of this code;

3.   a place or business that is currently licensed as a tattoo establishment, pawnshop, massage business, or establishment that sells alcoholic beverages; or

4.   operation on a premises on which taxes, assessments or other financial claims of the city or other government agency are delinquent and unpaid, unless the non-payment is not under the control of the applicant.

615.040. License Application.

1.   The application for a sexually-oriented business license under this section must be made on a form supplied by the city and must provide the following information:

   a.   the business in connection with which the proposed license will operate;

   b.   the location of the business premises;

   c.   the legal description of the premises to be licensed including a map of the area for which the license is sought, showing dimensions, locations of buildings, street access and parking facilities;

   d.   whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid;

   e.   whether the applicant is the owner and operator of the business and if not, who is;

   f.   whether the applicant has ever used or been known by a name other than his/her true name, and if so, what was the name, or names, and information concerning dates and places where used;

   g.   whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse;

   h.   street address at which applicant and spouse have lived during the preceding ten years;

   i.   kind, name and location of every business or occupation applicant and spouse have been engaged in during the preceding ten years;

   j.   names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years;

   k.   whether the applicant or spouse has ever been convicted of a violation of a state law or local ordinance, other than a non-alcohol related traffic offense. If so, the applicant must furnish information as to the time, place and offense for which convictions were had;

   l.   whether the applicant or spouse has ever been engaged as an employee or in operating a sexually-oriented business, massage business, or other business of a similar nature. If so, applicant must furnish information as to the time, place and length of time;

   m.   whether the applicant has ever been in military service. If so, the applicant must, upon request, exhibit all discharges;

   n.   if the applicant is a partnership, the name and address of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner, or partners, must be designated. The interest of each partner, or partners in the business must be submitted with the application and, if the partnership is required to file a certificate as to trade name under the provisions of Minn. Stat. chapter 333, a copy of the certificate must be attached to the application;

   o.   if the applicant is a corporation or other organization, the applicant must submit the following:

      (1)   name, and if incorporated, the state of incorporation;

      (2)   names and addresses of all officers;

      (3)   the name of the manager or proprietor or other agent in charge of, or to be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant; and

      (4)   a list of all persons who, single or together with their spouse own or control an interest in said corporation or association in excess of five percent or who are officers of said corporation or association, together with their addresses and all information as is required for a single applicant.

   p.   the amount of the investment that the applicant has in the business, land, building, premises, fixtures, furniture, or stock in trade, and proof of the source of the money;

   q.   a list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by state or city employees in case of emergency. These persons must be residents of the twin cities metropolitan area as defined by Minn. Stat. § 473.121, subd. 2;

   r.   whether the applicant holds a current license for a sexually-oriented business or similar business from another governmental unit;

   s.   whether the applicant has ever been denied a license for a sexually-oriented business or similar business from another governmental unit; and

   t.   other information that the city deems appropriate.

2.   No person may make a false statement or material omission in a license application or investigation. A false statement or material omission is grounds for denial, suspension, or revocation of a license.

3.   Each licensee has the continuing duty to properly notify the director of community development of a change in the information or facts required to be furnished on the application for a license. This duty continues throughout the period of the license. Failure to comply with this section will constitute cause for revocation or suspension of the license.

4.   The application for the renewal of an existing license must be made at least 90 days prior to the date of the expiration of the license and must be made on the form which the city provides.

(Amended by Ord. No. 2002-15, adopted May 20, 2002)

615.045. Fees.

1.   An applicant for a license must pay to the city the investigation fee specified in section 710 of this code. This fee will be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the city believes that the public interest so warrants, it may require a similar investigation at the time of renewal of a license. If an investigation is ordered at the time of license renewal, the applicant must pay the fee specified above, except that the fee will be the smaller of the stated dollar amount or the actual cost of the investigation. There will be no refund of the investigation fee after the investigation has begun.

2.   The annual fees for a license are set forth in section 710.005 of this code.

3.   Each license expires on December 31st of the year in which it is issued. Fees for licenses issued during the license year will be prorated according to the number of months remaining in the year. For this purpose an unexpired fraction of a month will be counted as a whole month having elapsed.

4.   No refund of a fee will be made except as authorized by ordinance.