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615.055. Conditions of License.
1. A license is subject to the conditions in this section, all other provisions of this ordinance, and of other applicable regulations, ordinance or state law.
2. A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee, except criminal penalties.
3. The license must be posted in a conspicuous place in the premises for which it is used.
615.060. [Repealed].
(Repealed by Ord. No. 2002-15, adopted May 20, 2002)
615.065. Restrictions and Regulations.
A sexually-oriented business is subject to the following restrictions and regulations.
1. No owner, manager, or employee may allow sexually-oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business.
2. No owner, manager, or employee may allow a person under the age of 18 to enter the business.
3. No owner, manager, or employee may allow a person under the age of 18 to have access to sexually-oriented materials, whether by sight, purchase, touch, or another means.
4. No owner or manager may employ a person under the age of 18 on the licensed premises.
5. No owner, manager, or employee may have been convicted of a sex crime, as identified in Minn. Stat. §§ 609.293 through 609.352, 609.746 through 609.749, 609.79, 518B.01, or related statute dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse within the past five years.
6. No business may exceed 10,000 square feet in gross floor area.
7. No owner, manager, or employee may allow a patron, employee, or other person on the premises to physically contact, in public view, a specified anatomical area of himself or herself, or of another person, except that a live performer may touch himself or herself.
8. A live performer must remain at all times a minimum distance of 10 feet from members of the audience, and must perform on a platform intended for that purpose, that must be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept money, a tip, or other item from a member of the audience.
9. No business may have booths, stalls, partitioned portions of a room, or individual rooms, except as follows:
a. restrooms are allowed as long as they are no larger than reasonably necessary to serve the purposes of a restroom, no other activities are provided or allowed in the rooms, and there are no chairs, benches, or reclining surfaces in the rooms; and
b. storage rooms and private offices are allowed, if the storage rooms and offices are used solely for running the business and no person other than the owner, manager, and employees is allowed in them.
10. A licensee must not be open for business to the public:
a. between 1:00 a.m. and 8:00 a.m., on the days of Monday through Saturday; and
b. between 1:00 a.m. and 12:00 noon, on Sundays.
(Amended by Ord. No. 2002-15, adopted May 20, 2002)
615.070. Suspensions and Revocations of License.
1. Delinquent Taxes. The city council may suspend or revoke a license issued under this chapter for operation on a premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent, or unpaid, unless the non- payment is not under the control of the licensee. If an action has been commenced under 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, however, for taxes, or a portion of them, that remain unpaid for a period exceeding one year after becoming due unless the one year period is extended through no fault of the licensee.
2. Violations.
a. The council may either suspend for up to 60 days or revoke a license and impose a civil fine not to exceed $2,000.00 for a violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with an applicable statute, regulation or ordinance relating to the subject matter of section 615 or violated the statutes in subparagraph 2 below. No suspension or revocation will take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. Stat. §§ 14.57 to 14.69, with the exception of the suspension provided for in subparagraph (b) below.
b. Conviction of a sex crime, as identified in Minn. Stat. §§ 609.293 through 609.352, 609.746 through 609.749, 609.79, 518B.01, or related statute dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse by the licensee will result in the immediate suspension pending a hearing on revocation of a license issued under this chapter.
(Amended by Ord. No. 2012-07; adopted June 25, 2012)
615.075. Penalty.
Except as otherwise provided by state law, a person violating a provision of this ordinance is subject to the penalties established in section 1310 of this code. A fine or sentence imposed does not affect the right of the city to suspend or revoke the license of the licensee as the council deems appropriate.
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