For the purpose of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES – ACCESSORY. The offering of goods and/or services which are not classified as obscene and are classified as adult uses, permitted on a limited scale, as defined by §§ 150.134 and 150.149, and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines and the sale or rental of adult motion pictures as defined in sections listed above.
ADULT USES - PRINCIPAL. The offering of goods and services which are not classified as obscene which do not meet the definition of accessory adult uses, including but are not limited to the following:
(1) ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.
(2) 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 tapes, videotapes, CD’s, CD-ROMS’s, or motion pictures film if such building or portion of a building is not open to the public generally but only to one (1) or more classes of the public excluding any minor by reason of age and if a substantial or significant portion of items are distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(3) ADULT USE - CABARET. A building or portion of a building used for providing dancing or other live entertainment, is such building or a portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.
(4) ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(5) ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(6) ADULT USE - HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, and if such club is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(7) ADULT USE - HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.
(8) ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, which provides the services of massage, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(9) ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or a portion of a building as a prevailing practice excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons herein.
(10) ADULT USE - MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent or providing sexual stimulation or sexual gratification to such customers and who engage in “specified anatomical areas” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
(11) 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 motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.
(12) ADULT USE - MOTION PICTURE THEATER. A building or a portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or a portion of a building as a prevailing practice excludes minors by virtue of age and is such material is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(13) 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.
(14) ADULT USE - SAUNA. A sauna which excludes minors by reason of age, and 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 and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(15) ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or a 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 such 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 and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(16) ADULT USE - NONCONFORMING. As of the date of the publication of this section, all non-conforming uses shall be terminated and brought into compliance with the provisions contained herein.
OBSCENE. Activities as defined by M.S. § 617.241.
SPECIFIED ANATOMICAL AREAS.
(1) 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
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical simulation 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;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
(5) 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 physical restraint of any such persons;
(6) Erotic or nude touching, fondling, or other sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 395, passed 7-6-2010)