(A) Findings. Studies conducted by the Minnesota Attorney General, the American Planning Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin; have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impact on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and findings, the City Council concludes:
(1) Adult establishments have adverse secondary impacts of the types set forth above;
(2) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements and health requirements;
(3) It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the city;
(4) M.S. § 462.357, as it may be amended from time to time, allows the city to adopt regulations to promote the public health, safety, morals and general welfare;
(5) The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments;
(6) Adult establishments can contribute to an increase in criminal activity in the area in which the businesses are located, taxing city crime-prevention programs and law enforcement services;
(7) Adult establishments can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that the proper management and operation of the businesses can, however, minimize this risk; provided, the owners and operators of the facilities are regulated by licensing or other procedures;
(8) Adult establishments can increase the risk of exposure to communicable diseases including, but not limited to, Acquired Immune Deficiency Syndrome (AIDS) for which currently there is no cure. Experiences of other cities indicate that the businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of the establishments, but also the general public;
(9) Adult establishments can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food and/or drink on the same premises; and
(10) The risk of criminal activity and/or public health problems can be minimized through a licensing and regulatory scheme as prescribed herein.
(B) Purpose. It is the purpose of this subchapter to regulate adult establishments to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:
(1) Prevent additional criminal activity within the city;
(2) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;
(3) Locate adult establishments away from residential areas, schools, churches, libraries, parks and playgrounds; and
(4) Prevent concentration of adult establishments within certain areas of the city.
(C) Content-neutral regulation. The provisions of this subchapter have neither the purpose, nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent, nor effect, of this subchapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment or to deny access by distributors and exhibitors of adult-oriented entertainment to their intended market.
(Prior Code, § 513.01) (Ord. 734, passed 04-26-2004)