For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SEXUALLY ORIENTED USES. Uses which include a sexually oriented arcade; sexually oriented bookstore, sexually oriented video store; sexually oriented store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented steam room, bath house or sauna; sexually oriented theater, escort agency; nude model studio; sexual encounter center and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS which are capable of being seen by members of the public. Activities classified as “obscene” as defined by M.S. § 617.241, as it may be amended from time to time, are not included.
SEXUALLY ORIENTED USES, ACCESSORY. The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale 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 sexually oriented books or magazines, or the sale and/or rental of sexually oriented motion pictures, the sale of sexually oriented novelties.
SEXUALLY ORIENTED USES, PRINCIPAL. The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to the following:
(1) ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(2) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
(3) ESTABLISHMENT. Means and includes any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(c) The addition of any sexually oriented business to any other existing sexually oriented business; or
(d) The relocation of any sexually oriented business.
(4) NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays SPECIFIED ANATOMICAL AREA is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(5) NUDITY or STATE OF NUDITY.
(a) The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or
(b) The state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
(6) SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(7) SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(8) SEXUALLY ORIENTED ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electronically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained 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 the depicting or describing of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(9) SEXUALLY ORIENTED BOOKSTORE, SEXUALLY ORIENTED VIDEO STORE, OR SEXUALLY ORIENTED STORE. A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one of more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films motion pictures, video cassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS; or
(b) Instruments, devices, or paraphernalia, which are designed for, use in connection with
SPECIFIED SEXUAL ACTIVITIES.
(10) SEXUALLY ORIENTED CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) Persons who appear in a state of nudity; or
(b) Live performances which are characterized by the exposure of
SPECIFIED ANATOMICAL AREAS or by SPECIFIED SEXUAL ACTIVITIES; or
(c) Films, motion pictures, video cassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(11) SEXUALLY ORIENTED CONVERSATION/REP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(12) SEXUALLY ORIENTED MASSAGE PARLOR. A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(13) SEXUALLY ORIENTED MOTEL. A hotel, motel or similar commercial establishment which:
(a) Offers accommodations to the public for any form of consideration; provides patrols with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(14) SEXUALLY ORIENTED MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(15) SEXUALLY ORIENTED SAUNA. A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heat bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(16) SEXUALLY ORIENTED THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES.
SPECIFIED ANATOMICAL AREA. Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola;
(2) Human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
(Ord. 191)