Sexually oriented uses principal are permitted with a conditional use permit in the I-1 (Industrial) District subject to the following conditions:
(A) Sexually oriented uses-principal shall be located at least 1,000 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented use-principal is located to the property line of:
(1) Property zoned RL-70, RL-84, RL-90, RM, and RH.
(2) Another sexually oriented use-principal.
(3) Property used for residential purposes.
(4) Church or cemetery.
(5) Schools.
(6) Day cares.
(7) Public library.
(8) Public parks/trails.
(9) State and Federal Wildlife refuge
(10) On/off sale liquor establishments.
(11) Any sensitive use as identified by the City Planner.
(B) Sexually oriented use-principal activities, as defined by this chapter, shall be classified as one use. No two sexually oriented uses-principal shall be located in the same building or upon the same property and each use shall be subject to division (A) above.
(C) Sexually oriented uses-principal shall, in addition to other sign requirements established by city code or ordinance, also adhere to the following signing regulations:
(1) Sign messages shall be generic in nature, not use any sexually oriented materials or entertainment and shall only identify the type of business which is being conducted.
(2) Sign shall not contain material classified as advertising.
(3) Signs shall comply with requirements of size and number of the district in which they are located.
(D) Both the owner and manager of a sexually oriented uses-principal shall be responsible for the conduct of their employees and for compliance with this section.
(E) No owner or manager of a sexually oriented uses-principal shall employ a person under the age of 18.
(F) No owner, manager, or employee of a sexually oriented uses-principal shall have been convicted of violating this section two of more times within 24 months.
(G) No owner, manager, or employee of a sexually oriented uses-principal shall have been convicted of a sex crime, as identified in M.S. §§ 609.293 through 609.352, 609.746 through 609.749, 609.79, 518B.01, as they may be amended from time to time, or related statute dealing with sexual assault, sexual misconduct, harassment, obscenity, or domestic abuse.
(H) The business owner, manager, or employee of a sexually oriented uses-principal shall ensure that no person under the age of 18 enters the business.
(I) No owner, manager, or employee of a sexually oriented uses-principal shall allow any person under the age of 18 to have access to sexually oriented materials, whether by sight, purchase, touch, or any other means.
(J) No owner, manager, or employee of a sexually oriented uses-principal may sell or display for sale any sexually oriented material except in original unopened packages.
(K) No owner, manager, or employee of a sexually oriented uses-principal shall allow sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business.
(L) No sexually oriented uses-principal shall be opened except between 7:00 a.m. and 10:00 p.m. Monday through Saturday.
(M) No sexually oriented uses-principal shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms are used solely for the running of the business and no person other than the owner, manager and employees are allowed in the storage rooms or offices.
(N) Each sexually oriented uses-principal shall display a sign on its main entrance door, which reads: “This business sells sexually oriented materials or entertainment. Persons under the age of 18 are prohibited from entering.” The sign letters shall be a minimum of two inches high.
(O) Sexually oriented cabaret shall adhere to the following standards and regulations:
(1) An owner, operator, or manager of a sexually oriented cabaret may not allow any dancer or other live entertainer to display specified anatomical areas or to display or perform specified sexual activities on the premises of the sexually oriented cabaret;
(2) A dancer, live entertainer, performer, patron, or any other person may not display specified anatomical areas in a sexually oriented cabaret;
(3) The owner, operator, or manager of a sexually oriented cabaret must provide the following information to the city concerning any person who dances or performs live entertainment at the sexually oriented cabaret: the person’s name, home address, home telephone number, date of birth, and any aliases;
(4) A dancer, live entertainer, performer may not be under 18 years old;
(5) Dancing or live entertainment must occur on a platform intended for that purpose and that is raised at least two feet from the level of the floor;
(6) A dancer or performer may not perform a dance or live entertainment closer than ten feet from any patron;
(7) A dancer or performer may not fondle or caress any patron and no patron may fondle or caress any dancer or performer;
(8) A patron may not pay or give gratuity to any dancer or performer; and
(9) A dancer or performer may not solicit or accept any pay or gratuity from any patron.
(Ord. 191)