The following words shall have the following meanings:
ADULT USES. Adult body painting studios, adult book or magazine stores, adult cabaret, adult car wash, adult hotels or motels, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health/sport clubs, adult saunas/steam rooms/bath houses, adult companionship establishments, adult rap/conversation parlors, adult novelty businesses, adult motion picture arcades, adult modeling studios, 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 the public could see. This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry by state conditional use permit or registered persons. This definition does not apply to public libraries. Businesses engaged in massage that are operated by a certified massage therapist also do not apply. Activities classified as obscene as defined by M.S. § 617.241 are not lawful and are not included in the definition of adult uses.
ADULT USES - ACCESSORY. The offering of goods, limited to those specified below, on a limited scale that is incidental to the primary activity and goods and/or services offered by the establishment. ADULT USE - ACCESSORY establishments are limited to the sale of adult printed material, adult movies and adult novelties.
ADULT USES - PRINCIPAL. The offering of goods and/or services classified as adult uses as a primary or sale activity of a business or establishment and include, but are not limited to, the following:
(1) ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
(2) ADULT BOOK OR MAGAZINE STORE. An establishment, building or business engaging in the barter, rental, or sale of items or merchandise consisting of printed matter, pictures, slides, records, audiotapes, videotapes, computer or video disks, motion picture film, or any other similar materials, if more than 20% of the useable floor area of the establishment, building or business, or if at least 500 square feet, whichever is smaller, has products or materials distinguished or characterized by an emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas.
(3) ADULT CABARET. An establishment, building or business that provides dancing or other live entertainment if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agents, independent contractors or persons to appear in a state of partial or total nudity in terms of specified anatomical areas.
(5) ADULT COMPANIONSHIP ESTABLISHMENT. An establishment of business 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.
(6) ADULT ENTERTAINMENT FACILITY. A building or space in which an admission is charged for entrance, or food or non-alcoholic beverages are sold or intended for consumption, and in which may be observed a live presentation of entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
(7) ADULT ESTABLISHMENT.
(a) An establishment, building or business that offers its patrons services, products or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
(b) Specifically included in the term, but without limitation, are adult book or magazine stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health clubs, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult car washes, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.
(8) ADULT HOTEL OR MOTEL. A hotel or motel which material is presented that is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(9) ADULT MASSAGE PARLOR, HEALTH/SPORT CLUB. A massage parlor or health/sport club that provide the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(10) ADULT MINI-MOTION PICTURE THEATER. A business, building or establishment with a capacity for less than 50 persons used for presenting visual media material if said material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
(11) ADULT MODELING STUDIO. An establishment or business whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
(12) ADULT MOTION PICTURE ARCADE. Any building or place to which the public is allowed or invited in which coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, computers, or other image-producing devices show images to one person or a small group of people at once, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(13) ADULT MOTION PICTURE THEATERS. A business premises with a capacity of 50 or more persons used for presenting visual media material if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
(14) ADULT NOVELTY BUSINESS. A business that has as a principal activity the sale of materials or devices that stimulate human genitals or devices designed for sexual simulation or which depict or which relate to specified sexual activities or specified anatomical areas.
(15) ADULT SAUNA/STEAM ROOM/BATHHOUSE. A business that excludes minors because of age, or which provides a steam bath or heat bathing room used for bathing, pleasure, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna/steam room/bathhouse is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
COUNCIL. The Preston City Council.
CITY. The City of Preston, Minnesota.
LICENSED FAMILY DAY-CARE HOME, LICENSED GROUP FAMILY DAY CARE HOME, LICENSED CHILD CARE CENTER. A facility holding a license from Fillmore County or Minnesota
pursuant to M.S. Chapter 245A, and/or Minnesota Rules, Chapter 9502 or Chapter 9503, as amended.
MINOR. Any natural person under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area with less than fully opaque covering; the showing of the female breast with less than fully opaque covering of any portion thereof below a point immediately above the top of the areola; or the depiction or showing of the male genitals in a discernibly turgid state.
PUBLIC LIBRARY. Any library that provides free access to all residents of a city or county without discrimination and is organized under the provisions of M.S. Chapter 134.
PUBLIC PARK. A park, reservation, open space, playground, beach or recreation or community center owned, leased, or used, wholly or in part, by a city, county, state, school district or federal government for recreational purposes.
PLACE OF WORSHIP. A building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.
SCHOOL. A building or space that is principally used as a place where ten or more persons receive a full course of educational instruction.
SEXUALLY ORIENTED BUSINESS. An adult book or magazine store, adult body painting studio, adult car wash, adult cabaret, adult hotel or motel, adult companionship establishment, adult motion picture theater, adult mini-motion picture theater, adult massage parlor, adult entertainment facility, adult health or sports club, adult novelty business, adult modeling studio, or adult sauna as defined herein. Activities classified as obscene as defined by M.S. § 617.241 are not lawful and are not included in the definition of adult uses.
SPECIFIED ANATOMICAL AREAS. Anatomical areas consist of:
(1) Less than completely and opaquely covering human genitals, pubic region or pubic hair, buttock, anus, or female breast or breasts below a point immediately above the top of the areola or any combination of the foregoing; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Activities consisting of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or fondling of unclothed genitals, pubic region, buttock or female breast, flagellation or torture in a sexual relationship, or the use of excretory functions in a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, sodomy, zooerasty;
(2) Human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use or acts of human or animal ejaculation, sexual intercourse, sodomy, oral copulation, coitus, or masturbation;
(4) Fondling or touching of human genitals, pubic regions or pubic hair, buttocks, or female breast or breasts;
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(8) Any combination of the above.
(Ord. 252, passed 9-6-2005)