(A) Permit required. No person, firm or corporation shall own or operate an adult use principal business in the City of Preston without having first secured a permit as provided herein.
(B) Application form. The city shall prepare an application form for an adult use principal permit. This application shall include:
(1) The name, residence, phone number and birth date of the owner(s) and applicant(s), if an individual; and, if a corporation, partnership, LLC, or similar entity, the names, residences, phone numbers and birth dates of those owner(s) holding more than 5% of the issued and outstanding stock of the corporation or ownership interest in a partnership, LLC or similar entity.
(2) The name, address, phone number and birth date of the operator and manager of such operation, if different from the owner(s) or applicant(s).
(3) The address and legal description of the building, establishment or premises where the adult use or sexually oriented business is to be located.
(4) A statement detailing each gross misdemeanor or felony and/or the operation of adult uses and related activities of which the owner(s) or applicant(s) or, for a corporation, the owner(s) of more than 5% of the issued and outstanding stock of the corporation, or ownership interest in a partnership, LLC or similar entity, have been convicted, and whether the applicant(s) or owner(s) has ever applied for or held a conditional use permit to operate a similar type of business in other cities.
(5) A detailed description of the activities and types of business to be conducted.
(6) The hours of operation.
(7) A detailed description of the provisions made to restrict access by minors.
(8) A building plan of the premises detailing internal operations and activities.
(9) A description or building plan that details all proposed interior and exterior changes to an existing building or structure.
(10) All owners, operators, and employees must be fingerprinted and a criminal background check completed.
(C) Permit fees.
(1) A fee as established by the Preston City Council shall be paid at the time of the submittal of an application for an adult use or sexually oriented business.
(2) Each application shall contain a provision on the application in bold print stating that any withholding of information or the providing of false or misleading information will be grounds for the denial or revocation of a permit. Any changes in the information provided on the application or provided during the investigation shall be reported in writing to the city by the owner(s) or applicant(s) or permittee within ten days of change. If said changes take place during the investigation, the data shall be provided to the Zoning Administrator in writing, and the administrator shall report the changes to the City Council. Failure to report said changes by the applicant(s) or owner(s) or the permittee within ten days may result in a denial or revocation of a permit in the sole discretion of the City Council.
(3) Applicant shall pay cost of criminal background check as part of permit fee.
(D) Granting of a permit.
(1) The city staff and police shall have 45 days to conduct an investigation of the information provided as part of the application process.
(2) The city shall only issue the permit to the owner(s) of the business applying for the permit. The permit shall not be transferred to another holder. The city shall only issue each permit for the premises or location described in the application.
(E) Persons ineligible for a permit. The city shall not grant a permit to nor may one be held by any person who:
(1) Is less than 21 years of age;
(2) Has been convicted of a felony or gross misdemeanor. A criminal check will be completed.
(3) Is not the proprietor of the establishment for which the permit is issued.
(4) Has not paid the permit fees or cost of the criminal background check as required by this chapter.
(5) Is not a citizen of the United States.
(6) Has had an adult use or similar permit revoked under an ordinance or statute similar to this.
(7) If a corporation, LLC or other entity, person holding ownership interest may not possess any of the above disqualifying factors.
(F) Places ineligible for a permit.
(1) No permit shall be granted for adult uses and sexually oriented business on any premises where a permittee has been convicted of a violation of this chapter, or where any permit hereunder has been revoked for cause, until one year has elapsed after such conviction or revocation.
(2) Except uses lawfully existing at the time of this chapter adoption, no permit shall be granted for any adult use and sexually oriented business that does not meet all city ordinance requirements and all provisions of state and federal law.
(G) Non-conforming uses. Any adult use and sexually oriented business existing on the effective date of the adoption of this chapter may be continued subject to the following provisions:
(1) No such adult use and sexually oriented business shall be expanded or enlarged except in conformity with the provision of this chapter;
(2) A nonconforming adult use and sexually oriented business shall be required to apply for and receive an adult use and sexually oriented business permit from the city.
(H) Conditions for granting a permit - generally.
(1) A permit shall be granted subject to the conditions in the following subdivisions and all other provisions of this chapter and of any applicable city, county, state and federal law.
(2) All permitted premises shall have the permit posted in a conspicuous place.
(3) No mirror shall be allowed in or on the premises of an adult use and sexually oriented business.
(4) Any designated inspection officer or law enforcement officer of the city shall have the right to enter, inspect, and search the premises of a permittee during business hours.
(5) Every permittee shall be responsible for the conduct of their place of business and shall maintain conditions consistent with this chapter and the city ordinances generally.
(6) No adult goods, materials or services shall be offered, sold, transferred, conveyed, given, displayed or bartered to any minor.
(I) Conditions of a permit - adult use principal. The city permits adult use principal/sexually oriented businesses only in the I-1 industrial zoning district, subject to the following conditions:
(1) No adult use principal/sexually oriented business shall be located closer than 1,000 feet from any other adult use principal/sexually oriented business either within or beyond the municipal boundary or the City of Preston. Measurements shall be made in a straight line, without regard to boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult use principal/sexually oriented business to the nearest point of the actual business premises of any other adult use principal/sexually oriented business.
(2) No adult use principal/sexually oriented business shall be located closer than 1,000 feet from any place of worship, school, hospital, public park, public recreational trail, licensed family day-care home, licensed group family day-care home, public library, or licensed child care or day care center either within or beyond the municipal boundary or the City of Preston. Measurements shall be made in a straight line, without regard to boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult use principal/sexually oriented business to the nearest property line of the premises or building used as a place of worship, school, hospital, public park, public recreational trail, licensed family day-care home, licensed group family day-care home, public library, or licensed child care or day care center.
(3) No adult use principal/sexually oriented business shall be located closer than 750 feet from any dwelling, any residential zoning district or any residential planned unit development (PUD) either within or beyond the municipal boundary or the City of Preston. Measurements shall be made in a straight line, without regard to boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult use and sexually oriented business to the nearest residential lot line, boundary of the residential zoning district or planned unit development (PUD).
(4) All adult uses and sexually oriented businesses must follow this entire chapter.
(5) The city prohibits any building owner(s) or operator from having more than one of the following uses, tenants or activities in the same building or structure:
Adult body painting studio;
Adult book store;
Adult cabaret;
Adult car wash;
Adult companionship establishment;
Adult entertainment facility;
Adult hotel or motel;
Adult modeling studio;
Adult sauna/steam room/bathhouse;
Adult motion picture theater;
Adult mini-motion picture theater;
Adult massage parlor;
Adult health/sports club;
Adult novelty business;
Any business or establishment in which there is an emphasis on the presentation, display, depiction, or description of specified sexual activities or specified anatomical areas that the public can see.
(6) An adult use principal/sexually oriented business shall not sell or dispense non- intoxicating or intoxicating liquors, nor shall it be located in a building that contains a business that sells or dispenses non-intoxicating or intoxicating liquors.
(7) No adult use principal/sexually oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment that is prohibited by any ordinance of the City of Preston, the laws of the State of Minnesota or the United States of America. Nothing in this chapter shall be construed as authorizing or permitting conduct that is prohibited or regulated by other statutes, ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.
(8) No adult use principal/sexually oriented businesses shall be conducted in any manner that permits the perception or observation from any property not approved as an adult use of any materials depicting, describing or relating to specified sexual activities or specified anatomical areas by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means.
(9) All adult use principal/sexually oriented businesses shall prominently display a sign at the entrance and located within two feet of the door opening device of the adult use establishment or section of the establishment devoted to adult books or materials which states: "This business sells or displays material containing adult themes. Persons under 18 years of age shall not enter".
(10) No person under the age of 18 years shall be permitted on or in the premises of an adult use or sexually oriented business establishment. No person under the age of 18 years shall be permitted access to material displayed, offered for sale, given, transferred, conveyed or rented by an adult use or sexually oriented business.
(11) Adult use principal/sexually oriented businesses shall not be open between the hours of 12:01 a.m. and 10:00 a.m. on the days of Monday through Saturday. They must be closed on Sunday.
(12) Adult use principal/sexually oriented businesses shall have a single public entrance on the front of the building. All patrons shall enter and exit the premises through this entrance. An exception is made for emergency and employee entrances/exits.
(13) Adult use principal/sexually oriented business shall provide one parking spot for each 100 square feet of gross building area. The parking lot shall be on the front of the building and the entire parking lot shall be illuminated to a minimum of three foot/candles as measured at ground level.
(J) Conditions of registration - adult use accessory. Adult use accessory businesses or establishments are required to register with the city and are subject to the following requirements:
(1) The adult use accessory shall comprise no more than 10% of the floor area, or up to 100 square feet, whichever is smaller, of the establishment, space, structure or building in which it is located.
(2) Display areas for adult movie or video tape rentals or other products shall be restricted from general view and shall be in the control of the person responsible for the operation.
(3) Magazines and publications or other similar products classified or qualified as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any materials other than the publication title.
(4) Adult use accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(5) Adult use accessory businesses shall operate only in B-2 and B-3 business/commercial zoning districts.
(K) Revocation or suspension of a permit.
(1) The City Zoning Administrator may revoke or, suspend a permit upon recommendation of the Preston Police Department that shows the permittee, its owners, managers, employees or agents have engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation about securing the permit.
(b) Habitual drunkenness or intemperance in use of drugs including, but not limited to, the use of drugs defined in M.S. § 618.01, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers.
(c) Failure to follow any requirements of the ordinances of the City of Preston or statutes of the State of Minnesota about sanitary and safety conditions, zoning requirements, building code requirements or ordinances, or failure to follow the requirements of this chapter.
(2) The permittee may appeal such suspension, or revocation to the Preston City Council. The City Council shall consider the appeal at a regularly scheduled meeting on or after ten days from service of the notice of appeal to the City Administrator. At the conclusion of the hearing, the City Council may order:
(a) That the revocation or suspension be affirmed;
(b) That the revocation, or suspension be lifted and that the permit be returned to the permit holder;
(c) The City Council may impose, at their discretion, any additional terms, conditions or stipulations for the suspension or issuance of the permit.
(Ord. 252, passed 9-6-2005) Penalty, see § 114.99