Subd. 1. Short Title. This section shall be known as, and may be referred to as, the "Redwood Falls Sexually-Oriented Business Ordinance".
Subd. 2. Definitions.
A. The term "adult arcade" means any place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players, 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".
B. The term "adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
1. Persons who appear in a state of nudity or semi-nude;
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. 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".
C. The term "adult motel" means a hotel, motel or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons 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;
2. Offers a sleeping room for rent for a period of time that is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
D. The term "adult motion picture theater" means 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".
E. The term "adult theater" means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
F. The term "adult video store" means a commercial establishment which, as one of its principal purposes, offers electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices that are maintained on the premises of the establishment to show images that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" to any customers or potential customers of the commercial establishment.
G. The term "escort" means 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.
H. The term "escort agency" means 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.
I. The term "establishment" means and includes any of the following:
1. The opening or commencement of any sexually-oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;
3. The additions of any sexually-oriented business to any other existing sexually-oriented business; or
4. The relocation of any sexually-oriented business.
J. The term "licensee" means a person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
K. The term "nude model studio" means any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of Minnesota or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
1. Has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
2. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
3. Where no more than one nude or semi-nude model is on the premises at any one time.
L. The terms "nudity" or "a state of nudity" mean the showing of the human male or female genitals, pubic area, vulva, anus with less than a fully-opaque covering or the showing of the covered male genitals in a discernibly turgid state.
M. The term "person" means an individual, proprietorship, partnership, corporation, association or other legal entity.
N. The terms "semi-nude" or "in a semi-nude condition" mean showing the top of the include breast, the of the female breast below a horizontal line across of the areola at its highest point or the showing male or female buttocks. This definition shall the entire lower portion of the human female, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
O. The term "sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. 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.
P. The term "sexually-oriented business" means an adult arcade, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
Q. The term "specified anatomical areas" means:
1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic area, vulva or anus.
R. The term "specified criminal activity" means any of the following offenses: Any unlawful lewd, indecent or immoral conduct, including specifically, but without limitation, any of the lewd, indecent or immoral criminal acts specified in any of the following statutes:
1. Criminal Code, M.S. §§ 609.293 through 609.365, as amended from time to time;
2. Criminal Code, M.S. §§ 617.23 through 617.296, as amended from time to time; and
3. Criminal Code, M.S. §§ 152.01 through 152.21, as amended from time to time.
S. The term "specified sexual activities" means any of the following:
1. Fondling or other erotic touching of human genitals, pubic region or anus;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence;
5. Excretory functions as part of or in connection with any of the activities set forth in Subds. 2.S.1., 2., 3. or 4. of this definition; and
6. Bestiality.
T. The term "substantial enlargement of a sexually-oriented business" means the increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date this section takes effect.
U. The term "transfer of ownership or control of a sexually-oriented business" means and includes any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Subd. 3. License required.
A. It is unlawful for any person to operate a sexually-oriented business without a valid sexually-oriented business license issued by the city.
B. An application for a license must be made on a form provided by the city.
C. All applicants must be qualified according to the provisions of this section. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this section.
D. If a person who wishes to operate a sexually-oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
E. The completed application for a sexually-oriented business license shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. An individual: the individual shall state his or her legal name and any aliases and submit proof that he or she is 18 years of age;
b. A partnership: the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
c. A corporation: the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process; and
d. The name of the owner of the property where to be located; if a corporation, then the names of the principal owners of corporation.
2. If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, he or she must state the sexually-oriented business's fictitious name and submit the required registration documents;
3. Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this section, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;
4. Whether the applicant, or a person residing with the applicant, has had a previous license under this section or other similar sexually-oriented business articles from another city or county denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this section whose license has previously been denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
5. Whether the applicant or a person residing with the applicant holds any other licenses under this section or other similar sexually-oriented business article from another city or county and, if so, the names and locations of such other licensed businesses;
6. The location of the proposed sexually-oriented business, including a legal description of the property, street address and telephone number(s), if any;
7. The applicant's mailing address and residential address;
8. The applicant's driver's license number, Social Security number and/or his or her state or federally issued tax identification number;
9. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
10. A straight-line drawing prepared within 30 days prior to application depicting the property lines and the structures containing any existing sexually-oriented businesses within 1,000 feet of the property to be licensed; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 500 feet of the property to be licensed. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. The drawing shall be reviewed by the Building Inspector for accuracy. In the event of a dispute between the applicant and the city as to the accuracy of the drawing, the Building Inspector may order the applicant to provide a drawing with the information required under this paragraph prepared by a registered land surveyor; and
11. Copy of lease and all financing documents; all business related contracts for supply of materials and consulting management.
Subd. 4. Issuance of license.
A. Upon the filing of the application for a sexually-oriented business license, the application shall be referred to the appropriate city departments for an investigation to be made on such information as is contained in the application. The application process shall be completed within 60 days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
1. An applicant is under 18 years of age;
2. An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any business;
3. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
4. An applicant or a person with whom the applicant is residing has been denied a license by the city to operate a sexually-oriented business within the preceding 12 months or whose license to operate a sexually-oriented business has been revoked within the preceding 12 months;
5. An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this section;
6. The premises to be used for the sexually-oriented business have not been approved by the Health Department, Fire Department and the Building Official as being in compliance with applicable laws and ordinances;
7. The license fee required by this section has not been paid; and
8. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this section.
B. The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually-oriented business and the classification for which the license is issued pursuant to Subd. 2. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that they may be easily read at any time.
C. The Health Department, Fire Department and the Building Official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the city.
D. Every application for a sexually-oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee in the amount as established by resolution of the City Council.
E. In addition to the application and investigation fee required above, every sexually-oriented business that is granted a license (new or renewal) shall pay to the city an annual non-refundable license fee within 30 days of license issuance or renewal in the amount as established by resolution of the City Council.
F. All license applications and fees shall be submitted to the City Clerk.
Subd. 5. Inspection.
A. An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Zoning Department or other city departments or agencies to inspect the premises of a sexually-oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
B. A person who operates a sexually-oriented business or his or her agent or employee commits a violation of this chapter if he or she refuses to permit the lawful inspection of the premises at any time it is open for business.
Subd. 6. Expiration of License.
A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided herein. Application for renewal shall be made at least 30 days before the expiration date.
B. When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
Subd. 7. Regulation of Sexually-Oriented Businesses.
A. All licensed sexually-oriented businesses shall comply with the provisions of this section, all other applicable city articles and all other applicable federal, state and local laws.
B. No sexually-oriented business shall be maintained or operated in any manner that causes, creates or allows public viewing of any adult material or any entertainment depicting, describing or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of a sexually-oriented business shall utilize or contain any flashing lights, search lights or spotlights or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner, except to the extent specifically allowed herein. This subsection shall apply to any advertisement, display, promotional material, decoration or sign; to any performance or show; and to any window, door or other opening.
C. All signs for sexually-oriented businesses shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, but in no event exceeding 32 square feet. The maximum number of signs shall be one per lot frontage. Signs otherwise permitted pursuant to this section shall contain only the name of the sexually-oriented business and/or the specific type of sexually-oriented business conducted on the licensed premises. Temporary signage shall not be permitted in connection with any sexually-oriented business.
D. No sexually-oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 10:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.
E. A person commits a violation of this chapter if the person knowingly allows a person under the age of 18 years on the premises of a sexually-oriented business.
Subd. 8. Suspension/Revocation.
A. The city shall suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
1. Violated or is not in compliance with any section of this section; and
2. Refused to allow an inspection of the sexually-oriented business premises as authorized by this chapter.
B. The city shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months.
C. The city shall revoke a license if it determines that:
1. A licensee gave false or misleading information in the material submitted during the application process;
2. A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
3. A licensee has knowingly allowed prostitution on the premises;
4. A licensee knowingly operated the sexually-oriented business during a period of time when the licensee's license was suspended;
5. Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises; or
6. A licensee is delinquent in payment to the city, county or state for any taxes or fees past due.
D. When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually-oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
E. After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of the administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
Subd. 9. Transfer of License. A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually-oriented business under the authority of a license at any place other than the address designated in the application.
Subd. 10. Severability. In the event any section, subdivision, clause, phrase or portion of this section is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holding shall not affect the validity of the remainder of this section. It is the legislative intent of the City Council that this section would have been adopted if such illegal provision had not been included or any illegal application had not been made.
(Ord. 75, Third Series, passed 8-20-2002)