Section
112.01 Purpose and intent
112.02 Definitions
112.03 Application of this chapter
112.04 Location
112.05 Hours of operation
112.06 Operation
112.07 Licenses
112.08 License fees
112.09 Inspection
112.10 Expiration and renewal
112.11 Suspension
112.12 Revocation
112.13 Transfer of license
112.14 Non-conforming uses
112.99 Penalty
(A) Findings. The City Board finds that adult-oriented businesses whose services include sessions offered to adults conducted in private by members of the same or opposite sex, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting, or endangering the morals of the community by being the site of acts or prostitution, illicit sex, and occasions of violent crimes, and thus requiring close inspection, licensing, and regulation. The City Board also finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the Sheriff’s Department and other departments and personnel of the city. As a consequence, the concentrated use of city services detracts from and reduces the level of service available to the rest of the community and thereby diminishes the ability of the city to promote the general health, welfare, morals, and safety of the community. The licensing of sexually-oriented businesses can aid in monitoring sexually oriented businesses for adverse secondary effects on the community and minimize the risk of criminal activity. The risk of criminal activity and/or public health problems can be minimized through licensing as prescribed in this chapter.
(B) Purpose.
(1) It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:
(a) Prevent additional criminal activity within the city;
(b) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;
(c) Locate adult-oriented businesses away from residential areas, schools, churches, parks, and playgrounds; and
(d) Prevent concentration of adult-oriented businesses within certain areas of the city.
(2) The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult- oriented materials protected by the First Amendment, nor to deny access by distributors and exhibitors of adult-oriented entertainment to their intended market.
(Ord. 88, passed 7-11-2006)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ESTABLISHMENTS. Any establishment in which an adult use comprises more than 10% of the floor area of the establishment in which it is located or which comprises more than 20% of the gross receipts of the entire business operation.
ADULT USE. An adult use is any of the activities and businesses described below.
(1) ADULT USES. Include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting 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 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.
(2) ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when the body is wholly or partially nude in terms of “specified anatomical areas”.
(3) ADULT USE - BOOKSTORE. A building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, digital recordings, or motion picture film if the building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of the items are distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(4) ADULT USE - CABARET. A building or portion of a building for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age and if the dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction, or description of “specified sexual activities” or “specified anatomical areas”.
(5) ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if the service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(6) ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if the service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(7) ADULT USE - HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, if the club is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(8) ADULT USE - HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.
(9) ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason or age, and which provides the services of massage, if the service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(10) ADULT USE - MINI-MOTION PICTURE THEATRE. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the material is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.
(11) ADULT USE - MODELING STUDIO. An establishment 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 the customers and 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 the customers.
(12) ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled or operated 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 and characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.
(13) ADULT USE - MOTION PICTURE THEATRE. A building or portion of a building with a capacity of 50 or more persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by reason of age and if the material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(14) ADULT USE - NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
(15) ADULT USE - SAUNA. A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(16) ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered;
(a) Human genitals, pubic region, or pubic hair;
(b) Buttock; and
(c) 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.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus; buggery; coprophagy; coprophilia; cunnillingus; fellatio; necrophilia; pederasty; pedophelia; piquerism; sapphism; or zooerasty;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s);
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments, or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of such persons;
(6) Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, or vaginal or anal irrigation.
(Ord. 88, passed 7-11-2006)
Except as in this chapter specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter. No adult-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 establishment which is prohibited by any ordinance of the city, the laws of the state, or the United States of America. Nothing in this chapter shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or 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.
(Ord. 88, passed 7-11-2006)
No adult-oriented business shall be located in other than a Business Zone. No adult-oriented businesses shall be located less than 500 feet from any residential zoning district boundary, nor less than 2,800 feet from any church site, public or private school site, day care facility, or park. In addition, no adult-oriented business may be located within 150 feet of another adult-oriented business. For purposes of this chapter, this distance shall be a horizontal measurement from the nearest existing residential district boundary, church site, school site, day care site, park site, or another adult-oriented business site to the nearest boundary of the proposed adult-oriented business site.
(Ord. 88, passed 7-11-2006)
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