For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE/MINI MOTION PICTURE THEATER. Any place which excludes minors from all or part of the establishment wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, video, or laser disc players, or other image-producing devices (10% or more of the floor space) 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 as defined herein.
ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substances, (10% or more of the floor space) 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 area as defined herein.
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO AND/OR MEDIA STORE. A commercial establishment which excludes minors and which has a substantial portion of its stock in trade or stock (10% or more of the floor space) displayed as instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities or displayed as books, magazines, films, videotape, or other media which are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT CABARET. A commercial establishment which provides dancing or other live entertainment (10% or more of the floor space), which excludes minors by virtue of age from all or part of the establishment and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of specified sexual activities or by exposure of specified anatomical areas, for observation or participation by patrons therein.
ADULT CAR WASH. A wash facility for any type of motor vehicle (10% or more of the floor space) that allows employees, agents, independent contractors, or persons to appear in a state of partial or total nudity in terms of specified anatomical areas.
ADULT CONVERSATION/RAP PARLOR. A commercial establishment which provides the service of engaging in, listening to conversation talk or discussion, (10% or more of the floor space) which excludes minors by reason of age, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, for observation or participation by patrons therein.
ADULT CENTER. A commercial establishment which excludes minors by reason of age, and wherein (10% or more of the floor space) an admission is charged for entrance into the facility, or for food or beverages intended for consumption within the facility, wherein may be observed or which contains one or more coin-operated mechanisms which when activated permit a customer to view one or more live persons unclothed or in such attire, costume, or clothing as to expose to view any specified sexual activities or specified anatomical areas.
ADULT HEALTH CLUB or ADULT SPORTS CLUB. A business or commercial enterprise that is named, signed, advertised, or promoted as a facility or club providing health or sports-related goods, services, or equipment, from which minors are excluded by reason of age or that is distinguished or characterized (10% or more of the floor space) by an emphasis on specified anatomical areas or specified sexual activities.
ADULT HOTEL OR MOTEL. A hotel or motel or similar commercial establishment from which minors are specifically excluded from patronage and 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 an emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
ADULT MASSAGE PARLOR. A commercial establishment which provides the service of “massage” (10% or more of the floor space), which excludes minors by reason of age, if such service is distinguished by an emphasis on specified sexual activities or specified anatomical areas for observation or participation by patrons therein.
ADULT MODELING STUDIO. An establishment, which excludes minors from all or part of the establishment, and whose major business (10% or more of the floor space) is the provision to customers, of figure models who are so provided with the intent of providing sexual stimulation to sexual gratification to such 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 such customers.
ADULT MOTION PICTURE THEATER. A commercial establishment from which minors are excluded by reason of age, where for any form of consideration, films, motion pictures, video cassettes, slides, DVDs, or similar photographic reproductions are regularly shown (10% or more of the floor space) which are characterized by the depiction or description of specified sex activities or specified anatomical areas.
ADULT SAUNA. A commercial establishment which provides a steam bath or hot air bathing, and/or massage services (10% or more of the floor space) which excludes minors by reason of age where such service(s) is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation or participation by patrons therein.
ADULT STEAMROOM/BATHHOUSE. An establishment providing a steam bath or heat bathing for the pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent (10% or more of the floor space), which excludes minors by reason of age where such servicers) is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, for observation or participation by patrons therein.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment from which minors are excluded from all or part of the establishment, (10% or more of the floor space) which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities for observation or participation by patrons therein.
MINOR. Any person under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state.
SEXUALLY-ORIENTED BUSINESS/ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult arcade/mini-motion picture theater, adult body painting studio, adult book store, novelty store or video/media store, adult cabaret, adult car wash,, adult conversation/rap parlor, adult entertainment center, adult health club/sports club, adult hotel or motel, adult massage parlor, adult modeling studio, adult motion picture theater, adult sauna, adult steam room/bathhouse, adult theater, and any other sexually-oriented business/adult establishments.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, pubic hair, buttocks, anus, or female breast(s) below a point immediately above the top of the areola; and
(2) Human male genitals in a discernable turgid state even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses: any unlawful lewd, 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) M.S. §§ 609.283 to 609.353 and 609.365, as they may be amended from time to time, (sex offenses);
(2) M.S. §§ 617.23 to 617.299, as they may be amended from time to time, (obscenity statute); or
(3) M.S. §§ 152.021 to 152.0262, as they may be amended from time to time, (controlled substances law).
SPECIFIED SEXUAL ACTIVITY. Includes the following:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, including genital to genital, anal to genital, or oral to genital intercourse, whether between human beings or between a human being and an animal;
(2) Sadomasochistic abuse, meaning flagellation, or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
(3) Masturbation actual or simulated, or lewd exhibitions of the genitals including any explicit close-up representation of a human genital organ clothed or unclothed;
(4) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breast of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification; or
(5) Excretory function as part of or in connection with any of the activities set forth in this definition.
(2006 Code, § 6.33) (Ord. 148, 3rd Series, passed 10-24-2003)