Editor's note:
The provisions of this chapter amend or replace sections of Title XI of the Minnesota Basic Code as noted.
Section
Adult Uses
175.01 Purpose
175.02 Definitions
175.03 General provisions
175.04 Adult use - principal
175.05 Adult use - accessory
175.06 Nonconforming adult uses - principal or accessory
Editor’s note:
Sections 175.01 through 175.06, regarding adult uses, replace Minnesota Basic Code Chapter 119.
Regulating and Licensing Residential Rental Property
175.20 Title
175.21 Purpose
175.22 Scope
175.23 Discrimination and private contracts
175.24 Definitions
175.25 Applications
175.26 Action on application for license
175.27 Fees
175.28 Transfer of property ownership
175.29 License denial, suspension or revocation
175.30 Conduct on licensed premises
175.31 Residential districts
175.32 Inspections under this subchapter
175.33 Outstanding city invoices
175.34 Parking
175.35 Posting
175.36 Authority, enforcement, and responsibility
175.37 International Property Maintenance Code (IMPC)
175.99 Penalty
ADULT USES
(A) The nature of adult uses is such that they area recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses.
(B) Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
(Ord. passed 7-10-2006)
For the purpose of this subchapter, the following terms are defined as follows.
ADULT USES. Include adult bookstores, adult motion picture theaters, adult motion picture rental, 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.
ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.
ADULT USE - BOOKSTORE. A building or portion or a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, video-tape, DVDs or motion picture film if such building or portion of a building is not open to the general public generally but not to one or more classes of the public excluding any minor by reason of age or if substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
ADULT USE - CABARET. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.
ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or 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”.
ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap parlor, which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USE - HEALTH SPORT CLUB. A health/sport club, which excludes minors by reason of age, or if such club is distinguished by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USE - HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and where in material is presented, which is distinguished by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.
ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
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 such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customer.
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 person per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.
ADULT USE - MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USE - NOVELTY BUSINESS. A business which has a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
ADULT USE - SAUNA. A sauna which excludes minors by reason of age, or 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 steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USE - STEAM 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 such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ADULT USES - PRINCIPAL. A use, business or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from, any adult use.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic regions, buttock, anus, or female breast(s) below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulations, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquersim, sapphism, zooerasty; or
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence.
(3) Use of a 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 flagellation, torture, fettering, binding or other physical restraint of any such persons.
(6) Erotic or lewd touching, fondling or other sexually-orientated contact with an animal by a human being.
(7) Human erection, urination, menstruation, vaginal or anal irrigation.
(Ord. passed 7-10-2006)
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