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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)
(A) Adult uses defined in this subchapter shall be subject to the following general provisions:
(1) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this subchapter be construed to allow an activity otherwise prohibited by law.
(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
(3) An adult use, which does not qualify as an accessory use pursuant to this subchapter, shall be classified as an adult use - principal.
(4) Adult uses shall not be owned or operated by any person without first having secured an adult use license from the city.
(a) The application for an adult use license shall be submitted on a form provided by the city and shall include:
1. If the applicant is an individual: the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership: the name, residence, phone number and birth date of each general and limited partner shall be provided. If the applicant is a corporation: the name, residence, phone numbers and birth dates of all persons holding more than 5% of the issues outstanding stock of the corporation.
2. The name, address, phone number and birth date of the operator and manager of such operation, if different from the owner(s).
3. The address and legal description of the premises where the adult establishment is to be located.
4. A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity, or the operation of an adult establishment of adult business by the applicant, operator, or manager, and whether or not the applicant has ever applied for or held a license to operate a similar business in any other community(s). In the case of a corporation, a statement detailing any felony convictions by the owners of more than 5% of the issued and outstanding stock of the corporation, and whether or not those property owners have ever applied for or held a license to operate a similar type of business in other community(s).
5. The activities and types of business to be conducted.
6. The hours of operation.
7. Provisions to be utilized to restrict access by minors.
8. A building plan of the premise detailing all internal operations and activities.
9. The permit shall expire on December 31 of the year it is issued.
(b) The granting of any permit or license pursuant to requirements of this subchapter, or other applicable city ordinances, shall not relieve applicants of their responsibility to obtain any required state or federal permits.
(c) Each application for an adult use license shall be submitted to the City Administrator Clerk-Treasurer and shall be accompanied by payment in full of the required fee for the adult use license.
(d) Each license shall be issued for a period of one calendar year. All licenses shall expire on the last day of December of each year. Any portion of a year less than 12 months shall be counted as a full year for the purpose of calculation of fees.
(e) The annual fee for an adult use license shall be $10,000, as detailed in the fee schedule established by the City Council. The fee may be adjusted from time to time by Council resolution.
(f) If any application for a license is rejected, the license fee shall not be refunded. No part of the fee paid for any license issued under this subchapter shall be refunded.
(g) The following steps will be followed in the granting of an adult use license:
1. The Waseca County Sheriff’s Department shall investigate all facts set out in the application. Each owner of the establishment, be it individual, partner, limited partner, shall be subjected to a criminal history background check by the Sheriff or his or her designee. Costs of the criminal history investigations shall be borne by the applicant according to a fee schedule established by the city. The application for the adult use license shall not be considered complete until all required information has been furnished, the investigation has been completed by the Police Department and a report provided to the City Council.
2. The Planning Commission shall hold a public hearing and report its findings to the City Council within 30 days after the City Administrator received a complete application. At the hearing, opportunity shall be given to any person to be heard relating to the granting of the license. The City Council shall grant or deny said adult use license within 30 days of the conclusion of the hearing.
3. The adult use license shall be issued only to the applicant and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premises or person without the written permission of the city. If the licensee is a partnership or corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed to be transfer of the license.
(h) An adult use license shall not be issued to any of the following:
1. Any person under 21 years of age.
2. Anyone who is overdue in payments to a city, county, state or federal government of taxes, fees, fines or penalties, or charges for municipal services and utilities assessed against them or imposed upon them.
3. Anyone who has been convicted of a gross misdemeanor or felony, or of violating any law of this state or local ordinance relating to sex offenses, obscenity offenses, or adult establishments.
4. Anyone who is not the proprietor of the establishment for which the license is issued.
5. To any applicant who is acting as an agent for an individual who would be disqualified pursuant to the above criteria.
6. Anyone who has not paid the required investigation/licensing fees required by this subchapter.
(i) The following places are ineligible for issuance of an adult use license:
1. No license shall be granted for adult establishments on any premises where a licensee has been convicted of a violation of this subchapter, or where any license hereunder has been revoked for cause, until one year has elapsed after such conviction or revocation.
2. No license shall be granted for any adult establishment, which is not in compliance with the city’s land use regulations, or any fire, health and safety codes and any and all provisions of federal and state law.
(j) The following conditions shall be considered a part of an adult use license:
1. All licensed premises shall have the license posted in a conspicuous place at all times.
2. No minor shall be permitted on the premises.
3. Any designated inspection officer of the city shall have the right to enter, inspect, and search the premises of a licensee during business hours.
4. No adult goods or materials shall be offered, sold, transferred, conveyed, given, displayed or bartered to any minor.
5. In granting a license for an adult establishment, the City Council may impose additional conditions to protect the best interest of the surrounding area or the city as a whole.
6. The licensee must keep itemized written records of all transactions involving the sale or rental of all items or merchandise for at least one year after the transaction. At a minimum, these records must describe the date of the transaction, a description of the transaction, the purchase or rental price, and a detailed description of the item or merchandise that is being purchased or rented. These written records must be provided to the city upon request.
7. The licensee must cover or otherwise arrange all windows, doors, and apertures to prevent any person outside the licensed premises from viewing any items or merchandise inside the premises depicting “specified sexual activities” or “specified anatomical areas”.
(B) It is unlawful for the holder of an on-sale liquor, non-intoxicating malt liquor, wine or bottle club license issued under the ordinance or for any manager, officer, agent, servant, or employee of such license holder to exhibit, allow or permit on the licensed premises any adult use.
(Ord. passed 7-10-2006)
(A) Adult use - principal activities will be allowed only by a license duly issued by the City Council and by conditional use permit in the specific areas outlined within this subchapter.
(B) Adult use - principal shall be located at least 350 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use - principal is located to the property line of:
(1) A zoning district in which residential uses are specifically listed as a permitted or conditional use.
(2) A licensed day care center.
(3) A public or private educational facility classified as an elementary, junior high or senior high.
(4) A public library.
(5) A public park.
(6) Another adult use - principal.
(7) Any church or church related organization.
(8) An on-sale liquor establishment.
(C) No adult use - principal shall be located in the same building or upon the same property as another adult use-principal.
(D) Adult use - principal shall adhere to the following signing regulations in addition to the sign regulations of Section 13 of this Ordinance.
(1) Sign messages shall be generic in nature and shall only identify the name of the business.
(2) Signs shall comply with the requirements of size and number for the district in which they are located.
(E) (1) Adult use - principal shall be limited to 12:01 p.m. to 12:01 a.m. for its hours of operation.
(2) A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that all the following will apply.
(a) No adversely impact or affect uses or activities within 350 feet.
(b) Will not result in increased policing and related service calls.
(c) Is critical to the operation of the business.
(F) Access, parking, screening, lighting and other relevant site related criteria for all adult uses shall be as set forth in Section 12 of this Zoning Ordinance.
(Ord. passed 7-10-2006)
(A) Adult uses - accessory, shall be permitted in all commercial districts as a conditional use, provided the accessory use conforms with the provisions of this section.
(B) Adult use - accessory shall:
(1) Comprise no more than 10% of the floor area of the establishment.
(2) Comprise no more than 20% of the gross receipts of the entire business operation.
(3) Not involve or include any activity except the sale or rental of merchandise.
(C) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.
(1) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
(2) Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with wrappers or other means to prevent display of any material other than publication title.
(3) Other use. Adult uses - accessory not specifically cited shall comply with the intent of this section subject to the approval of the City Council.
(D) Adult use - accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(Ord. passed 7-10-2006)
(A) Adult uses which are in existence prior to adoption of this subchapter shall be classified as legal nonconforming uses and may continue in accordance with provisions of this subchapter.
(B) If an adult use becomes nonconforming because of rezoning or the establishment of a use listed in Subdivision 2, the adult shall be considered legal nonconforming and may continue in accordance with the provisions of this subchapter.
(C) In no instance shall a legal nonconforming adult use be allowed to structurally expand the use of the lot on which it is located when the use became legally nonconforming, or expand the adult use to include another lot on which the adult use was not located when it became legally nonconforming.
(D) If the building in which a legal nonconforming adult use is located is destroyed by and means to an extend of greater than 50% of its market value, or if the building in which the legally nonconforming adult use is vacant for more than 12 months, an adult use shall not be re-established unless it is in conformance with this subchapter.
(Ord. passed 7-10-2006)
REGULATING AND LICENSING RESIDENTIAL RENTAL PROPERTY
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