(A) Hours of operation. No adult uses may be open to the public between the hours of 10:00 p.m. and 8:00 a.m.
(B) Performance standards for adult cabarets.
(1) No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude. Nude shall be applied in this section as it is defined at § 155.135 of this chapter.
(2) No dancer, live entertainer, performer, patron or any other person shall be nude in an adult cabaret.
(3) The owner, operator or manager of an adult cabaret shall provide the following information to the county concerning any persons who dance or perform live entertainment at the adult cabaret: the persons full name including all previously used legal names, home address, home telephone number, date of birth and any presently or previously used aliases.
(4) No dancer, live entertainer or performer shall be under 18 years old.
(5) All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet from the level of the floor.
(6) No dancer or performer shall perform any dance or live entertainment closer than ten feet to any patron.
(7) No dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer.
(8) No patron shall pay or give any gratuity to any dancer or performer.
(9) No dancer or performer shall solicit any pay or gratuity from any patron.
(C) License required.
(1) No person shall own or operate an adult use establishment without having first secured a license as provided for in this section. Notwithstanding any other provision of this code to the contrary, the procedures set forth in this section establish the exclusive method for obtaining an adult establishment license.
(2) The application for an adult use establishment license shall be submitted on a form provided by the county and shall include:
(a) 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. If the applicant is a corporation, the names, residences, phone numbers and birth dates of all those persons holding more than 5% of the issued and outstanding stock of the corporation;
(b) The name, address, phone number and birth date of the operator and manager of such operation, if different from the owners;
(c) The address and legal description of the premises where the adult establishment is to be located;
(d) A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity or the operation of an adult establishment or adult business by the applicant, operator or manager and whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five percent of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities;
(e) The activities and types of business to be conducted;
(f) The hours of operation;
(g) The provisions made to restrict access by minors; and
(h) A building plan of the premises detailing all internal operations and activities.
(3) If an application form is not available from the county, on request at the time of applying, the applicant may provide the information in letter form so long as it is complete.
(D) License fee.
(1) An annual license fee for an adult establishment shall be set from time to time by resolution of the County Board. Commencing with the enactment of this chapter section, the fee shall be as specified herein.
(2) Each application for a license shall be submitted to the County Sheriff, and payment made to the county. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the county shall refund the license fee.
(3) All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one year; except that, if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rated fee. In computing such fee, any unexpired fraction of a month shall be counted as one month.
(4) No part of the fee paid by any license shall be refunded; except that, pro rata portion of the fee shall be refunded in the following instances upon application to the County Zoning Administrator within 30 days before the expiration of the license:
(a) Destruction or damage of the licensed premises by fire or other catastrophe;
(b) The licensee’s illness;
(c) The licensee’s death; or
(d) A change in the legal status making unlawful for licensed business to continue.
(5) Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the County Board by the applicant(s) or licensee. If said changes take place during the investigation, said data shall be provided to the Sheriff’s Department or the County Board in writing. Failure to report said changes by the applicant(s) or the licensee may result in a denial or revocation of a license.
(E) Investigative fee.
(1) Upon applying for the license, an investigative fee shall be required for each application submitted to the county. The investigative fee amount shall be set from time to time by resolution of the County Board. Commencing with the enactment of this chapter section, the fee shall be as specified herein.
(2) If it appears that the investigative costs will exceed the amount set forth herein, the Sheriff or the County Zoning Administrator shall notify the applicant and give the applicant an estimate of costs. The applicant shall either make an additional deposit equal to the difference or shall withdraw the application. If the additional deposit is not paid within 14 days, the application shall be deemed withdrawn.
(3) If the costs of administration, issuance and investigation are less than the additional deposit, the balance shall be refunded upon the issuance or denial of the license. No license shall be issued until the applicant has paid the entire cost of administration, including required license fees and investigative fees.
(F) Granting of license.
(1) The County Board, or such persons as they shall designate, shall complete their investigation within 45 days after the Board receives a complete application and all license and investigative fees.
(2) If the application is for a renewal, the applicant shall be allowed to continue business until the Board has determined to renew or refuse to renew a license.
(3) If after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this section, then the license shall be issued by the County Board within the requirements of M.S. § 15.99, as it may be amended from time to time.
(4) Each license shall be issued to the applicant only 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 premise without the approval of the County Board. If the licensee is a partnership or a corporation, a change in the identity of the principals of the partnership or corporation shall be deemed a transfer of the license. All adult establishments existing at the time of the adoption of this section shall be required to obtain an annual license.
(G) Persons ineligible for license. No license shall be granted to or held by any person:
(1) Under 21 years of age;
(2) Who is overdue or whose spouse is overdue in their payment to any unit of government for taxes, fees, fines or penalties assessed against them or imposed upon them;
(3) Who has been convicted or whose spouse has been convicted of a gross misdemeanor or felony relating to sex offenses, obscenity offenses or adult establishments in any jurisdiction within the past five years;
(4) Who has been convicted or whose spouse has been convicted of a misdemeanor under state law or local ordinance, or of violating any equivalent law of this state relating to sex offenses, obscenity offenses or adult establishments within the past three years;
(5) Who is not the proprietor of the establishment for which the license is issued;
(6) Who is residing with a person who has been denied a license by the county or any other state municipal corporation to operate an adult use, or residing with a person whose license to operate an adult use has been suspended or revoked within the preceding 12 months; and/or
(7) Who has not paid the license and investigative fees required by this section.
(H) Places ineligible for license.
(1) No license shall be granted for adult uses on any premises where the applicant or any of its officers, agents or employees has been convicted of a violation of this section, 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 use which is not in full compliance with all the provisions of this chapter, the Building Code, the Fire Code, the county’s health regulations and all provisions of state and federal law.
(I) Conditions of license. Every license shall be granted subject to the following conditions.
(1) All the provisions of this section shall be followed, and all applicable sections of this chapter, the Building Code, the Fire Code, the county’s health regulations and other specific provisions of county, state and federal law.
(2) No minor shall be permitted on the licensed premises.
(3) Any designated inspection officer of the county shall have the right to enter, inspect and search the premises of a licensee during business hours.
(4) Every licensee shall be responsible for the conduct of their place of business and shall maintain conditions of order.
(5) No adult goods or material services shall be offered, sold, transferred, conveyed, given, displayed or bartered to any minor.
(J) Penalty.
(1) Any person violating any provision of this section is guilty of a misdemeanor and is subject to all the applicable provisions of § 155.999 of this chapter.
(2) Any violation of this section shall be a basis for the suspension or revocation of any license granted hereunder. In the event that the County Board proposes to revoke or suspend the license, the licensee shall be notified in writing of the basis for such proposed revocation or suspension. The Board shall hold a hearing for the purpose of determining whether to revoke or suspend the license, which hearing shall be within 30 days of the date of the notice.
(3) The County Board of Commissioners shall determine whether to suspend or revoke a license within 30 days after the close of the hearing or within 60 days of the date of the notice, whichever is sooner, and shall notify the licensee of its decision within that period.
(K) Right of appeal.
(1) In the event that the Ccounty Board determines to suspend, or revoke a license, such suspension or revocation shall not be effective until 15 days after notification of the decision to the licensee. If, within that 15 days, the licensee files and serves an action in state or federal court challenging the Board’s action, then the suspension or revocation shall be stayed until the conclusion of such action.
(2) If the County Board determines not to renew a license, the licensee may continue its business for 15 days after receiving notice of such non-renewal. If the licensee files and serves an action in state or federal court within that 15 days for the purpose of determining whether the county acted properly, the licensee may continue in business until the conclusion of the action.
(3) If the County Board decides not to grant a license to an applicant, then the applicant may commence an action in state or federal court within 15 days for the purpose of determining whether the county acted properly. The applicant shall not commence doing business unless the action is concluded in its favor.
(4) Additionally, any taxpayer or citizen may proceed with any action provided for in § 155.999 of this chapter.