1095:0

City Code: 1095:0

Section 1095:05.  Findings and Purpose

Studies conducted by the Minnesota Attorney General, the American Planning Association, and the Texas City Attorneys’ Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Rochester, Minnesota, Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin; Adams County and the City of Denver, Colorado have studied the impacts that adult establishments have in those communities.  These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods.  These impacts include increased crime rates, lower property values, increased transiency, neighborhood blight, and potential health risks.  Based on these studies and findings, the city council concludes: 

   a.  Adult establishments have adverse secondary impacts of the types set forth above.

   b.  The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by geographic, licensing, and health requirements.

   c.  It is not the intent of the city council to prohibit adult establishments from having a reasonable opportunity to locate in the city.

   d.  Many members of the public perceive areas within which adult establishments are located as less safe than other areas that do not have such uses.

   e.  A reasonable licensing procedure is an appropriate mechanism to place the burden of reasonable regulation on the owners and the operators of the adult establishment.  A licensing procedure will place an incentive on the operators to see that the adult establishment is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the residents of the City.  It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult establishment, fully in possession and control of the premises and activities occurring therein.

   f.  The fact that an applicant for an adult establishment license has been convicted of a sexually-related crime is rationally related to the legitimate concern that the applicant may engage in similar criminal conduct in the future.

   g.  The barring of individuals with sexually-related criminal convictions from the management of adult establishments for a period of time serves as a deterrent to future criminal conduct.

   h.  The general health, safety, and welfare of the community are promoted by prohibiting nudity in adult establishments.  This prohibition is based on concerns of potential adverse effects such as prostitution, the transmission of sexually-transmitted diseases, exposure to minors, obscenity and unsanitary conditions in public places.

   i.  Cities in out-state Minnesota experience many of the same adverse impacts of adult establishments that are present in larger metropolitan communities.

   j.  The public health, safety, morals, and general welfare will be promoted by the city adopting regulations governing adult establishments.

 

Section 1095:10.  Definitions.

For purposes of this section, the following terms have the meanings given them.

Subd. 1.  Adult Establishment.  Any business: 

   a.  that devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise, or devotes a substantial or significant portion of its floor area of the business (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public)  to, or derives a substantial or significant portion of its gross revenues from items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, simulating, discussing, or relating to specified sexual activities or specified anatomical areas; or

   b.  as defined in subdivision 2.

Subd. 2.  Adult Use.  An adult use is any of the activities and businesses described below:

   a.  Adult Body Painting Studio:  An establishment or business that provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such person is nude.

   b.  Adult Bookstore:  An establishment or business used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, CDs, DVDs or other electronic storage media that devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise, or devotes a significant or substantial portion of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to, or derives a substantial or significant portion of its gross revenues from items, merchandise, devices or other material distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.

   c.  Adult Cabaret:  A business or establishment that provides dancing or other live entertainment to patrons if the dancing and live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction of matter that seeks to evoke, arouse or excite the patrons’ sexual or erotic feelings or desire.

   d.  Adult Companionship Establishment:  A business or establishment that 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”.

   e.  Adult Conversation/Rap Parlor:  A business or establishment that provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   f.  Adult Health/Sport Club:  A health/sport club that is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   g.  Adult Hotel or Motel:  A hotel or motel where material is presented that is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.

   h.  Adult Massage Parlor, Health Club:  A massage parlor or health club that provides the services of massage, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

    i.  Adult Motion Picture Theater:  A theater that as a prevailing practice presents movies distinguished and characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.

   j.  Adult Modeling Studio:  A business or establishment that provides customers 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, painted upon, sketched drawn, sculptured, photographed, or otherwise depicted by such customers.

   k.  Adult Motion Picture Arcade:  Any place to which the public is permitted or invited where 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”.

   l.  Adult Novelty Business:  Any business that:

       i)  devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise to; or

       ii)  devotes a substantial of significant portion of its floor area of the business (not including store rooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to; or

      iii)  derives a substantial or significant portion of its gross revenue from sales of, materials or devices that stimulate human genitals, are designed for sexual stimulation, or that depictor relate to “specified anatomical areas” or “specified sexual activities”.

   m.  Adult Sauna:  A sauna 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”.

   n.  Adult 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 such 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”.

   o.  Adult Establishment/Self-Designated:  Any establishment that: (1) designates all or a portion of its premises for access or use only by adults, or has a policy of excluding minors from its premises or from a portion of its premises; and (2) advertises or holds itself out to the public in any forum so as to convey the impression that the services, entertainment, matter or goods available at the premises or at the portion of the premises designated for adults only are characterized by an emphasis on specified sexual activities or specified anatomical areas.

Subd. 3.  “Nude” or “Specified Anatomical Areas”:

   a.  The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple;  the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola; or

    b.  Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Subd. 4.  “Specified Sexual Activities” means any of the following:

   a.  Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

   b.  Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast(s); or

   c.  Excretory functions as part of or in connection with any of the activities set forth in (a) and (b) above.

Subd. 5.   “Substantial or Significant Portion”, as used in this Section, means greater than 10%.

Section 1095:15.  General Provisions

Adult establishments  are subject to the following general provisions:

Subd. 1.  Adult uses are permitted uses in the I-2 (heavy industrial) zone subject to the conditions in this subsection.

Subd. 2.  Adult establishments must be located at least one thousand feet (1,000’), as measured in a straight line, from the main public entrance of the adult establishment to the nearest boundary line of the following:

   a.  Residentially zoned or used property;

   b.  A licensed daycare center;

   c.  Any school;

   d.  Any church;

   e.  Any hotel or motel;

   f.  Any public park;

   g.  Any cemetery;

   h.  Any hospital;

   i.  Any nursing home;

   j.  Any youth facility;

   k.  Another adult establishment;

Subd. 3.  Signage for Adult establishments must comply with all applicable provisions in Section 330:00 of this Code.

Subd. 4.  Each adult establishment is a separate use and no two adult establishments may be located in the same building or upon the same parcel of land.

Subd. 5.  Adult establishments are prohibited in establishments where liquor is served.

Subd. 6.  Adult establishments are prohibited at any place or event where minors are permitted.

Subd. 7.   Existing Adult Establishments. Any existing business that meets the definition of “Adult Establishment” or “Adult Use” as provided in Section 1095:10 on the effective date of this ordinance and that does not conform to the ordinance will be deemed a non-conforming use under the Owatonna Zoning Ordinance, Ordinance No. 827, Section III, A.

 

Section 1095:20.  Hours of Operation

An adult establishment may not be open between the hours of 12 a.m. (midnight) and 9:00 a.m.

 

Section 1095:25.  Additional Adult Cabaret Regulations.

Subd. 1.  No person, firm, partnership, corporation, or other entity may advertise, or cause to be advertised, an adult cabaret without a valid adult establishment license.

Subd. 2.  An adult cabaret licensee must maintain and retain for a period of two (2) years the names, addresses, and ages of all persons engaged, hired or employed as dancers or performers by the licensee.

 Subd. 3.  An adult cabaret is prohibited in establishments where liquor is served.

 Subd. 4.  No owner, operator, or manager of an adult cabaret  may permit or allow any dancer or other live entertainer to perform nude.

Subd. 5.  No dancer, live entertainer, performer, patron, or other person may be nude in an adult cabaret.

Subd. 6.  No dancer, live entertainer or performer may be under 18 years old.

Subd. 7.  All dancing must occur on a platform intended for that purpose which is raised at least two (2) feet from the level of the floor.

Subd. 8.  No dancer or performer may perform or dance closer than ten (10) feet to any patron.

Subd. 9.  No dancer or performer may fondle or caress any patron and no patron shall fondle or caress any dancer or performer.

Subd. 10.  No patron may directly pay or give any gratuity to any dancer or performer.

Subd. 1l. No dancer or performer may solicit any pay or gratuity from any patron.

Subd. 12.  No person under the age of eighteen (18) years may be admitted to an adult cabaret.

 

Section 1095:30.  License Requirements.

Subd. 1.  No person may own or operate an adult establishment without having first secured a license.

Subd.  2.  Application:   The application for an adult establishment license must be submitted on a form provided by the city 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 birthdates of all officers, directors and controlling stockholders for the business.

   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 gross misdemeanor or felony convictions of the officers, directors, or controlling stockholders for the business and whether or not those individuals 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.

   h.  A building plan of the premises detailing all internal operations and activities.

   i.  The license will expire on December 31 of the year in which it is issued.

 Subd. 3.  License Fees:

   a.  Each application for a license must be submitted to the City Administrator and accompanied by payment in full of the required fee for the license.  Upon rejection of any application for a license, the city will refund the license fee.

   b.  All licenses expire on the last day of December in each year.  Each license will be issued for a period of one (1) 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 prorated fee.  In computing such fee, any unexpired fraction of a month will be counted as one (1) month.

   c.  The annual fee for an adult establishment license is $1,000.00.

   d.  No part of the fee paid for any license issued under this Section will be refunded except in the following instances upon application to the City Administrator within thirty (30) days from the happening of the event.  The City will refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases no less than one (1) month before expiration of the license because of:

      i)  Destruction or damage of the licensed premises by fire or other catastrophe.

      ii) The licensee’s disabling illness.

     iii)  The licensee’s death.

     iv)  A change in the legal status making it unlawful for the licensed business to continue.

 Subd. 4.  Granting a License:

    a.  The Chief of Police will investigate all facts set out in the application within thirty (30) days after the City Administrator receives that application. 

         If after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license, then the City Council will consider the application.  The City Council will grant or deny the application no later than thirty (30) days after the investigation by the Police Chief is completed.  If the City Council fails to act on the application within this time period, the application is automatically approved.

     b.  Each license is issued to the applicant only and is not transferable to another holder.  Each license is issued only for the premises described in the application.  No license may be transferred to another premise without the approval of the City Council. If the licensee is a partnership or corporation, a change in the identity of any of the principals of the partnership or corporation will be deemed a transfer of the license.

 Subd. 5.  Persons Ineligible for License:

 No license will be granted to or held by any person:

    a.  Under eighteen (18) years of age.

    b.  Who is delinquent in payments to the city, county, state, or federal government of taxes, assessments, fees, fines, penalties, charges or liens for municipal services and utilities assessed against or imposed upon the applicant.

    c.  Who has been convicted of a gross misdemeanor within two years preceding the application or convicted of a felony within five years preceding the application of any federal, state, or local law relating to sex offenses, obscenity offenses, or adult establishments, unless the applicant can show competent evidence of sufficient rehabilitation under Minn. Stat. § 364.05, subd.3.

   d.  Who is not the proprietor of the establishment for which the license is to be issued or has been issued.

   e.  Who has been denied a license by the city or any other Minnesota municipal corporation to operate an adult establishment, or such license has been suspended or revoked within the preceding twelve (12) months.

   f.  Who has not paid the license and investigative fees required by this subsection.

   g.  Who has failed to supply all of the information requested on the license application.

   h.  Who gives false or fraudulent information on the license application.

   i.  Who has been convicted of a violation of this Section, or whose license hereunder has been revoked for cause, until one (1) year has elapsed after such conviction or revocation.

 Subd. 6.  Places Ineligible for License.

    a. No license will be granted for any adult establishment not in compliance with the City’s zoning regulations, or fire, building and health and safety codes and all provisions of federal, state, and municipal law.

    b.  Establishments holding an intoxicating liquor, beer, or wine license.

    c.  No license will be granted for operation of an adult establishment on any premises upon which taxes, assessments, liens, or other financial claims of the City, are owed by the applicant and are delinquent and unpaid.

 Subd. 7.  Conditions of License:

    a.  All licensed premises must have the license posted in a conspicuous place at all times.

    b.  No minor may be permitted on the licensed premises.

    c.  Any designated inspection officer of the City has the right to enter, inspect, and search the premises of a licensee during business hours.

    d.  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, those records must describe the date of the transaction, a description of the transaction, the purchase price 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.

    e.  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.

 Subd. 8.  Penalty:

    a.  Any person violating any provision of this Section is guilty of a misdemeanor and upon conviction will be punished not more than the maximum penalty of a misdemeanor as prescribed by state law.

    b.  Any violation of this Section is a basis for the suspension or revocation of any license granted hereunder.  In the event that the City Council proposes to revoke or suspend the license, the licensee will be notified in writing of the basis for such proposed revocation or suspension.  The City Council will hold a hearing for the purpose of determining whether to revoke or suspend the license, which will be within forty-five (45) days of the date of the notice.  The City Council  determine whether to suspend or revoke the license within forty-five (45) days after the close of the hearing and will notify the licensee of its decision within that forty-five (45) day period.

 Subd. 9.  Right of Appeal:

   a.  Any applicant whose application for an adult establishment license is denied, or any licensee whose license is not renewed, revoked or suspended, may appeal such denial, non-renewal revocation, or suspension to a court of competent jurisdiction within thirty (30) days after the denial, revocation, or suspension of such license.

   b.  In the case of a non-renewal, suspension, or revocation, the non-renewal, suspension or revocation is stayed until the conclusion of such action.

    c.  In the case of a denial, the applicant may not commence doing business unless the action is concluded in its favor.

 Subd. 10.  Severability:  Every subsection, subdivision or paragraph in this Section is declared severable from every other subsection, subdivision or paragraph.  If any subsection, subdivision, or paragraph of this Section is declared invalid, it shall not affect any other provision in this Section.

(City Ordinance 1173 adopted 11/03/97, amended Ordinance 1476 adopted 8/1/2011)

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