City of Isanti, MN Chapter 68 Adult Establishments

[HISTORY: Adopted by the City of Isanti 2-4-2020 by Ord. No. 723.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 68, Adult Uses, adopted 4-15-2003 by Ord. No. 282, as amended.

§ 68-1 Findings and purpose.

Studies conducted by the Minnesota Attorney General and the Texas City Attorneys' Association, as well as the cities of St. Paul, Alexandria, and Rochester, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin; Adams County and the City of Denver, Colorado, have examined the impact that adult establishments have on their respective communities. These studies concluded that adult establishments have an adverse impact on surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. The City Council of the City of Isanti is relying on the studies, many of which were conducted in larger cities, recognizing that the same or similar adverse impacts could occur in a small city such as the City of Isanti. Based on these studies, the City Council makes the following findings regarding the need to regulate adult establishments:

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

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

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

D. It is not the intent to prohibit adult establishments from having a reasonable opportunity to locate in the City.

E. 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.

F. 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 citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

G. The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.

H. The general health, safety, and welfare of the community is promoted by prohibiting nudity in adult establishments. This prohibition is based on concerns of potential adverse effects such as prostitution, exposure to minors, and obscenity.

I. Small cities experience many of the same adverse impacts of adult establishments present in larger communities.

§ 68-2 Definitions.

For the purposes of this chapter only, the words and phrases below are defined as follows:

ADULT ESTABLISHMENT

Any business that:

A. 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 (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, simulating, describing, or relating to specified sexual activities or specified anatomical areas; or

B. Engages in any "adult use" as defined in this section.

ADULT USE

An adult use is any of the activities and businesses described below:

A. ADULT BOOKSTORE OR VIDEOSTORE An establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, video, videotape, movies, or motion-picture film if a substantial or significant portion of its inventory, stock in trade, or publicly displayed merchandise consists of, or if a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) is devoted to, or if substantial or significant portion of its gross revenues is derived from items, merchandise, devices or materials that are distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, or relating to specified sexual activities or specified anatomical areas.

B. ADULT ENTERTAINMENT CENTER A business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on the presentation, display, or depiction of specified sexual activities or specified anatomical areas.

C. 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.

D. ADULT CONVERSATION/RAP PARLOR A business or establishment that 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.

E. ADULT HEALTH/SPORT CLUB A health/sport club, which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

F. ADULT HOTEL OR MOTEL "Adult hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

G. ADULT MASSAGE PARLOR, HEALTH CLUB A massage parlor or health club which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

H. ADULT MOTION-PICTURE THEATER A motion-picture theater that as a prevailing practice presents movies distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.

I. ADULT 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, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.

J. ADULT 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 persons 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.

K. ADULT NOVELTY BUSINESS A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

L. ADULT SAUNA A sauna that 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.

M. 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 the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

NUDE or SPECIFIED ANATOMICAL AREAS

A. The showing of the human male or female genitals, pubic area, buttocks, or anus 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.

SPECIFIED SEXUAL ACTIVITIES

A. Actual or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, necrophilia, masochism, sadism or sadomasochism, fellatio or cunnilingus; or

B. Depiction or display of human genitals in the state of sexual stimulation or arousal; or

C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

SUBSTANTIAL OR SIGNIFICANT PORTION

25% or more.

§ 68-3 Location.

Adult establishments may only be located as permitted in Section 8, Article 1, Subdivision 2, of the City Code.[1]

[1] Editor's Note: Refer to the City's Zoning Ordinance, which is on file in the Clerk's office or available on the City's website.

§ 68-4 License required.

No person, firm or corporation shall own or operate an adult establishment without having first secured a license as provided for in this chapter.

A. Applications. The application for an adult establishment license shall be submitted on a form provided by the City and shall include:

(1) The name, residence, phone number and birth date of the applicant, if an individual; and if a corporation or partnership, the names, residences, phone numbers and birth dates of each partner and all officers, directors, and controlling stockholders for the business;

(2) The name, address, phone number and birth date of the manager of such operation, if different from the owners;

(3) Whether the applicant has ever used or has been known by a name other than the applicant's name, and, if so, the name or names used and information concerning dates and places where used;

(4) The address and legal description of the premises where the adult establishment is to be located;

(5) A statement detailing each gross misdemeanor or felony relating to a sex offense, obscenity offense or offense related to the operation of adult uses and related activities of which the applicant, or in the case of a corporation or partnership, the owners, partners, officers, directors and controlling stockholders have been convicted, and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities;

(6) The activities and types of business to be conducted;

(7) The hours of operation, which shall be limited to 8:00 a.m. to 1:00 a.m.;

(8) The provisions made to restrict access by minors;

(9) A building plan of the premises detailing all internal operations and activities.

B. Fees.

(1) Each application for a license shall be accompanied by a receipt from the City for payment in full of the required license fee. Upon rejection of any applications for a license, the Finance Director shall refund the amount paid.

(2) All licenses shall expire at 12:00 midnight on March 31 of 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.

(3) The annual license fee for adult establishments shall be in the amount as set forth in the current City Fee Schedule.

(4) No part of the fee paid for any license shall be refunded except in the following instances upon application to the City Council within 30 days from the happening of the event. There shall be refunded 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 not less than one month before expiration of the license because of:

(a) Destruction or damage of the licensed premises by fire or other catastrophe;

(b) The licensee's illness;

(c) The licensee's death;

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

C. Review and action on license application.

(1) The City Council, or such persons as it designates, must complete its investigation within 30 days after the City 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 City Council has determined to renew or refuse to renew a license. Application for renewal must be submitted with the annual license fee not later than 30 days before the license expires.

(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 subsection, then the license shall be issued by the City Council within 30 days after the investigation is completed. Otherwise, the license shall be denied.

(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 premises without the approval of the City Council. If the licensee is a partnership or a corporation, a change in identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license.

(5) An applicant for any license under this section shall deposit with the City at the time an original application is submitted, an amount as set forth in the current City Fee Schedule to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this section. If the investigation and verification process is conducted outside the state of Minnesota, the City may require the actual investigation costs not exceeding the amount set forth in the current City Fee Schedule.

D. Persons ineligible for license. No license shall be granted to or held by any person:

(1) Under 18.

(2) Who has been convicted of a felony or of violating any federal law, state law or local ordinance relating to sex offenses, obscenity offenses or adult establishments, unless the applicant can show competent evidence of sufficient rehabilitation under Minn. Stat. § 364.03, Subd. 3, Evidence of rehabilitation.

[Amended 7-20-2021 by Ord. No. 763]

(3) Who is not the proprietor of the establishment for which the license is issued.

(4) Who has failed to supply all of the information requested on the license application.

(5) Who gives false, fraudulent, or untruthful information on the license application.

(6) Who has not paid the required license and investigation fees.

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

E. Places ineligible for license.

(1) No license shall be granted for adult establishments on any premises where the owner or the applicant has been convicted of a violation of this chapter, or where any license hereunder has been revoked for cause, until one year has elapsed after such conviction or revocation.

(2) Except for uses lawfully existing at the time of this chapter adoption, no license shall be granted for any adult establishment which is not in compliance with the City's zoning regulations or applicable building code.

(3) Establishments holding an intoxicating liquor, beer or wine license are ineligible for a license.

(4) No license shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the City, are owed by the applicant and are delinquent and unpaid.

F. Conditions of license.

(1) Every license shall be granted subject to the following conditions and all other provisions of this chapter, and of any applicable sections of the Code of the City, state law, or federal law, whichever is more restrictive.

(2) All licensed premises shall have the license posted in a conspicuous place at all times.

(3) No minor shall be permitted on the licensed premises.

(4) Any designated inspection officer of the City shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours.

(5) Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of order.

(6) An adult establishment shall not sell or dispense nonintoxicating or intoxicating liquors nor shall it be located in a building which contains a business that sells or dispenses nonintoxicating or intoxicating liquors.

G. Hearing and appeal procedures. Denials, nonrenewals, suspensions and revocations of an adult establishment license are governed by this subsection.

(1) Notice and hearing. In the event that the City proposes to deny or not to renew, suspend or revoke a license, the City will notify the applicant/licensee in writing of the basis for the action. The Council will hold a hearing for the purpose of determining whether to deny, not renew, suspend, or revoke the license. The hearing must be within 30 days of the date of the notice. The City Council must make a decision within 30 days after the close of the hearing or within 60 days of the date of the notice, whichever is sooner. The Council must notify the applicant/licensee of its decision within that period.

(2) Suspension or revocation. If the Council determines to suspend or revoke a license, the suspension or revocation is not 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 Council's action, the suspension or revocation is stayed until the conclusion of such action.

(3) Nonrenewal. If the City Council determines not to renew a license, the licensee may continue its business for 15 days after receiving notice of such nonrenewal. If the licensee files and serves an action in state or federal court within the 15 days for the purpose of determining whether the City acted properly, the licensee may continue in business until the conclusion of the action.

(4) Prompt judicial review. After denial or nonrenewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such action in any court of competent jurisdiction. The court shall promptly review such action.

§ 68-5 Violations and penalties.

A. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction shall be punished as provided by Chapter 1, Article I, of this Code of the City of Isanti.

[Amended 7-20-2021 by Ord. No. 763]

B. The City may enforce any provision of this chapter by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction, regardless of the status of any related criminal prosecution.

§ 68-6 State law inapplicable.

Minnesota Stat. § 617.242 shall not apply in the City.

§ 68-7 Severability.

The provisions of this chapter shall be severable. If any provision is found to be void, the remaining provisions of the law shall remain valid, unless the court finds the valid provisions of the law are so essentially connected with the void provisions so that the court cannot presume the Council would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions standing alone are incomplete and incapable of being executed in accordance with the legislative intent.