[Added 7-2-2007]
The following terms, as used in this article,
shall have the meanings stated:
"Adult uses" include adult bookstores, adult motion picture
theatres, adult motion picture sales/rental, adult mini-motion picture
theatres, 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. Activities
classified as obscene as defined by Minnesota Statutes 617.241 are
not included.
The offering of retail goods for sale which are classified
as adult uses on a limited scale and which are incidental to the primary
activity and goods and/or services offered by the establishment. Examples
of such items include the sale of adult magazines, the sale or rental
of adult motion pictures, the sale of adult novelties, and the like.
The offering of goods and/or services which are classified
as adult uses as a primary or sole activity of a business or establishment
and include but are not limited to the following:
BODY PAINTING STUDIOAn 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.
BOOKSTOREA building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture films if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a 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.
CABARETA 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.
COMPANIONSHIP ESTABLISHMENTA 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.
CONVERSATION/RAP PARLORA 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.
HEALTH/SPORT CLUBA health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
HOTEL or MOTEL"Adult hotel or motel" means a hotel or motel from which minors are specifically excluded from patronage and 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.
MASSAGE PARLOR or HEALTH CLUBA 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.
MINI-MOTION PICTURE THEATREA 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 is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
MODELING STUDIOAn 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.
MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor 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.
MOTION PICTURE THEATREA building or portion of a building with a capacity of 50 or more 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 is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
NOVELTY BUSINESSA business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
SAUNAA 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 sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
STEAM ROOM/BATHHOUSE FACILITYA 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.
Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation or torture
in the context of a sexual relationship, or the use of excretory functions
in the context of a sexual relationship, and any of the following
sexually oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty;
Clearly depicted human genitals in the state
of sexual stimulation, arousal or tumescence;
Use of human or animal ejaculation, sodomy,
oral copulation, coitus or masturbation;
Fondling or touching of nude human genitals,
pubic region, buttocks or female breast;
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 the flagellation, torture,
fettering, binding or other physical restraint of any such persons;
Erotic or lewd touching, fondling or other sexually
oriented contact with an animal by a human being; or
Human excretion, urination, menstruation, vaginal
or anal irrigation.
It is unlawful for any person to operate an
adult use, principal, without having first obtained a license as hereinafter
provided. No license shall be required for an adult use, accessory.
In addition to such information as the City Clerk may require pursuant to § 63-19 of the Code, the application shall also include:
A.
The name, residence, phone number and birthdate of
the applicant, if an individual; and if a corporation, the names,
residences, phone number and birthdates of those owners holding more
than 5% of the outstanding stock of the corporation;
B.
The name, address, phone number and birthdate of the
manager of such operation, if different from the owners;
C.
The premises wherein the adult use is to be located;
D.
A statement detailing each gross misdemeanor or felony
relating to a sex offense and/or the operation of adult uses and related
activities of which the applicant or, in the case of a corporation,
the owners of more than 5% of the outstanding stock of the corporation,
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;
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.
A.
Each application for a license shall be accompanied
by a receipt from the City for payment in full of the required fee
for the license. All fees shall be paid into the general fund of the
City. Upon rejection of any applications for a license, the City shall
refund the amount paid.
B.
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 rata fee. In computing such fee, any unexpired
fraction of a month shall be counted as one month.
C.
The annual fee for an adult use, principal, license
is $500 per year or as otherwise adopted by resolution of the Council.
D.
No part of the fee paid by any license issued under
this article shall be refunded except in the following instances upon
application to the City Clerk within 30 days from the happening of
the event. There shall be refunded a pro rata portion of the fee for
the unexpired portion 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.
The City Clerk, with assistance of the police department,
shall investigate all facts set out in the application. The City Clerk
shall have a public hearing on notice with the opportunity given to
any person to be heard for or against the granting of the license.
After such investigation and administrative hearing, the City Clerk
shall grant or refuse the application subject to appeal to the Council.
B.
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 place without the approval of the City
Clerk subject to appeal to the Council.
C.
Existing licensees compliance. All existing businesses
shall be required to conform with this provision on or before January
1, 2008. Failure to comply will result in the license being revoked
effective 12:00 midnight January 1, 2008.
No license shall be granted to or held by any
person:
A.
No license shall be granted for adult uses on any
premises where a licensee has been convicted of a violation of this
article, or where any license hereunder has been revoked for cause,
until one year has elapsed after such conviction or revocation.
A.
Every license shall be granted subject to the conditions
in the following subsections and all other provisions of this article,
and of any applicable sections of the City Code or state law.
B.
All licensed premises shall have the license posted
in a conspicuous place at all times.
C.
In the case of an adult use, principal, no minor shall
be permitted on the licensed premises unless accompanied by his parent
or legal guardian.
D.
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 within a search and seizure warrant.
E.
Every licensee shall be responsible for the conduct
of his place of business and shall maintain conditions of order.
F.
All licensed premises are subject to code enforcement
inspections during regular business hours.
A.
Granting. The Council may grant any application for
the period of the remainder of the then-current calendar year or for
the entire ensuing license year. Failure to pay any portion of a fee
when due shall be cause for revocation. No license fee shall be refundable
upon revocation or voluntarily ceasing to carry on the licensed activity.
All applications, including proposed license periods, must be consistent
with this article.
B.
Issuing. If an application is approved, the City Clerk
shall forthwith issue a license pursuant thereto in the form prescribed
by the Council, payment of the appropriate license fee, and approval
of the bond or insurance as to form and surety or carrier, if required.
All licenses shall be as specified herein as to the particular business.
Unless otherwise herein specified, license fees shall be pro-rated
on the basis of 1/12th for each calendar month or part thereof remaining
in the then-current license year. Except as to licenses which are
specifically City-wide, licenses shall be valid only at one location
and on the premises therein described.
C.
Transfer. A license shall be transferable between
persons upon consent of the Council. No license shall be transferable
to a different location without prior consent of the Council and upon
payment of the fee for a duplicate license. It is unlawful to make
any transfer in violation of this subsection.
D.
Termination. Licenses shall terminate only by expiration
or revocation.
E.
Refusal and revocation. The Council may, for any reasonable
cause, refuse to grant any application or revoke any license. No license
shall be granted to a person of questionable moral character or business
reputation. Before revocation of any license, the Council shall give
notice to the licensee and grant such licensee opportunity to be heard.
Notice to be given and the exact time of hearing shall be stated in
the resolution calling for such hearing. Grounds for revocation may
be, but are not limited to, any of the following:
(1)
That the licensee suffered or permitted illegal acts
upon licensed premises;
(2)
That the licensee had knowledge of such illegal acts
but failed to report the same to police;
(3)
That the licensee failed or refused to cooperate fully
with police in investigating such alleged illegal acts; or,
(4)
That the activities of the licensee created a serious
danger to public health, safety, or welfare.
F.
Duplicate license. Duplicates of all original licenses
may be issued by the Administrator, without action by the Council,
upon licensee's affidavit that the original has been lost, and upon
payment of a fee of $2 for issuance of the duplicate. All duplicate
licenses shall be clearly marked DUPLICATE.
All applications shall be made as follows:
A.
All applications shall be made at the office of the
City Clerk upon forms that have been furnished by the City for such
purposes.
B.
Unless otherwise provided for in this article, all
such applications must be subscribed, sworn to, and include such information
as the Council shall deem necessary considering the nature of the
business for which license application is made.
C.
It is unlawful for any applicant to intentionally
make a false statement or omission upon any application form. Any
false statement in such application, or any willful omission to state
any information called for on such application form, shall, upon discovery
of such falsehood, work an automatic refusal of license, or if already
issued, shall render any license or permit issued pursuant thereto,
void, and of no effect to protect the applicant from prosecution for
violation of this article, or any part hereof.
D.
The City Clerk shall, upon receipt of each application
completed in accordance herewith, forthwith investigate the truth
of statements made therein and the moral character and business reputation
of each applicant for license to such extent as he deems necessary.
For such investigation, the City Clerk may enlist the aid of the Chief
of Police. The Council shall not consider an application before such
investigation has been completed.
E.
Applications for renewal licenses may be made in such
abbreviated form as the Council may by resolution adopt.
Except as otherwise herein provided, all fees
for licenses under this article shall be fixed and determined by the
Council, adopted by resolution, and uniformly enforced. Such license
fees may, from time to time, be amended by the Council by resolution.
A copy of the resolution setting forth currently effective license
fees shall be kept on file in the office of the Administrator, and
open to inspection during regular business hours. For the purpose
of fixing such fees, the Council may subdivide and categorize licenses
under a specific license requirement, provided that any such subdivision
or categorization shall be included in the resolution authorized by
this section.
Every person violates a section, subsection
or provision of this article when he performs an act thereby prohibited
or declared unlawful, or fails to act when such failure is thereby
prohibited or declared unlawful, and upon conviction thereof, shall
be punished as for a misdemeanor, except as otherwise stated in specific
provisions hereof.
