As used in this chapter, the following terms shall have the meanings
indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated,
slug-operated, or for any form of consideration, or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors, video
or laser disc players, 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 the depicting
or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A.
A commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or more of
the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides, or
other visual representations which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia which are designed for use in
connection with specified sexual activities.
B.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as adult bookstore, adult novelty store, or adult video
store. Such other business purposes will not serve to exempt such commercial
establishments from being categorized as an adult bookstore, adult novelty
store, or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified materials
which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
C.
Notwithstanding the foregoing, a commercial establishment which offers
for sale or rental any of the items listed in Subsection A(1) above will not
be considered to have as one of its principal business purposes the offering
for sale or rental for consideration the specified materials which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas, provided all of the following conditions are met:
(1)
Total gross revenues from the sale or rental of any of the items listed
in Subsection A(1) does not exceed 10% of the commercial establishment's
gross revenue;
(2)
Total gross square footage of display space and stock area devoted to
the sale or rental of any of the items listed in Subsection A(1) does not
exceed 10% of the commercial establishment's total square footage;
(3)
Display of any of the items listed in Subsection A(1) is in a separate
room or area restricted only to persons 18 years old or older and is closely
monitored by management and/or employees of the commercial establishment to
insure that no individual under the age of 18 enters the room or area where
the items listed in Subsection A(1) are displayed or stored;
(4)
No electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players, or other
image-producing devices are maintained on the premises of the establishment
to show images of items listed in Subsection A(1) to any customers or potential
customers of the commercial establishment;
(5)
Only employees or management of the commercial establishment who are
18 years old or older are permitted to enter the area where the items listed
in Subsection A(1) are stored, processed or displayed for customers or potential
customers of the commercial establishment.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
A.
Persons who appear in a sate of nudity or seminude;
B.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides, or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or specific
anatomical areas, and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions;
or
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment
which regularly features persons who appear in a state of nudity or seminude,
or live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip, or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business as a new
business;
B.
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C.
The additions of any sexually oriented business to any other existing
sexually oriented business; or
D.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application
for a license.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state of nudity,
or who displays specified anatomical areas and is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration. Nude model studio
shall not include a proprietary school licensed by the State of Minnesota
or a college, junior college or university supported entirely or in part by
public taxation; a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or seminude person is available for viewing;
and
B.
Where in order to participate in a class a student must enroll at least
three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises at
any one time.
NUDITY or a STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva,
anus with less than a fully opaque covering or the showing of the covered
male genitals in a discernibly turgid state.
PERSON
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
SEMINUDE or in a SEMINUDE CONDITION
The showing of the female breast below a horizontal line across the
top of the areola at its highest point or showing of the male or female buttocks.
This definition shall include the entire lower portion of the human female
breast, but shall not include any portion of the cleavage of the human female
breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other
apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that as one of its principal
business purposes offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video
store, adult cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
B.
Less than completely and opaquely covered human genitals; pubic area,
vulva or anus.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses: Any unlawful lewd, indecent, or immoral
conduct, including specifically, but without limitation, any of the lewd,
indecent, or immoral criminal acts specified in any of the following statutes:
A.
Sections 609.293 to 609.365 of the Minnesota Criminal Code (Sex Offenses).
B.
Sections 617.23 to 617.296 of the Minnesota Criminal Code (Obscenity
Statute).
C.
Sections 152.01 to 152.21 of the Minnesota Criminal Code (Controlled
Substances Law).
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
Fondling or other erotic touching of human genitals, pubic region or
anus.
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy.
C.
Masturbation, actual or simulated.
D.
Human genitals in a state of sexual stimulation, arousal, or tumescence.
E.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A,
B,
C or
D of this definition.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business means the increase in floor areas
occupied by the business by more than 25%, as the floor areas exist on the
date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business means and includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange, or similar means; or
C.
The establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.
Sexually oriented businesses shall be considered conditional uses and
may be permitted only within qualifying areas of the M zoning district as
set forth by the City of Fairfax Zoning Map, and following an application
for a conditional use permit.
No sexually oriented business may be granted a conditional use permit
under this section unless it has applied for and received a license pursuant
to this chapter. Application for the sexually oriented business license and
a conditional use permit may happen concurrently or a conditional use permit
may be granted under this section subject to the applicant receiving a license
pursuant to this chapter. An applicant for a conditional use permit under
this section shall also include a copy of the application for the license
pursuant to this chapter with the application under this chapter.
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to the grant
or renewal of the conditional use permit under this section, of a use listed
in the previous section within 1,000 feet of the sexually oriented business.
This provision applies only to the renewal of a valid license, and does not
apply when an application for a license is submitted after a license has expired
or been revoked.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate a sexually oriented business under the authority of a license
at any place other than the address designated in the application.
Any person who violates, neglects, refuses to comply with, or assists
or participates in any way in the violation of any of the provisions or requirements
of this chapter is guilty of a misdemeanor and is subject to a penalty of
90 days in jail and/or a $1,000 fine for each such violation. Each day such
violation continues shall constitute a separate offense.