92-004 ORD
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ORDINANCE 92 - ~
AN ORDINANCE AMENDING CHAPTER 9 AND CHAPTER 7 OF THE ELK RIVER
CITY CODE OF ORDINANCES; DEFINING, RESTRICTING AND LICENSING
ADULT AND SEXUALLY ORIENTED ESTABLISHMENTS AND LAND USES
The City Council of the City of Elk River does ordain as
follows:
Section 1. Findings and Purpose. Having conducted public
hearings on the impact of adult and sexually oriented land uses
on surrounding areas and having considered the testimony and
reports, the Planning Commission and the City Council of the
City of Elk River hereby submits the following findings. The
City of Elk River, in an effort to protect the health, safety
and welfare of the community and to protect children, reduce
the creation of crime related to sexual activities and
pornography, and preserve and enhance neighborhoods and
property values does hereby find the following:
A.
.
.
The community goals identified in the City of Elk
River Growth Management Plan include encouraging the
development of a quality residential community which
retains a semi-rural atmosphere while accommodating
growing housing needs; preserve, maintain and/or
strengthen the physical and visual qualities unique
to the community; provide an appropriate, reasonable,
and enforceable system of development controls and
implementation programs for the guidance of future
land use in the city; encourage the development of a
quality which retains a semi-rural atmosphere while
providing necessary commercial development to serve a
growing residential population; and maintain and
encourage the continuation of a well-designed
employment and business opportunity in close
proximity to the community.
B. As expressed in Minnesota Statutes Section 617.291,
it is the declared pOlicy of this state to prevent
commercial exposure of minors to sexually provocative
written, photographic, printed, sound or published
materials as defined therein which are deemed harmful
to minors.
C. "Sexually Oriented Land Uses", as defined herein,
have an impact on the neighborhood surrounding them
which is distinct from the impact caused by the
commercial uses.
D.
The Report of the Attorney General's Working Group on
the Regulation of Sexually Oriented Businesses, dated
June 6, 1989 (the Report) heard testimony, conducted
research and conducted briefings on the impacts of
sexually oriented businesses on crime in communities
.
.
H.
and the methods available to reduce or eliminate
these impacts. The Report documented and set forth
the evidence from studies conducted in the cities of
Minneapolis, St. Paul, Indianapolis, Phoenix, and Los
Angeles. These studies, taken together, provide
compelling evidence that sexually oriented businesses
are associated with high crime rates and an adverse
impact on property values.
E.
The City of Minneapolis Study concluded that there
was a close association between sexually oriented
businesses, high crime rates and an adverse impact on
property values.
F.
The City of Phoenix Study confirmed that the sex
crime rate was on average six times higher in areas
with at least one adult entertainment use as it was
within comparable areas of their city without such
adult uses.
G.
The City of Indianapolis Study established that
professional real estate appraisers believed that an
adult book store would have a negative effect on the
value of both residential and commercial properties
within a one to three block area of the store.
Studies of other cities have shown that the values of
both commercial and residential properties either are
diminished or failed to appreciate at the rate of
other comparable properties when located in proximity
to adult entertainment uses.
I. The cities whose adult entertainment use reports have
been considered in these proceedings have strip
commercial development patterns and other commercial
neighborhood characteristics analogous to those found
or developing in the City of Elk River.
Section 2. Conclusions
A. The impacts which Sexually Oriented Land Uses have on
surrounding areas should be addressed through a
distinct set of land use regulations and licensing
directed specifically at such uses.
B.
.
C.
Sexually Oriented Land Uses should not be located in
close proximity to buildings or facilities where
children are the dominant clientele or patrons of the
service, product, or facility usage offered by such
building or facility.
The existing land use regulations of the City of Elk
River have not adequately addressed the unique
impacts which Sexually Oriented Land Uses have on
.
.
surrounding neighborhoods and fail to adequately
foster the community goals declared in the Elk River
Growth Management Plan (Comprehensive Plan), the City
Development Plan, the Sherburne County Overall
Economic Development Program and in state law.
D.
Sexually Oriented Land Uses should be located in
areas of the City which are not in close proximity to
churches, parks, schools, residential areas or other
areas used for public gatherings.
E.
The experience of other cities, as documented in the
numerous studies considered, confirms the regulation
of Sexually Oriented Land Uses is essential to
prevent deterioration of surrounding neighborhoods
and adverse social impacts associated with its uses.
F.
The concerns which have prompted public hearings in
this City are similar to the concerns which motivated
the communities of Minneapolis, St. Paul,
Indianapolis, Phoenix, and Los Angeles to undertake
their studies of adult and Sexually Oriented Land
Uses. Consequently, the results of these studies are
relevant to the existing foreseeable impacts which
such uses can have on the areas surrounding them in
the City of Elk River.
G. The concentration of Sexually Oriented Land Uses in
commercial areas or the location of adult
entertainment uses in close proximity to residential
uses, churches, parks and schools will result in
devaluation of property vales and qecreases in
commercial business sales, thereby reducing tax
revenues to the City and adversely impacting the
economic well-being of the citizens of this City.
H. Location of a sexually oriented and adult
entertainment uses in proximity to residential uses,
churches, parks, schools, establishments licensed to
sell intoxicating beverages, and other adult
entertainment uses very likely would lead to
increased levels of criminal activities inCluding
other sex-related crimes in the vicinity of such uses.
.
J.
I. The regulation of Sexually Oriented Land Uses is
essential to ensure that family values and youth
values in the community are protected and provide a
physical environment in which to develop in a healthy
and wholesome manner.
Sexually Oriented Land Uses should not be located
within a three block radius (approximately 1,000
feet) of any residential zoning district, church,
school, youth oriented facility, establishments
.
.
.
'..
licensed to sell intoxicating beverages, or other
adult entertainment use, subject to standards set
forth to ensure mitigation of the adverse impacts.
K.
Sexually Oriented Land Uses should not be located
within one (1) mile of another Sexually Oriented Land
Use.
L.
Sexually Oriented Land Uses should be restricted to
I-1 and I-2 zoning districts in furtherance of the
following:
o minimize adverse impact on residential
neighborhoods, commercial activity and tax base;
o these districts provide reasonable access and
visibility while providing segregation from areas
of attraction by minors, residential qualities,
and places of public gathering.
Section 3. Section 900.08 titled "Definitions" is
hereby amended to add:
SEXUALLY ORIENTED LAND USES: A Sexually Oriented Land Use is
any building, structure, establishment, place of,business or
use of property which is engaged in (1) the sale, barter,
rental, or distribution of printed matter, pictures, slides,
videotape, audiotape or film depicting "specified anatomical
areas" or "specified sexual activities" or (2) the sale,
barter, rental or distribution of sexual devices or
paraphernalia, or (3) services or entertainment, if such
service or entertainment is characterized by, depicts or
exhibits "specified anatomical areas" or "specified sexual
activities." Sexually Oriented Land Uses does not include any
building, structure, establishment or use of property for
retail or rental of merchandise where ten percent (10%) or less
of the display floor area is used for sexually provocative
material as proscribed in Minnesota Statutes Section 617.291
and where the merchandise described above is screened and
controlled to prohibit access by minors.
SPECIFIED ANATOMICAL AREAS:
1. Less than completely and opaquely covered: (a) human
genitals, pubic region, (b) buttock, and (c) female breast
below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
.
.
.
1.
Acts of human masturbation, sexual intercourse or sodomy,
sadomasochism, or any acts of bestiality.
2. Fondling or other erotic touching of human genitals, pubic
region, buttock or breast of either male or female.
3. Human genitals in a state of sexual stimulation or arousal.
Section 4. Section 900.12 titled "I-l, Light Industrial
District" Part 13 is amended to add:
Subpart c.x. Sexually Oriented Land Uses
Section 5. Section 900.12 titled "I-2, Medium
Industrial District," Part 14 is amended to add:
Subpart c.x. Sexually Oriented Land Uses
Section 6. Section 900.20 titled "General Regulations"
is amended to add:
13. Standards for SexuallY Oriented Land Uses The fOllowing
standards shall apply to the application, development,
construction and operation of all Sexually Oriented Land Uses
as defined herein.
a. Exterior storage, displays. There shall be no
signs or displays of specified sexual activities,
specified anatomical areas, or merchandise or exterior
storage outside the principal structure. Advertisements,
displays, signs or other promotional materials depicting
specified sexual activities or specified anatomical areas
shall not be shown or exhibited so as to be visible to the
public from pedestrian sidewalks or pUblic rights-of-way;
and such displays shall be considered as signs subject to
City Code sign regulations.
b. Licensing. All Sexually Oriented Land Uses as
defined herein shall obtain an operating license pursuant
to the terms and procedures set forth in Section 726 of
the City Code of Ordinances.
c. Location. Sexually Oriented Land Uses may not be
located within 1,000 feet of the property boundary of
schools, parks, churches, residential zoning districts,
agricultural zoning districts, residential dwellings,
places of public assembly, daycares, nurseries,
governmental facilities and establishments licensed for
the sale of intoxicating liquor, nor within one (1) mile
of another Sexually Oriented Land Use.
d. Adult Cabaret. An establishment which provides
dancing or other live entertainment shall not permit the
exhibition to or viewing by the public or patrons of such
.
.
.
establishment specified anatomical areas or specified
sexual activities as defined herein.
e. Minors. Owners and operators of Sexually Oriented
Land Uses shall not permit minors on the premises or the
viewing by minors of specified anatomical areas or
specified sexual activities as defined herein.
Section 7. Section 700 titled "Licensing of Regulated
Businesses and Activities" is amended to add:
SECTION 726 LICENSES FOR SEXUALLY ORIENTED LAND USES
726.00 - DEFINITIONS
Unless the context clearly indicates otherwise, the words,
terms, and phrases as used in Section 726.00 et seq., shall
have the meaning set forth in the following paragraphs.
SEXUALLY ORIENTED LAND USES: A Sexually Oriented Land Use is
any building, structure, establishment, place of business or
use of property which is engaged in (1) the sale, barter,
rental, or distribution of printed matter, pictures, slides,
videotape, audiotape or film depicting "specified anatomical
areas" or "specified sexual activities" or (2) the sale,
barter, rental or distribution of sexual devices,or
paraphernalia, or (3) services or entertainment, if such
service or entertainment is characterized by, depicts or
exhibits "specified anatomical areas" or "specified sexual
activities." Sexually Oriented Land Uses does not include any
building, structure, establishment or use of property for
retail or rental of merchandise where ten percent (10%) or less
of the display floor area is used for sexually provocative
material as proscribed in Minnesota Statutes Section 617.291
and where the merchandise described above is screened and
controlled to prohibit access by minors.
SPECIFIED ANATOMICAL AREAS:
1. Less than completely and opaquely covered: (a) human
genitals, pUbic region, (b) buttock, and (c) female breast
below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIE~:
1.
Acts of human masturbation, sexual intercourse or sodomy,
sadomasochism, or any acts of bestiality.
2.
Fondling or other erotic touching of human genitals, pubic
region, buttock or breast of either male or female.
.
3 .
Human genitals in a state of sexual stimulation or arousal.
726.02 - LICENSE REQUIRED
It shall be unlawful for any person to engage in or carryon
the business of operating a Sexually Oriented Land Use without
first obtaining a license to carryon such business in
compliance with the provisions of this Code.
726.04 - APPLICATION
.
Any person, corporation, association, or other entity, either
as principal or agent, desiring to engage in or carryon the
business or occupation defined as a Sexually Oriented Land Use
within the corporate limits of the City of Elk River shall file
an application for a license for that purpose with the City
Clerk, which application shall be made in writing at least
twenty (20) days before issuance thereof, wherein the applicant
shall state the applicant's name, proposed place of business,
length of proposed duration of license, description and
location of similar business operations (if applicable) a
statement of whether or not the applicant has ever been
convicted of any crime, or misdemeanor, and if so, the nature
of the events and the punishment or penalty assessed
therefore. The license shall be issued to the business and the
individual responsible for the operation of the pusiness. A
license shall not be transferred or assigned without prior
approval of the City Council. Without limitation to the City
Council's basis for denial of a license, no person with a
record of conviction of any crime shall be issued a license for
the operation of a Sexually Oriented Land Use.
726.06 - FEE AND TERM
Every person, corporation, association, or other entity
requiring a license shall, on or before the time for filing
application for such license, pay to the City Treasurer of the
City of Elk River a fee fixed from time to time by resolution
of the City Council. The license fee shall be for one (1) year
or any part thereof, and the license shall terminate on
December 31 next succeeding the date of the issuance of such
license.
726.08 - HOURS OF OP~RATION
From 11:00 p.m. Saturday, to 9:00 a.m. Monday, no licensee
shall operate a Sexually Oriented Land Use nor any other day
before 9:00 a.m. or after 11:00 p.m.
.
726.10 - MOTION PICTURE ARCADE
The interior of any place to which the public is permitted,
wherein coin or Slug-operated or electronically, electrically
or mechanically controlled still or motion picture machines,
.
.
.
projectors or other image-producing devices are maintained to
show images to five (5) or fewer persons per machine at anyone
time, and where the images so displayed are distinguished or
characterized by an emphasis on the depicting or describing
specified sexual activities or specified anatomical areas shall
be known as a motion picture arcade. The interior of a motion
picture arcade or booth shall be fully viewable from the common
areas of the licensed building or establishment.
726.12 - VIOLATIONS
Every person who commits or attempts to commit, conspires to
commit or aids or abets in the commission of any act
constituting a violation of this Ordinance, whether individual
or in connection with one or more persons or as a principal,
agent or accessory, shall be guilty of a misdemeanor, and every
person who falsely fraudulently forcibly willfully induces,
causes, coerces, requires, permits or directs in order to
violate any of the provisions of this ordinance is likewise
guilty of a misdemeanor. Each violation of this Ordinance
shall constitute a separate offense. Conviction of a violation
of this Ordinance shall be grounds for suspension or revocation
of any license issued hereunder.
726.14 - VALIDITY
Should any section or prov1s10n of this Ordinance be declared
by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this Ordinance as a
whole, or any part thereof, other than the part so declared to
be invalid. If this Ordinance or any provision herein is held
to be inapplicable to any person, property or work, such
holding shall not affect the applicability thereof to any other
persons, property or work.
Section 8. Passed and adopted by the City Council of
the City of Elk River, this 2nd day of March, 1992. Effective
upon publication.
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James A. Tralle, Mayor
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S~ndra Thacker y, City Clerk
Mfidavit of Publication
.
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STATE OF MINNESOTA )
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COUNTY OF SHERBURNE)
IDLrY\ ~~~ . ,
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicaLle
laws, as amended.
(B) The printed k?~ztti)v 1':). -II
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for J ~uc-
cessive weeks; it was frrst published on Wednesday, the J It)
day of ~'" , 19 Cj:J-; and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bed e fg h ij k 1 m n 0 p q r 8 t u v w x y z
By~r~ /j~~~
TITLE: ~U
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Subscribed and sworn to before me on this
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RATE ~~nQNt.},,~~N\I'-NIN...,<i<:'O;;.
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
day of
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Notary Public
$ "3.00
$ '-is' (01)
$ 45"O~