3.3. SR 10-15-2007City of /
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ERiver
REQUEST FOR ACTION
To Item Number
Ci Council 3.3.
Agenda Section Meeting Date Prepared by
Consent October 15, 2007 Tina Allard, Ci Clerk
Item Description Reviewed by
Authorization to Update Chapter 38, Article IX Sexually Lori ohnson, Ci Administrator
Oriented Land Uses Reviewed by
Action Requested
Confirmation from the Council for staff to move forward with an update of the city's ordinance relating
to the licensing of adult entertainment businesses.
BackgroundlDiscussion
During the review process of the city's fee schedule fox 2008, I noticed there is no fee being charged for
the licensing of adult use businesses, which is allowed according to Section 38-463. In the process of
reviewing fees, it looks as though Chapter 38, Article IX., Sexually Oriented Land Uses, may be in need
of an update.
Some of the items the Council may want to consider adding to our licensing requirements axe:
^ persons ineligible for license
^ requirement of more detailed application information
^ allowance of inspection of premises
• background investigation requirements
^ grounds fox denial/suspension
^ restrictions (such as age of employees/customers)
Standards to guide the conduct of the licensed business should be a part of the licensing ordinance. Cities
can regulate adult uses through zoning and licensing ordinances so long as the justification fox the
regulation is to combat negative secondary effects such as increased crime, noise, littering, and vagrancy.
A licensing ordinance must have definite standards, require a decision within a specific period of time,
and provide for a prompt judicial review by a court of law if the license is denied.
Attachments
^ Current City Ordinance
Action Motion by Second by _ Vote
Follow Up
S:\Council\Cletk\Adult Us'e\Afiim~ Ord Change.do<
ARTICLE IX. SEXUALLY ORIENTED LAND USES
DIVISION I. GENERALLY
Sec. 38-441. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Sexually oriented land use means any building, structure, establishment, place of business or use of
property which is engaged in:
(1) The sale, barter, rental, ox distribution of printed matter, pictures, slides, videotape, audiotape
ox film depicting specified anatomical areas ox specified sexual activities;
(2) The sale, baiter, rental or distribution of sexual devices ox paraphernalia; or
(3) Services or entertainment, if such service or entertainment is characterized by, depicts or
exhibits specified anatomical areas ox specified sexual activities.
Sexually oriented land uses do not include any building, structure, establishment or use of property fox
retailing or rental of merchandise where ten percent or less of the display floor area is used for sexually
provocative material as proscribed in Minn. Stars. g 617.293 and where such merchandise is screened
and controlled to prohibit access by minors.
Specified anatomical areas means:
(1) Less than completely and opaquely covered:
a. Human genitals or pubic region;
b. Buttock; and
c. Female breast below a point immediately above the top of the axeola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(1) Acts of human masturbation, sexual intercourse or sodomy, sadomasochism, or any acts of
bestiality.
(2) Fondling ox other erotic touching of the human genitals, pubic region, buttock ox breast of
either a male ox female.
(3) Human genitals in a state of sexual stimulation or arousal.
(Code 1982, ~ 726.00)
Cross references: Defmitions generally, g 1-2.
Sec. 38-442. Violations; penalties.
Every person who commits or attempts to commit, conspires to commit ox aids or abets in the
commission of any act constituting a violation of this article, whether as an individual or in connection
with one ox more persons or as principal, agent or accessory, shall be guilty of a misdemeanor, and
every person who falsely, fraudulently, forcibly, ox willfully induces, causes, coerces, requires, permits
or directs another to violate any of the provisions of this article is likewise guilty of a misdemeanor.
Each violation of this article shall constitute a separate offense. Conviction of a violation of this article
shall be grounds fox suspension ox revocation of any license issued under this article.
(Code 1982, ~ 726.12)
Sec. 38-443. Hours of operation.
From 11:00 p.m. Saturday to 9:00 a.m. Monday, no licensee shall operate a sexually oriented land use,
nor shall a licensee operate on any other day before 9:00 a.m. ox after 11:00 p.m.
(Code 1982, ~ 726.08)
Sec. 38-444. Motion picture arcades.
The interior of any place in which the public is permitted, wherein coin- ox slug-operated or
electronically, electrically or mechanically controlled still ox motion picture machines, projectors ox
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
the depicting ox 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.
(Code 1982, ~ 726.10)
Secs. 38-445--38-460. Reserved.
DIVISION 2. LICENSE
Sec. 38-461. Required.
It shall be unlawful for any person to engage in or carry on the business of operating a sexually
oriented land use without first obtaining a license to carry on such business.
(Code 1982, ~ 726.02)
Sec. 38-462. Application; issuance; transfer.
Any person, either as principal or agent, desiring to engage in ox carry on a business ox occupation
defined as a sexually oriented land use within the corporate limits of the city shall file an application fox
a license fox that purpose with the city clerk, which application shall be made in writing at least 20 days
before issuance thereof, wherein the applicant shall state the applicant's name, the proposed place of
business, the length of proposed duration of the license, a description and the location of similar
business operations (if applicable), and whether ox not the applicant has ever been convicted of any
crime ox misdemeanor and, if so, the nature of the events and the punishment or penalty assessed
therefor. The license shall be issued to the business and the individual responsible for the operation of
the business. 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 fox the operation of a sexually oriented land use.
(Code 1982, § 726.04)
Sec. 38-463. Fee; term.
Every person requiring a license under this division shall, on or before the time for filing application
fox such license, pay to the city treasurer a fee as fixed by resolution of the city council. The license fee
shall be for one year or any part thereof, and the license shall terminate on December 31 next
succeeding the date of the issuance of such license.
(Code 1982, ~ 726.06)
Secs.38-464--38-480. Reserved.