HomeMy WebLinkAbout1993-10 Amending Section 850 And Adding Section 1345 To The Code To Provide Standards For Sexually-Oriented BusinessesORDINANCE
AN ORDINANCE AMENDING THE C
FOR SEXUALLY -ORI
THE CITY COUNCIL OF THE CITY OF EDIT
Section 1. Subsection 850.01 of the City
paragraphs:
1993-10
CODE TO PROVII
ED BUSINESSES
ORDAINS:
is amended
ST.
adding the
"The Council also finds that sexually- riented businesses liave adverse secondary
characteristics particlularly when they nay be accessible to minors or ar located
near residential properties or schools, d ty care centers, librades and parks, d such
businesses can exert a dehumanizing i4fluence on persons attending or u g such
residential properties or schools, day cpxe centers, libraries and parks.
Sexually -oriented businesses can contri ute to an increase ii
i criminal activ
ty in the
area in which such businesses are loca Led.
Sexually -oriented businesses can si cantly contribute
to the deterio
ation of
residential neighborhoods and can impz ' ithe character and
uality of the rE
sidential
housing in the area :qi which such bus' iesses are located, t
lereby exacerb
ting the
shortage of affordable and habitable h using for City resid
ents.
The concentration lof sexually-orien ed businesses in
ne area can
have a
substantially detrimental effect on he area in whit
such busin
ses are
- concentrated and on the overall quali of urban life. A c
ole of decay c
result
from the influx and concentration of s ally -oriented bus'
esses. The presence
of
such businesses is perceived by others an an indication that
a area is dete
iorating
and the result can be devastating -- ot er businesses move
out of the vic
'ty and
residents flee from the area. Declining real estate values, which
can result
from the
concentration of such businesses, erod the City's tax base and
contribute I
D overall
urban blight.
The regulation of the location and oration of sexually
-oriented bus'
esses is
warranted to prevent the adverse secoi day effects of such
businesses on 1
he City's
crime rate, its retail trade, its properl rValues, and in general
the quali
y of the
City's neighborhoods, commercial and industrial districts,
d urban life"
Sec. 2. Subd. 3 of Subsection 850.03 of the C�ty Code is amended by adding the 1
definitions:
"Adult Body Painting Studio. An est
service of applying paint or other
transparent, to or on the body of a pa
nude in terms of Specified Anatomical
or
when such
;s which prov
transparent
is wholly or
Adult Bookstore. An establishment or usiness which barters, rents or se
consisting of printed matter, pictures, slides, records, audio tape, videc
motion picture film d either alone or when combined wi Adult Motioi
Rental or Sales and Adult Novelty Sal es within the same business prep
either 10 percent or more of its stock trade or 10 perc nt or more of
area containing items which are distin 'shed or characterized by an emr
the depiction or description of Specifie I Sexual Activities or Specified An
Areas.
Adult Cabaret. An establishment or
entertainment, if such dancing or
characterized by an emphasis on the
of Specified Sexual Activities or Spe
ess which providE s dancing or
live entertai=c nt is disting
ntation, display, epiction or c
Anatomical Are
Adult Companionship Establishment. n establishment or usiness which
the service of engaging in or listening o j conversation, talk or discussion
an employee of the establishment and a customer, if suchservice is disti
or characterized by an emphasis on Specified Sexual Activities or
Anatomical Areas.
the
non -
s items
ape, or
Picture
ses has
is floor
.asis on
r live
!d or
ption
Adult Conversatio p Parlor. An esi ablishment or bus' ss which pro 'des the
service of engaging in or listening to cor versation, talk, or di cussion, if sud i service
is distinguished or characterized by an emphasis on Specified Sexual Ac ' 'ties or
Specified Anatomical Areas.
Adult Health/Sport Club. An establishnent or business which excludesors by
reason of age and is distinguished or characterized by an emphasis onf
ecified
Sexual Activities or Specified Anatomical Areas.
Adult Hotel or Motel. A hotel or motel
from patronage and wherein materiz
characterized by an emphasis on matter
Sexual Activities or Specified Anatomic
Adult Mini -Motion Picture Theater.
capacity for less than 50 persons i
characterized by an emphasis on Spe
Areas for observation by patrons the
2
)m which minors
is presented whi
U Areas.
building or portio
for presenting m.
3 Sexual Activities
-e specifically xcluded
h is distingushed or
or relating to pecified
of a buildin with a
terial distin shed or
r Specified An tomical
Adult Modeling Studio. An establi
figure models who engage in S
Anatomical Areas while being ob,
sculptured, photographed, or othe
Adult Motion Picture[ Arcade. Any pla
wherein coin or slug -operated or
controlled or operated still or motion
producing devices are maintained to
machine at any one time, and where
characterized by an emphasis on depi(
or Specified Anatomical Areas.
Adult Motion Picture Rental or Sales.
rents or sells videotapes or motion pict
with Adult Bookstore or Adult Novelty
either 10 percent or more of its stock
area containing itemg which are distin
the depiction or desdription of Specifif
Areas.
.it or business whic]
ed Sexual Activitit
1, painted, painted
depicted by such c
to which the nubli
ure machines,
)w images to
images so disl
or describing
establishment or
film and either
les within the san
trade or 10 perc
[shed or character
Sexual Activities
provides to c tourers,
or display 1pecified
pon, sketchedl drawn,
is permitted
cally" or me,
jectors or otl:
or fewer pe
!d are distinE
cified Sexual
invited
anically
image -
ons per
fished or
ctivities
barters,
ne or when c mbined
business prer dses has
Lt or more of its floor
ed by an emy hasis on
Specified tomical
Adult Motion Picture Theater. A build g or portion of a 'ding with a apacity
of 50 or more persons used for preseni ' g material distinguished or chan cterized
by an emphasis on Specified Sexual Activities or Specified Anatomical A reas for
observation by patrons therein.
Adult Novelty Sales. An establishInE
t or business whi
h sells devic
which
stimulate human genitals or devices wl iich are designed for
sexual stimula
don and
either alone or when combined with
Adult Bookstore and
Adult Motior
Picture
Rental or Sales has either 10 percent o
more of its stock in
trade or 10 pc
rcent or
more of its floor area containing such items and other items
which are dis '
guished
or characterized by an emphasis on the
depiction or descrip
'on of Specifie
I Sexual
Activities or Specified Anatomical Areas.
Adult Sauna/Bathhouse/Steam Room.
establishment or
usiness which
xcludes
minors by reason of age and which prc
vides a steam bath
or heat bathing
room if
the service provided by the sauna is dis
inguished or characterized
by an emphasis
on Specified Sexual Activities or Spec'
ed Anatomical Areas.
Sexually -Oriented Businesses. Adult bo
kstores, adult motion
picture theate
rs, adult
motion picture rental, adult mini motion picture theaters,
adult
steam
room/bathhouse/sauna facilities, adi
lt companionship
establishment, adult
rap/conversation parlors, adult heal
sport clubs, adult
abarets, adult novelty
businesses, adult motion picture
cades, adult mo
eling studio
adult
3
hotels/motels, and adult body painting
other premises, enterprises, establishme
is an emphasis on the presentation, di
Sexual Activities or Specified Anatomic
members of the public. The term "sexua.
to include: (i) school or professional
psychologists, physical therapists, to
performing functionsi authorized unde
businesses operated by or employing lic
functions authorized under licenses hel
accordance with Section 1340 of this C
tudios as herein do
s, businesses or pla
lay, depiction or c
Areas which are c,
r -oriented business
ices of licensed ph
.hers or similar
fined. In addi
:es at or in whi
escription of 5
pable of being
shall not be cc
the licenses held, (ii) establis:
ised cosmetologists or barbers I
(iii) businesses or individuals
de, or (iv) the sale of clothing.
Specified Anatomical Areas. (i) Less thz n completely and o
genitals, pubic region, buttock, anus, or emale breast(s) be]
above the top of the areola; or (ii) Ht man male genitals
state, even if completely and opaquely overed.
Specified Sexual "'vities. (i) Ac or simulated se
copulation, anal intercourse, oral-ancopulation, best',
stimulation of unclothed genitals, Hage ation or torture in ih
relationship, or the use of excretory func 'ons in the context of
and any of the following sexually-orie tied acts or conduct
coprophagy, coprophilia, cunnilingus, f llatio, necrophilia, p
piquerism, sapphism, zooerasty; or, (ii) Clearly depicted hurn
of sexual stimulations arousal or tu=me cence; or, (iii) Use
ejaculation, sodomy, oral copulation, coitus, or masturbation
touching of nude human genitals, pubi region, buttocks, o
Situations involving a person or persons, any of who
undergarments or in sexually revealing c stumes, and who
involving the flagellation, torture, felt g, binding or oth
any such persons; or, (vi) Erotic or 1 d touching, fondlir
oriented contact with an animal by a uman being; or,
urination, menstruation, vaginal or anirrigation."
Sec. 3. Subd. 4. of Subsection 850.1Planned
Code is amended by adding a principal use as Follows:
"Sexually -Oriented Businesses."
Sec. 4. Subd. 11. of Subsection 850.1
Code is hereby amended by {adding a new pai
"N. Standards for Sexually -Oriented B
4
Planned Ci
rash N. as
a point
a disce
ality, direct
e context of
a sexual rela
. anilingus,
an genitals in
of human c
; or, (iv) Foi
female brea:
are nude,
e engaged in
r physical re;
g or other
") Human e
ion, all
h there
)ecified
;een by
istrued
-actors,
,sionals
2nts or
orming
used in
human
Aiately
turgid
e, oral
hysical
sexual
anship,
aggery,
ie state
animal
ling or
or; (v)
lad in
int of
District, of t�e City
District, of
City
1. No sexually -oriented business sh
other sexually-priented business
shall be made in a straight line,
objects, from the nearest poin
sexually -oriented business to
premises of any other sexually -o
2. No sexually -oriented business sh,,
property m th R-1, R-2, PRD,
zoned propezin any city adjoin
in a straight line, without regard
the nearest point of the actual 1
business to the nearest bounda
District."
Sec. 5. The City Code is hereby amende(
"SECTION 1345 - SEXUALLY
ll! be located closer i
r licensed day-care I
viithout regard to in
of the actual bus
ie, nearest point o
tinted business or lic
1 be located closer i
SR or MDD Distric
ng the City. Meast
to intervening stru
usiness premises o:
y of the R-1, R-2
to provide a new
m 500 feet fi om any
:ility. Meas ements
evening struc es or
ess premises of the
the actual 4usiness
used day-care Vacility.
Lan 500 feet
, or any resi
ements shall
sures or obje
the sexually
PRD, PSR,
1345 as
1345.01 Findings, Purpose and Objectives The Council finds that sexually
businesses have adverse secondary characteristi s particularly when they may be 2
to minors or are located near residential prope rdes or schools, day care centers,
and parks, and can exert a dehumanizing infl ence on persons attending or u.,
places or facilities.
m any
atially
made
,from
iented
MDD
llows:
such
Sexually -oriented businesses can contribute to increase in c ' ' al activity in me area
in which such businesses ale located, taxing city crime-preventic in programs ai Ld law-
enforcement services.
Sexually -oriented businesses can significantly contribute to the dete ioration of res dential
neighborhoods and can impair the character ard quality of the residential housing in the
area in which such businessesare located, they y exacerbating the shortage of aff rdable
and habitable housing for Ciy residents.
The concentration of sexually -oriented busine
detrimental effect on the area in which such bus
quality of urban life. A cycle of decay can re
sexually -oriented businesses. The presence of s
indication that the area is deteriorating anc
businesses move out of the vicinity and residen
values, which can result from the concentratic
base and contribute to overall urban blight.
5
ses in one area c have a subst
nesses are concentrated and on the
ult from the influx and concentre
ich businesses is pet ceived by othe
the result can be devastating -
s flee from the area Declining rea
i of such businesse . erode the Ci
tion of
sasan
other
estate
.Vs tax
The regulation of sexually -oriented busines
warranted to prevent criminal activity and pr
of criminal activity and the promotion of I
respect to sexually -oriented businesses which
other business activities in the City.
1345.02 Terms. The following terms
this Code:
A. Adult Body Painting Studio.
B. Adult Bookstore.
C. Adult Cabaret.
D. Adult Companionship Establishr
E. Adult Conversation/Rap Parlor.
F. Adult Health/ port Club.
G. Adult Hotel or Motel.
H. Adult Mini -Motion Picture Thea
I. Adult Modeling Studio.
J. Adult Motionicture Arcade.
K. Adult Motion Picture Rental or
L. Adult Motion Picture Theater.
M. Adult Novelty Sales.
N. Adult Sauna/Bothhouse/Steam
O. Sexually -Oriented Businesses.
P. Specified Anatomical Areas.
Q. Specified Sexual Activities.
1345.03 License Required. No person shz
- the City unless such businesI is currently lice
1345.04 License Application. Every app:
be made on a form supplied by the Clerk and
of Section 160 of this Code shall apply to all
holders of such licenses. In addition to the
Code, the application for a license under
information. Failure to complete or supply sL
a license to be denied.
A. If the applicant is a natural
1. The true name, place and
number of the applicant.
2. Whether the japplicant has
2
by prescribing lic using requires
►te public health. Further, the pre
is health requires intensive effo:
eed those required to control and:
the meanings
:rate a sexu
under this
)n for a license u
be filed with the
ses required by t
nation required'
Section shall c
formation may c�
of birth, current
I used or has been
by
Lents is
vention
is with
egulate
850 of
ited businest within
!r this Section shall
ark. The pr visions
Section and to the
Section 160 of this
tai the fo owing
e an applica 'on for
ress and telblione
by a nam* other
than the appcant's true nam #; and if so, such � name or nares and
information c ncerning dates places where used I
3. A specific statement as to
licensed.
type and nature lof the busine4s to be
4. The name of the business, if it to be conducted der a name o er than
the full individual name of the ap licant, in which case a certified col y of the
certification required by M.S. Chapter 333, shall be attached to the
application.
S. The addressees at which the a
years, including a statement of he
a resident of the State during the
date of applicItion.
6. The kind, name and location o
applicant has been engaged duri
7. The names and addresses of 1
if any, who were such at any tin
8. Whether the applicant has ev
violation of any provisions of t
violations and, if so, information
convictions were had.
9. A physical description of the
B. If the applicant is a partnership:
1. The names and addresses of
each partner as is required of
Subsection.
2. The name(s) of the managing
in the business,
licant has lived
long the applic,
riod as of and v
every business or
g the preceding f
.e applicant's emr
during the prec(
been convicted o
is Code or State 1
.s to the time, plac(
ring the previ us five
has been conti nuously
.ediately precei ling the
:cupation inch the
years.
(er(s) and pa
ng five years.
any felony, c
aw other tha
and offense fi
e, or
traffic
which
partners and all i#flormation co erring
i applicant under I paragraph A. I of this
), and the i
of each
3. A true copy of the partners agreement shall a submitted 'th the
application. If the partnership ' required to file a certificate as trade
name under the provisions of S. Chapter 333, a ertified copy f such
certification shall also be attache .
7
C. If the applicant is a corporation
1. The name of the applicant,
other orzanizatioh:
if incorporated, tho state of
2. A true Certificate of Good St ding, dated as of a current date, d true
copies of the Articles of Incorpor tion or Association greement an Bylaws
shall be attached to the applicati n. If a foreign corporation, a C cate of
Authority issued pursuant to M. . Chapter 303, sh also be attac d.
3. The name of the person(s) who is to manage the business and all
information concerning the pers n(s) as is required of an applicart under
paragraph A. of this Subsection.
4. The names of all officers, directors and persons ho control or own an
interest in excess of five percent n such corporation or organization and all
information concerning the per. ons as is required of an applicant under
paragraph A. of this Subsection.
D. The location of the premises to 4 licensed and a flodr plan of the p#emises.
E. Whether the applicant is licensed ' other cities or has had a license r avoked,
or has been denied a license, to i onduct any of the activities required to be
licensed hereunder; and if so, Aien and where the applicant is or was so
licensed, has had a license revo d or has been denied a license.
1345.05 License and Investigation Fees.
Subd. 1. License Fee. Each applica
'on for a license or
newal license
hall be
accompanied by the fee set forth in Sec
n 185 of this Code.
Upon rejectioi
i of any
application for a license, the Clerk shall
refund the amount
paid.
Subd. 2. Investigation Fee. At th
time of each ori
'nal applicatio
for a
license, the applicant shall deposit an investigation
fee asst
forth in Sect
on 185
of this Code. The cost of the investigat
on will be based on
the expense ir
volved.
All deposited monies not expended on
the investigation will
be refund&
to the
applicant.
1345.06 Investigation. All applications s
Chief and to such other City departments f
application. Within 45 days after the applic,
consultants shall submit a written recommend.
issuance of the license, setting forth the facts
8
t be referred by a Clerk to th
investigation of facts set forth
n date, the Police Chief and ax
n to the Manager as to issuance
in which the recommendation is
Police
in the
other
)r non -
based.
1345.07 Approval or Denial of Applicatic
the Manager shall either approve or deny t]
writing of the decision. If the application is
If the application is denied, the Clerk shall
applicant, together with the reason or reasoi
forth in Subsection 160.041 of this Code a
following reasons:
Subd. 1. Under Legal Age. If an i
Subd. 2. Conviction without Suffic
principal officers, managers, directors,
association, or any partners, if a partn
crimes directly relating to the operation
in M.S. 364.03, Subd 2, and has nc
rehabilitation and present fitness to I
provided in M.S. 3641.03--, Subd. 3.
Subd. 3. Prior Dual of License.
managers, directors, shareholders, or ov
partners, if a partnership, has within tw
denied a license under this Section or w
issued under this Section.
itestriction.
Subd. 4. Zoning If the
of the requirements of Section 850 of
businesses.
Within 60 days aft
application and sh
proved, the Clerk
rnish written notic
for denial. In addi
ense may also be
iividual applicant is
nt Rehabilitation.
or
the applicati
l notify the
all issue the
of the denia
►n to the rea
nied for an,
in date,
Ierk in
to the
ins set
of the
under the age! of 18.
the al
s. if a
ship, has been co 'cted of any c
f a sexually -oriented business, as F
shown competent evidence of si
rform the duties and responsibil
the applicant, or any principal
iers, if a corporatio or association
years prior to the d to of applicati
un the period has ad revoked ani
premises to be
us Code with i
Subd. S. Ineligible Premises. If the remises to be licen
as an escort service, physical culture and health service, phi
club, reducing club, reducing salon or massage parlor in a
1340 of this Code or is currently license I to sell beer, wine
with Section 900 of this Code.
1345.08 Renewal Application. Not less
expiration of any license issued pursuant to
renew the license shall submit a written appli,
Clerk together with payment in full of the lic
The renewal application shall be forwarded to
the renewal application date, either approve
Clerk in writing of this decision. The Clerk shy
notify the applicant in writing of the denial s
an 30 nor more 1
Ls Section, any h(
ion to the Clerk c
se fee as required
e Manager who sl
deny the applicai
then issue the lice
inz forth the rea:
does not
to
or any
tion or
ime or
-ovided
fficient
ies, as
fficers,
or any
n been
license
feet all
is currentlycensed
al culture an health
,rdance with ection
liquor in acc rdance
in 60 days be
re the
ise holder des
g to
forms provide
by the
)r the original
'cense.
1, within 30 d
after
n and shall n
the
.e or, in case o
denial,
i or reasons
efor.
1345.09 Appeal to Council. Any applica4t may appeal the denial of a lice*e or a
01
license renewal by filing a written notice of
within 30 days after the denial. The Council sl
notice is filed, and opportunity shall be gives
opposing the issuance or renewal of the license
additional investigation as it deems necessary
operate until final action by the Council u]
prohibited by Council resolu4tion made after tl
1345.10 License Not Transferable; Dura
applicant only and shall not be transferable to
named as partners on the application, as re
Subsection 1345.04 and any change in the pe
required by paragraph C. 4, of Subd. 1 of Sub.,
for purposes of this Section. If the licensee is a
partners of less than 25 percent cumulatively c
a transfer. The change in or addition of a
corporation licensee shall not be deemed a to
Section shall be effective from July 1 through
1345.11 Suspension ori Revocation of Li
period not exceeding 60 days, or revoke, any l
finding a violation of any provision of this Sect
of this Code or State Law or regulation affec
Except in the case of a suspension pending
suspension by the Council shall be preceded b;
in accordance with Subsection 160.16 of this
licensee personally or by mailing it to the bu
application or on file with the Clerk. The not
time and place of the hearing and shall state th
The Council may, without notice, suspend any
a period not exceeding 30 days.
1345.12 Restrictions and Regulations.
appeal to the Coun,
all hear the appeal i
to any person to 1
The Council may
Any licensee is au
on licensee's rene`
e denial.
in the Cler
hin 30 days
heard in fa:
ler and con(
razed to co:
Each license hall be issue(
ther holder. Any change in the
ed by paragraph B. 1, of Sul
s who are namf d in the applic
on 1345.04, s 1 be deemed a
ted partnership, a change in the
the license peric d, shall not be
president, secre ary, or treasu
!r. All licensessued pursuan
e 30. Is
mse. The Council may suspend
;erase issued pursuant to this Secti
)n or upon violation of any other p
ng the activities covered by this
a hearing on rev ation, revoo
written notice to th 2 licensee of a
:ode. The notice maybe served t
ness or residence address set fort
e shall give at least ten days noti(
nature of the charges against the
.cense pending a he g on revoc,
office
ter the
of or
:t such
nue to
unless
to the
)ersons
1. 1 of
ition as
ransfer
limited
leemed
erofa
to this
.or any,
n upon
ovision
section.
tion or
fearing
)on the
in the
of the
censee.
ion for
Subd. 1. Hours of Operation. Nob siness licensed under this Section hall be
open for business, and no customers be permitted on the premises, betty en the
hours of 10:00 P.M. and 8:00 A.M.
Subd. 2. Minors. No licensee shall
of 18 years to enter the licensed premis
of all persons the licensee believes to bi
10
permit or allow any
s. The licensee sha
under the age of 1
person under
I request proo:
3 years.
ne age
of age
Subd. 3. Health and Sanitation. j
A. Any partition between a subdivi:
having an aperture which is designed o
sodomy, or fondling 'or other erotic t(
pubic hair, buttock, nor female breast
partition.
licensee shall not allow:
on, portion, or part f the licensed remises
constructed to farl ate sexual int course,
aching of human g 'tals, pubic r gion or
>) between persons on either sid of the
B. A licensee shall not allow or have on the licensed prer
any booths, stalls, or' partitions used f r the viewing of m,
forms of entertainment that have doon, curtains, or portal
booths, stalls, or partitions have at leas one side open to a
so that the area inside is visible to pers in the adjacent pi
shall be lighted in a manner that the p rsons in the area u:
pictures or other forms.of entertainmen are visible from the
C. The Sanitarian; shall have the
the licensed premises and adjoining
infection or reduce the spread of comn
the authority to issue' orders to the lic
l
Subd. 4. Display.l No products or
licensed premises or any activities whi
visible from any point outside the lice
Section 6. The City Code is hereby
as follows:
_. i 111000.11 Nudity in Certain Places. No
A. Any place or premises licensed as a
of this Code;
B. Any place or premises licensed to
900 of this Code;
Lority to inspect
aas in order to
icable diseases.
;ee regarding he
archandise offered
occur inside the Iii
ad premises."
to provide a
ices or adjoiniihg
areas
tion pictures
r other
partitions, unl ss such
adjacent pub
c room
blic room. Sul h areas
°d for viewing
motion
adjacent publi
rooms.
cause to be '
pected
certain the s
ce of
a Sanitarian sh
have
i and sanitati
sale or renta.
by the
ed premises
shall be
subsection 11DOO.11
shall appear in state of nudiin:
establishment pursuant to Secti n 720
beer, wine, or liquor pursuant to
C. Any place, room, or rooms to which i i0mbers of the pub c are admitte which
adjoin and are accessible from places or premises described ' paragraphs . or B.
of this subsection except public restroon s as defined in Sec on 455 of thi Code;
or,
D. Any place, room or rooms where
persons in a state of nudity.
admission or fee i� charged for
For purposes hereof, "nudity" means (i) less th
genitals, pubic region, buttock, anus, or femal(
the top of the areola; or (ii) human male ge
completely and opaquely covered."
Section 7. This ordinance shall be in
publication.
First Reading: August 2, 1993
Second Reading: August 16, 1993
Published in the Edina Sun -Current on
ATTEST:
__2�W _)71�_
City Clerk
12
n completely and c
breast(s) below a
itals in a discerna
�11 force and effel
ugust 25, 1993
Mayor
[uely covere human
Lt immediat above
turgid state, even if
upon its pass4ge and
f
i�>.A'IMINNESarA
hd
Pu VuC� VTK
AFFIDAVIT OF I31.1131LICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Lee J. Canning , being duty sworn a an oath says that he/she
the publisher or authorized agent and employee of the publisher of the newspaper known
Sun -Current , and has full km 4edge Of the fads which
C
stated below.
(A) The newspaper has complied with all of the requirements constituting qualifici don as a qualified rtewspap
as provided by Minnesota Statute 331A.02, 331AA7, and other applicable laws, i s amended.
(B) The printed Legal n -199'-10
which is attached was cut from the columns of said newspaper, and was printed ar published once each w
for one successive weeks; it was first published on , tlto 25th
of A u il u s t , 1943--, and was thereafter print and published on e
and including , the day of ,
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
and kind of type used in the composition and publication of the notice:
abcdefghi wrwxyz
W.
19
ed before eon this
day of�-
-
PAMEL- ' „ div MILLER.
WARY PUBLIC MINNESOTA
CAF ''FR COUNTY
My Cc.r xpires jan 18. 1999
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matt
(3) Rate actually charged for the above matter
to
and printed below is
led as being the size
$ 1 1.60 per line
(Lword, or inch rate)
e,
$ 96.64 per line
(L ie. wo , or inch rate)
$ 1 724: per line
(Lie. word, or inch rate)
a� C
Ji
i
MI of Edi •,
t otftebrk pabf&atlon►
CITYOF EDINA
4001 WEST 50M STREET .
EDINA, MINNESOTA WPW
ORDINANCE NO. MS 10
AN ORDINANCE AMENDING THE CITY CODE TO PROVIDE STAN RDS
FOR SEXU&LLIPORIENTED BUSINESSES
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Subsection 850.01 of the City Code is amended by adding the followin para�
"Phe Council finds
also that sexually -oriented businesses have adverse
characteristics particularly when they may be accessible to minors or are I
ends
ted us
residential properties or schools, day care centers, libraries and parks, and su
businesses can exert a dehumanizing influence on persons attend or
pe
frig su
residential properties or schools day care centers, caries and parks.
Sexually -oriented businesses can contribute to an increase in criminal ac
Area in which businesses located.
'ty in t
such are
Sexually -oriented businesses can significantly contribute to the deter'
nation
residential neighborhoods and can impair the character and quality of the
i mident!
housing in the area in which such businesses are located, thereby exacerbatinl
the she
age of affordable and habitable housing for City residents.
The concentration of sexually -oriented businesses in one area can have
substs
tially detrimental effect on the area in which such businesses are cone en ated ai
on the overall quality of urban life. A cycle of decay can result from the infl
and cc
centration of sexually -oriented businesses. The presence of such businesses
iv
by others as an indication that the area is deteriorating and the result can be
astatic
— other businesses move out of the vicinity and residents flee from the a
. Dech
Ing real estate values, which can result from the concentration of such bus'
ero
the City's tax base and contribute to overall urban blight. .
The regulation of the location and operation of sexually -oriented bust
is wa
ranted to prevent the adverse'secondary effects of such businesses oe the
's crin
rate, its retail trade, its property values, and in general the,quaiftyof
Cit1
neighborhoods, commercial and industrial districts, and urban life"
Sec. 2. Subd.3 of Subsection 850.03 of the City Code is amended by addi
the fob
! definitions:
"Adult Body Painting Studio. An establishment or business which provid
the ser
ice of applying paint or other substance, whether transparent or non-tra
renti
or on the body of a patron when such body is wholly or partially nude i
Specified Anatomical ,Arras.
terms
Adult Bookstore. An establishment or business which barters, rents or
Its iters
consisting of printed matter, pictures, slides, records, audio tope, videota
!or motif
picture film and either alone or when combined with Adult Motion Pic
Rental
Sales and Adult Novelty Sales within the same businesspremixes has eithe 0 perce
or more of its stock in trade or 10 percent or more of its floor area contai
'ng sten
which are distinguished or characterized by an emphasis on the depiction
tion of Specified Sexual Activities Specified Anatomical Areas.
r descri
or
Adult Cabaret. An establishment or business which provides dancing o 'other li,
if dancing 'shed
entertainment such or other live entertainment is distin
characterized 1 y an emphasis on the display, depiction or d
ription
presentation,
Specified Sexual Activities or Specified Anatomical Areas.
Adult Companionship Establishment. An establishment or business whi
provi
the service of engaging m or listening to conversation, talk or discussion
ween
employee of the establishment and a customer, if such service is disci
' hed
characterized by an emphasis on Specified Sexual Activities or Specified
atomi
Areas.
Adult Conversation/Rap Parlor. An establishment or business which Novi
the sei
ice of engaging in or listening to conversation, talk, or discussion, d suc service
distinguished or characterized by an emphasis Specified Sexual Activities Specifl
on
Anatomical Areas.
Adult Health/Sport Club. An establishment or business which excludes
minors
reason of age and is distinguished or characterized by an emphasis on Sp
cified
ual Activities or Specified Anatomical Areas.
Adult Hotel or Motel. A hotel or motel from which minors are specifical
y exclu
from patronage and wherein material is presented which is distinguished oi characti
ized by an emphasis on matter depicting, describing or relating to Speci led Sex
Activities or Specified Anatomical Areas.
Adult Mini -Motion Picture Theater. A building or portion of a building wi
a cape
ty for less than 50 persons used for presenting material distinguished or c
by
acteri
an emphasis on Specified Sexual Activities or Specified Anatomical
for
nation by patrons therein.
Adult Modeling Studio. An establishment or business which provides to ustom
figure models who gage in Specified Sexual Activities or display Specified
Areas while being observed, sketched, drawn,
painted, painted upon,
photographed, or otherwise depicted by such customers.
culpt
Adult Motion Picture Arcade. Any place to which thepublic is permi
or invi
wherein coin or slug -operated or electronically, electrically or mechanicall
con
or operated still or motion picture machines, pro'ectors or other imag Pioduc'
devices are maintained to show images to five or ewer tis
per mac
one time, and where the images so displayed are disci bed ore
at
'zed by
emphasis on depictirigor describing Specified Sexual Activities or Specified
tom
Areas.
Adult Motion Picture Rental or Sales. An establishment er business w
the
a 1c
this
A.
7.
W
8.
at
in
9.
B. If
1.
nt
2.
in
3.
If
Of
C. I If
1.
2.
th
to
to
3.
l L '
IS a G'nngg and the t sant be dtwastatingjotj�:� move out
idertfs3lee fliningreal can result
such businesses. the Citv's tax contribute to overall
keilth �equjees intensive efWtts lth respect to sexuavy-
regw' pq caktrol and to J/�ticter busiopes activities
have a meanings provi by tion 850 of this Code:
Picture Rental or
Picture Theater.
Sales. i
d. No person sh411 operate a ser
is curmntly licetsed under this
shall ly to all li req ' by this Section and th
o the ormation r fired by tion 160 of this Cole the
esti shall contain followi information. Fail to
may use an applic tion for license to be deni
ie ap icant is a natc al perso
he name, place and date birth, current ad s i
appli nt.
theth r the applicant has ever ised or has been kn n t
lican true name; and if so, s ich a name or names inc
x an places where Used. -
s is statement as to the t rpe and nature of the bur
he a of the business, if it i to be conducted and a
vidu name of theapplicant, i which case a certifi co
ed b M.S. Chapter 33, shall attached to the apj lict
he a at which the ap icant has lived duri th
ling statement of how long applicant has been ti
e d the perioda�dss of and ately precedi tb
he ki , name and loc.+ation of ery business or occu atii
been engaged during the p ding five years.
be es and addresses of the pplicant's employer( ) at
e sit at any time dulring the oreoeditig five years.
the r the applicant has ever n convicted of any elo
Prov ions of this Code or Stab Law other than traff c vi
ion to the time, place and ffense for which con ctii
ph ical description of the a plicant.
to a licant is a partnership:
be mes and addresses of all rtners and all inforr iati
as i required of anpplicant under paragraph A, th
he me(s) of the managing rtner(s), and the in re
true copy of the partnership greement shall be suamit
4.1 The
tnership is required to fit a certificate as to tra
hapter 333, a certified c of such certificati,
licant is a co ration other organization:
me of the appl' ant, an if incorporated, the
Certificate of Stan Ing, dated as of a cw
es of Incorporation or ration Agreement
in ation. If a foreiggnn con ration, a Certificate
hapter 303, shall a]so be trached.
me of the persapi(s) who into manage the busi
be persons) �alss is requ red of an applicant
n.
mes of all officlers. dime ors and versons who
)ercen
s as is
4 the i
rerr}tee to 1te0M8d and a f100i
t isII licensed n other cities or has
to UaidirCt a of the activities reqs
vhe-e the a is or was so I
Wed a lice .
business within the
wtion shall be made
isions of Section 160
kers of such licenses.
ication,for a license
Aete or supply such
d telephone number of
a name other than the
nformation concerning
less to be licensed.
kme other than the full
of the certification ne-
on.
previous fiveyears, in
rously a resident of the
date of application.
in which the applicant
partner(s), if any, who
r, crime, or violation of
ations and if so, infor-
s were hath.
n concerning each part -
Subsection.
of each partner in the
.d with the application.
ne under the provisions
ill also be attached.
A incorporation.
date, and true copies of
=laws shall be attached
thorny issued pursuant
and all information con -
r paragraph A, of this
D1 or own an interest is
ill information concern -
h A, of this Subsection.
of the premises.
license revoked, or has
P be licensed hereunder;
L has had a license re-
...w
'ear
auwe orwuiea wun 1 Li a and Investi"1400F' _ s be accompanied
rovelty $ales within the same business prem has 'then u . 1. ease Fee. Ea applicati dor a license or i�
uuore of its stock in trade or 10 percent or coca of its flow rea c tain- fee forth in Section 185 of Code. Upon rejecti of application for a hcertse
ing items which are distinguished or characterized by an emphasis on the tion Clerk hall refund amount a Ili im a license, the
description of Specified Sexual Activities or Specified Anatomical u . 2. I 0sti4tition Fee At the ti Q of each original Cpl
Adult Motion Picture Theater. A building or portion of a building wi a capac ty of a t steal deposit an im ligation as set forth in Sec on of this Code. The cast of
50 or more persons used for presenting material distinguished or chars terized an h loves tion will be based on th expense involved. Al d tied monies not expended
emphasis on Specified Sexual Activities or Specified Anatomical Area for o rva- n he in ligation will be refund to the applicant.
tion by patrons therein. 134 os Inv i ation. All ap lication hall be referred by t e C rk to the Police Chief and
Adult Novelly Sales. An establishment or business which sells devices w 'chs • Mate to c other City d rumen for inv ligation of facts set fort in the application. Within
human genitals or devices which are designed for sexual stimulation a either lone 95 after a appp lection to the lige Chief and any the consultants shall submit a
or when combined with Adult Bookstore and Adult Motion picture Ren or Sal has wri reco en tion to th Manag as to issuance or no -fss race of the license setting
either 10 percent or more of its stock in trade or 10 percent or more o 'ts floo area for fat upon which th recom endation is based.
containing such items and other items which are distinguished or chars terized an i 07 App al or penial sf Alie tbs. Within 60 days of the application date, the
emphasis on the depiction or description of Specified Sexual Activiti or S tiled Ma a r she either appprovel0 deny a application and s 11 tify the Clerk in writing of
Anatomical Areas. the ion. the applicatioq is ap the Clerk shall i e license. If the application
Adult Sauna/Bathhouse/Steam Room. An establishment or business ich ex udes is ni Clerk shall f h wet notice of the naris to a applicant, together with
minors by reason of age and which provides a steam bath or heat bath) g room 'f the the or sons for dem 1. Ina ion, to the reasons se for in Subsection 160.04 of this
service provided by the sauna is distinguished or characterized by a %empha is on C a lice may also be dried for iry'of the following
Specified Sexual Activities or Specified Anatomical Areas. u . 1. oder Legal Age. If ani 'vidual applicant is d the age of 18.
Sexually-Oriented Businesses. Adult bookstores, adult motion picture ters, dull
motion picture rental, adult mini-motion picture theaters, dult seam u A. 2. conviction withoat Saffici nt Rehabilitation. If t e a licant, or any principal of-
room/bathhouse/sauna facilities, adult companionship establishments, dolt ra /con- i rs, m gens, directors, shareh dais, or owners if a crime or association, t' any
versation parlors, adult health/sport clubs, adult cabarets adult navel triers, if a partnershipp; has bee convicted of any c ' e o crimes directly relating to
adult moron picture arcades, adult modeling studios, adult hotels/m ls, an dull th open 'on df a sexual! orien business, as prove in S. 364.03, Subd. 2, and has
how mpetent evi ce of s fi lent rehabilitatio a present fitness w perform
body ppaainting studios as herein defined. In addition, all other pre en nos co qq
establishments, businesses or places at or in which there is an emphasis n the n- t duti and responsibi ides, as rovided in M.S. 364. , S 3.
tation, display, depiction or description of Specified Sexual Activiti or ified Su . 3. •or Denial of erase If applicant, a awry offices managers direc-
Anatomica Areas which are capable of being seen by members of the lis term to , sha lders, or ow, rs, if a c tion or associat' n, airy partners, if a partner-
"sexualiyoriented business" shall not be construed to include: (i) sc or, es- sh has itidn two years! prior to a date of application denied a license under this
sional offices of licensed physicians, chiropractors, psychologists pbyzi is, tion o within the perj� has d revoked any lice i ed under this Section.
teachers or similar licensed professionals performing functions a r the Su . 4. wing Restriction. If premises to be lice ed not meet all of the re-
teachers
held, (ii) establishments or businesses operated by or emp it lie need qu reme of Section 850 of this ode with respect to s u yoriented businesses.
cosmetologists or barbers performing functions authorized under lice lel (iii) Su . 5. eligible Premises. If the remises to be licensed is by licensed as an escort
businesses or individuals licensed in accordance with Section 1340 of 'Code (iv) se ice, ysical culture and health ice physical ail a health club, reducing club,
the sale of clothing. ucing Ion or massage parlor n accordance with do 1340 of this Cade or is Cur-
Specified Anatomical Areas. (i) Less than completely and opaquely c red h man re tly if used to sell beer, wine liquor in accordant wi Section 900 of this Code.
genitals, pubic region, buttock, anus, or female breast(s) below a poo imm ately 134 .o Ren al Application( Not less than 30 nor more tha 60 ys before the exi nation of
above the top of the areola; or (ii) Human male genitals in a discernib turgid tate an Ii rise i tied pursuant to this tion, any license hol r inng to renew the license
even if completely and opaquely covered. s 1 s bmit written applicgtion to a Clerk on forms p id by the Clerk together with
Specified Sexual Activities. (i) Actual or simulated sexual intercours oral copula- t in f 1 of the license ee as uired for the original ice . The renewal application
tion, anal intercourse oral-anal copulation, bestiality, direct physical rimula on of 1 forty riled to the Manger who hell, within 30 days a ter a renewal a lication date,
unclothed genitals, flagellation or torture in the context of a sexual rela onship r the cit er p or deny the apphca"n and shall notify the er in writing of this decision.
use of excretory functions in the context of a sexual relationship and an of the E Ilow- Th C rk s ll then issue the license r; in case of denial, otif the applicant in writing of
uunngg sexuallyonentedacts or conduct: a ' btuggery, coprophagy, ro can- th de dal se ting forth the son or ei?sons therefor.
nilingus fellatio, necrophilia, pederast op'hilia, piquerism, Sapp zone asty; t App Ito Council. Any applic� t may a 1 the of license or a license renewal
or (ii) Clearly depicted human genitals in the state of sexual stimuli n, a al or b iii a w 'flan notice of appeal W Council in the Cler 's o ice within 30 days after the
tumescence; or, (iii) Use of human or animal ejaculation, sodomy, 0 1 copp tion, de ' I e cil shall hear? the a within 30 days after a lice is filed, and opportuni-
coitus, or masturbation; or, (iv) Fondling or touching of nude human vitals, abmy tyy ha 1 be g' en to any parser to be and in favor of or op i the issuance or renewal of
region, buttocks, or female breast or; (v) Situations involving a person pe Y th li rase. a Council mai order a d conduct such ad fo investigation as it deems
of whom are nude, clad in undergarments or in sexually revealing cast es, a who III n r,S licensee is a razed continue too to ha final action by the Council
are engaged in activities involving the flagellation, torture fettering, b dingo other
physical restraint of airy such or, (vu) Erotic or lewd touching f ng rather u ce s renewal app! cation,
,j
less prohibitedby C resolution made after the
sexually-oriented contact wi an at
by a human being; or, (vii) an i ere- d al
tion, urination, menstruation, vaginal or anal irrigation." 1 .1 Lice se Not Transferable; Du anon- Each license s B issued to the applicant on-
Sec. 3. Subd. 4. of Subsection 850.16 Planned Commercial District, of the ty Code s amend- ly shall t be transfers le to aro er holder. Any cha e i he persons named as part-
ed by adding a principal use as follows: ne o the a lication, as uired by seraph B. 1, of Su . 1 Subsection 1345.04 and any
"Sexually-Oriented Businesses." reaj hh c C. a of ens
c in persons who 5 named i the app cation as by paragraph soli
Sec. 4. Subd. 11. of Subsection 850.16, Planned Commercial District, of the ity C is hereby 1 S esti n 1345.04, shall deem a transfer for this Section. If the licensee
amended by adding a new paragraph N, as follows: is li ;ted rtnersttip a c rage in Nmjied partners M 1 s n 25 percent cumulatively
"N. Standards for Sexuallyy-Oriented Businesses. lice a period, she not bed �mepn a transfer. c e in or addition of a vice
1. No sexuallyoriented business shall be located closer than 50Q f t from ray other pp rat, tary, or tress r of a alta!! e[fec f m til tion lic
a 11 b i dtturoue h June 30. �l
sexually-oriented business or licensed daycare facility. Measurem nts sha be made tic ns issu pursuant to • Secti Y g
in a straight line, without regard to intervening structures or objet. , from a nearest i 1 .t Sua ratan or Revoc tion of L cense. The Council m s pend for any period not ion
point o[ the actual business premises of the sexually-oriented bus to nearest c 60 ys, or revoke an license ssuptl pursuant to on upon finding a violation
point of the actual business premises of any other Sexually-oriented mess licensed of ray provI on of this Secti n or violation of any o r p ion of this Code or State
day-care facility. regal on affecting activiU esyel ed by this SecU apt in the case of a suspen-
2. No sexually oriented business shall be located closer than 500 feet rom an property si ndmg[dd
hearing on tion tion or suapensi n the Council shag be preced-
in the R-1, R-2, PRD, PSR or MDD District or arty residentially p riy in any ed y rit otice to the li ensee of bearing in accords ce illi Subsection 160.16 of this
city adjoining the City. Measurements shall be made in a straight it t regard C e. nce may be se upon a licensee personall or mailinagg it to the business
to intervening structures or objects, from the dearest point of a actua business or raceress set fo in thea lication or on file wi Clerk. The notice shall give
�emisea of te sexuallyoriented business to the nearest houtidary the R-1, R-2, PRD, at t tens noticeofth time a �$gce of the hearing a hall state the nature of the
PSR, or MDD District." c rg aget the licensee Thetli'may, without ce pend any license pending
Sec. 5. The City Code is hereby amended to provide a new Section 1395 foll a ng vtion for period otl eoreeding 30 days.
'SECTION 1345 - SEXUALLY ORIENTED BUSINESSE 1 .1 Resctand Re lations
ti45.01 Findings. Purpose and Objectives. The Council finds that sexually anted bd. Lours of Opera Ion. No pass licensed r Section shall be open for
have adverse secondary characteristics particularly when they may be a ible to minors b si and no custom be itt¢d on the premise n the hairs of 10:00 P.M.
or are located rear residential properties or schools, day care center tibia a and res, and d 8: A.M.
can exert a dehumanizing influence on permits attending or using such ccs of acilities. S 2. lass. No Ii steal t or allow any under the age of 18 years
Srxuallyorieated businesses can contribute to an increase in criminal vity the area to enter be licenced pre imam nsee shall t f of age of all persons the
in which such businesses are located taxing city crime prevention ms and law- Ii ensee lieves to be u er the Bg�� of 18 years.
enforcement services. S 11& 3. Nealtb and San Uma. lioeiisee shall not al :
Sexually-oriented allyoriented businesses can significantly contribute to the deterior tion of idential A rtI ion betwee a sutidi ' portion, orpa of licensed premises having
neighborhoods acid can impair the character and quality of the residential the area a a r ire which is tailed or fueled to facilita sal intercourse sodomy, or
in which such businesses are invested, thereby exacerbating the shorfag of off ole and f other erotic chiig enftals, pu is on or pubic hair, buttock,
habitable housing for City residents. g
The concentration of sexually-oriented businesses In one area can e a su tantiaHy o fe breast(s> be n either side of a rtition.
detrimental effect on the area in which such businesses are concentrated nil on a overall Ali shalt nota or lila an licensed adjoining areas any booths
Mit of urban Life A cycle afdecay ca nesult from the ictal! g as astian 2moky- i
4& brffii>t�t. the p eke dt such bu dwaes is pored eY . To IIE71ft p8�e
From previous pqp
stalls or pariitlans used for the of nwtionor
that have deals, ns
other farms of
bo,
enrfaius, psetalticm,such
ft st�, art
at least one side open to an adjecbat public loom
that area inside JP' isl
sons in the adjacent room.Sn arms
in the area used for motion or
maan� tt
from the adjacent public rooms.
C. The Sanitarian shall have the authority to,
a es to be' d
premises and areas in order to
of infection
speed of commumca diseases. The Sanitarian
the authority is
to the licensee regarding heap and sanitation
Subd 4. Display.. Novproducts l �or merchandise
de the ll
for Is or rental by t!
a or mW
ae the i pr�iees
shall be vi
Section 6. The City Code is hereby amended to pruvi
a new ubsection, 1600.
"199e.11 Nudity to Certain Places. perrson shall a
in a state of mxhty
A.AAny place or premses iltceased as a food esta
ent I irsuant to Seed n
RAm place or premises licensed, to sell beer'
or liqt pursuant to
C. Any places room, or rooms to which members of
pub are admitted
and are accessible from places or
tion cKeept restrooms as in3ectlem
in A a 13. t
Code;
public of or,
D. Arty place room or rooms where any admission ton is for vi '
in a s of midi
Ibr hereof, 1 mrdity11 means (i) less than
buttock, female brast(s)
Y s�a��Y
'
geni�regioo, amv; or
toP of (ii) human in
ow a f immedia
areola; arequelyola; a male genitals a
a
ably state, even c
Section 7. This ordinance shall be in full farce and eff
upon
u to passage and
Reading:
SecoFIrsndRea id ng�t 16,1983
Published in the Edina Sun -fluent on August 85, 1983
/S/ ERiCK_ S.
ATTEST:
M. DAEHN
p/
(Aug. M. 1983) -ED