Loading...
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