HomeMy WebLinkAboutOrdinance 611 - Sexually-Oriented Businesses CHAPTERS VI GENERAL REGULATIONS
ORDINANCE 611 SEXUALLY-ORIENTED BUSINESSES................................... 611-1
Section 611.01: PURPOSE AND INTENT.................................................................. 611-1
Section 611.02: DEFINITIONS................................................................................... 611-1
Section 611.03: CLASSIFICATION............................................................................ 611-6
Section 611.04: LICENSE REQUIRED....................................................................... 611-6
Section 611.05: BUSINESS APPLICATION REQUIREMENTS................................ 611-7
Section 611.06: ISSUANCE OF BUSINESS LICENSE APPLICATION.................... 611-9
Section 611.07: NON-ISSUANCE OF BUSINESS LICENSE APPLICATION .......... 611-9
Section 611.08: POSTING .........................................................................................611-10
Section 611.09: INSPECTION...................................................................................611-10
Section 611.10: ONE CLASSIFICATION..................................................................611-10
Section 611.11: EMPLOYEE APPLICATION...........................................................611-10
Section 611.12: ISSUANCE OF EMPLOYEE LICENSE...........................................611-11
Section 611.13: NON-ISSUANCE OF EMPLOYEE LICENSE.................................611-11
Section 611.14: ANNUAL RENEWAL OF EMPLOYEE LICENSE..........................611-11
Section 611.15: FEES........................................................................................................611-12
Section 611.16: RANDOM INSPECTIONS...............................................................611-12
Section 611.17: EXPIRATION AND RENEWAL OF LICENSE...............................611-12
Section 611.18: SUSPENSION ..................................................................................611-12
Section 611.19: REVOCATION.................................................................................611-13
Section 611.20: TRANSFER OF LICENSE ...............................................................611-13
Section 611.21: LOCATION AND PENALTIES .......................................................611-14
Section 611.22: ADULT MOTELS ............................................................................611-15
Section 611.23: EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE
ENTERTAINMENT IN VIEWING ROOMS .......................... 611-16
Section 611.24: PENALTY........................................................................................611-17
Section 611.25: ESCORT AGENCIES.......................................................................611-17
Section 611.26: NUDE MODEL STUDIOS ...............................................................611-17
Section 611.27: PUBLIC NUDITY ............................................................................611-18
Section 611.28: PROHIBITION AGAINST CHILDREN IN S SEXUALLY ORIENTED
BUSINESS 611-18
Section 611.29: HOURS OF OPERATION................................................................611-18
Section 611.30: EXEMPTIONS .................................................................................611-18
Section 611.31: INJUNCTION...................................................................................611-19
Section 611.32: SEVERABILITY..............................................................................611-19
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ORDINANCE 611 SEXUALLY-ORIENTED BUSINESSES
Section 611.01: PURPOSE AND INTENT. The purpose and intent of the sexually
oriented business regulations set forth in this Ordinance is to serve a substantial government
interest by attempting to preserve the quality and vitality of neighborhoods, curtail the
depression of property values, restrain increased criminal activity and slow the spread of
sexually transmitted diseases.
Sexually oriented businesses, as defined by this Ordinance, because of their very nature,
are recognized as having serious objectionable operational characteristics that have a deleterious
effect upon the use and enjoyment of adjacent areas. These secondary effects are especially
evident where such uses are concentrated.
The secondary effects associated with sexually oriented businesses include an increased
level of criminal activity, increased risk of exposure to sexually transmitted diseases, depression
of property values and a significant change in the character of surrounding neighborhoods.
However, it is recognized that such regulations cannot on a de facto basis prohibit these
businesses. Otherwise, a protected form of expression would vanish. The sexually oriented
business regulations set forth herein represent a balancing of competing interests, reduction of
objectionable secondary effects through the regulation of sexually oriented businesses versus the
protected rights of the owners, operators, performers and patrons of those businesses.
Section 611.02: DEFINITIONS.
Subd. 1: Adult Arcade. Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained to show images to five (5)or fewer persons per
machine at any one time, and where the images so displayed are distinguished or characterized
by the depicting or describing of"specified sexual activities" or"specified anatomical areas."
Subd. 2: Adult Bookstore, Adult Novelty Store or Adult Video Store. A commercial
establishment which, as one of its principal purposes, offers for sale or rental for any form of
consideration any one (1) or more of the following:
a) Books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes or video reproductions, slides, or other visual
representations which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas";or
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b) Instruments, devices, or paraphernalia which are designed for use in connection
with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing "specified sexual
activities" or"specified anatomical areas" and still be categorized as ADULT BOOKSTORE,
ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other business purposes shall
not serve to exempt such commercial establishments from being categorized as an ADULT
BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE so long as one of its
principal business purposes is the offering for sale or rental for consideration the specified
materials which are characterized by the depiction or description of"specified sexual activities"
or"specified anatomical areas."
Subd. 3: Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
a) Persons who appear in a state of nudity or semi-nude; or
b) Live performances which are characterized by the exposure of"specified
anatomical areas" or by "specified sexual activities;"or
C) Films, motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of"specified sexual
activities" or"specified anatomical areas."
Subd. 4: Adult Motel. Means a hotel, motel or similar commercial establishment which:
a) Offers accommodations to the public for any form of consideration;provides
patrons with closed-circuit television transmissions, films, motion pictures,video
cassettes, slides, or other photographic reproductions which are characterized by
the depiction or description of"specified sexual activities" or "specified
anatomical areas;" and has a sign visible from the public right of way which
advertises the availability of this adult-type of photographic reproductions;or
b) Offers a sleeping room for rent for a period of time that is less than ten (10) hours;
or
C) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period
of time that is less than ten (10)hours.
Subd. 5: Adult Motion Picture Theater. A commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas."
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Subd. 6: Adult Theater. A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or semi-nude,
or live performances which are characterized by the exposure of"specified anatomical areas"
or by "specified sexual activities."
Subd. 7: Employee. A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether or not the person is
denominated an employee, independent contractor, agent or otherwise and whether or not said
person is paid a salary, wage or other compensation by the operator of said business. Employee
does not include a person exclusively on the premises for repair or maintenance of the premises
or equipment on the premises, or for the delivery of goods to the premises.
Subd. 8: Escort. A person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person.
Subd. 9: Escort Agency. A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or
other consideration.
Subd. 10: Establishment. Includes any of the following:
a) The opening or commencement of any sexually oriented business as a new
business;
b) The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C) The additions of any sexually oriented business to any other existing sexually
oriented business; or
d) The relocation of any sexually oriented business.
Subd. 11: Licensee. A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant on the application for
a license; and in the case of an employee, a person in whose name a license has been issued
authorizing employment in a sexually oriented business.
Subd. 12: Nude Model Studio. Any place where a person who appears semi- nude, in a
state of nudity, or who displays "specified anatomical areas" and is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who
pay money or any form of consideration. Nude Model Studio shall not include a proprietary
school licensed by the State of Minnesota or a college,junior college or university supported
entirely or in part by public taxation; a private college or university which maintains and
operates educational programs in which credits are transferable to a college,junior college, or
university supported entirely or partly by taxation; or in a structure:
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a) That has no sign visible from the exterior of the structure and no other advertising
that indicates a nude or semi-nude person is available for viewing,and
b) Where in order to participate in a class a student must enroll at least three (3)days
in advance of the class; and
C) Where no more than one (1) nude or semi-nude model is on the premises at any
one time.
Subd. 13: Nudity or a State of Nudity. The showing of the human male or female
genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque covering of any part of the nipple,
or the showing of the covered male genitals in a discernibly turgid state.
Subd. 14: Person. An individual, proprietorship, partnership, corporation, association, or
other legal entity.
Subd. 15: Semi-Nude or in a Semi-Nude Condition. The showing of the female breast
below a horizontal line across the top of the areola at its highest point or the showing of the
male or female buttocks. This definition shall include the entire lower portion of the human
female breast, but shall not include any portion of the cleavage of the human female breast,
exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the
areola is not exposed in whole or in part.
Subd. 16: Sexual Encounter Center. A business or commercial enterprise that, as one of
its principal business purposes, offers for any form of consideration:
a) Physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
b) Activities between male and female persons and/or persons of the same sex when
one or more of the persons is in a state of nudity or semi-nude.
Subd. 17: Sexually Oriented Business. An adult arcade, adult bookstore, adult novelty
store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
Subd. 18: Specified Anatomical Areas.
a) The human male genitals in a discernibly turgid state, even if completely and
opaquely covered, or
b) Less than completely and opaquely covered human genitals, pubic region,
buttocks or a female breast below a point immediately above the top of the areola.
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Subd. 19: Specified Criminal Activity. Includes any of the following offenses:
a) Prostitution or promotion of prostitution, dissemination of obscenity; sale,
distribution or display of harmful material to a minor; sexual performance by a
child;possession or distribution of child pornography;public lewdness; indecent
exposure; indecency with a child; engaging in organized criminal activity; sexual
assault; molestation of a child; gambling; or distribution of a controlled substance;
or any similar offenses to those described above under the criminal or penal code
of other states or countries;
b) For which:
1) Less than two (2) years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a misdemeanor offense;
2) Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the later
date, if the conviction is of a felony offense; or
3) Less than five (5) years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction, whichever
is the later date, if the convictions are of two (2) or more misdemeanor
offenses or combination of misdemeanor offenses occurring within any
24-month period.
C) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or a person residing with the applicant.
Subd. 20: Specified Sexual Activities. Includes any of the following:
a) The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus, or female breasts;
b) Sex acts, normal or perverted, actual or simulated, including intercourse,oral
copulation, masturbation, or sodomy, or
C) Excretory functions as part of or in connection with any of the activities set forth
in (A) through (B) above.
Subd. 21: Substantial Enlargement of a Sexually Oriented Business. Means the increase
in floor areas occupied by the business by more than twenty-five percent (25%), as the
floor areas exist on the date this Ordinance takes effect.
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Subd. 22: Transfer of Ownership or Control of a Sexually Oriented Business. Includes
any of the following:
a) The sale, lease, or sublease of the business;
b) The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange, or similar means; or
C) The establishment of a trust, gift, or other similar legal device which transfers the
ownership or control of the business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership or control.
Section 611.03: CLASSIFICATION. Sexually oriented businesses are classified as
follows:
Subd. 1: Adult arcades.
Subd. 2: Adult bookstores, adult novelty stores, or adult video stores;
Subd. 3: Adult cabarets;
Subd. 4: Adult motels;
Subd. 5: Adult motion picture theaters;
Subd. 6: Adult theaters;
Subd. 7: Escort agencies;
Subd. 8: Nude model studios; and
Subd. 9: Sexual encounter centers.
Section 611.04: LICENSE REQUIRED.
Subd. 1: It is a misdemeanor for any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the City pursuant to this Ordinance.
Subd. 2: It is a misdemeanor for any person who operates a sexually oriented business to
employ a person to work for the sexually oriented business who is not licensed as a sexually
oriented business employee by the City pursuant to this Ordinance.
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Subd. 3: It is a misdemeanor for any person to obtain employment with a sexually
oriented business without having secured a sexually oriented business employee license pursuant
to this Ordinance.
Section 611.05: BUSINESS APPLICATION REQUIREMENTS.
Subd. 1: Approved Form. An application for a license must be made on a form provided
by the City.
Subd. 2: Qualification of Application. All applications must be qualified according to the
provisions of this Ordinance. The application may request, and the applicant shall provide, such
information (including fingerprints) as to enable the City to determine whether the applicant
meets the qualifications established in this Ordinance.
Subd. 3: Application Signatures. If a person who wishes to operate a sexually oriented
business is an individual, the person must sign the application for a license as applicant. If a
person who wishes to operate a sexually oriented business is other than an individual, each
individual who has a twenty percent (20%) or greater interest in the business must sign the
application for a license as applicant. Each applicant must be qualified under the following
Section and each applicant shall be considered a licensee if a license is granted.
Subd. 4: Application Information. The completed application for a sexually oriented
business license shall contain the following information and shall be accompanied by the
following documents if the applicant is:
a) An individual, the individual shall state his/her legal name and any aliases and
submit proof that he/she is eighteen (18) years of age;
b) A partnership, the partnership shall state its complete name, and the names of all
partners, whether the partnership is general or limited, and a copy of the
partnership agreement, if any;
C) A corporation, the corporation shall state its complete name, the date of its
incorporation, evidence that the corporation is in good standing under the laws of
its state of incorporation, the names and capacity of all officers, directors and
principal stockholders, and the name of the registered corporate agent and the
address of the registered office for service of process.
Subd. 5: Assumed Name. If the applicant intends to operate the sexually oriented
business under a name other than that of the applicant, he or she must state:
a) The sexually oriented business's fictitious name;and
b) Submit the required registration documents.
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Subd. 6: Criminal History. Whether the applicant, or a person residing with the
applicant, has been convicted of a specified criminal activity as defined in this Ordinance, and, if
so, the specified criminal activity involved, the date, place, and jurisdiction of each.
Subd. 7: Previous License. Whether the applicant, or a person residing with the
applicant, has had a previous license under this Ordinance or other similar sexually oriented
business ordinances from another city or county denied, suspended or revoked, including the
name and location of the sexually oriented business for which the permit was denied, suspended
or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant
or a person residing with the applicant has been a partner in a partnership or an officer, director
or principal stockholder of a corporation that is licensed under this Ordinance whose license has
previously been denied, suspended or revoked, including the name and location of the sexually
oriented business for which the permit was denied, suspended or revoked as well as the date of
denial, suspension or revocation.
Subd. 8: Multiple Licenses. Whether the applicant or a person residing with the
applicant holds any other licenses under this Ordinance or other similar sexually oriented
business ordinance from another city or county and, if so, the names and locations of such other
licensed businesses.
Subd. 9: License Classification. The single classification of license for which the
applicant is filing.
Subd. 10: Location of Business. The location of the proposed sexually oriented business,
including a legal description of the property, street address, and telephone number(s),if any.
Subd. 11: Mailing Address. The applicant's mailing address and residential address.
Subd. 12: Photograph. A recent photograph of the applicant(s).
Subd. 13: Identification Cards. The applicant's driver's license number, Social Security
number, and/or his/her state or federally issued Tax Identification Number.
Subd. 14: Diagram of Premises. A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business. The sketch or
diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6)
inches.
Subd. 15: Survey. A current certificate and straight-line drawing prepared within thirty
(30) days prior to application by a registered land surveyor depicting the property lines and the
structures containing any existing sexually oriented businesses within five hundred (500) feet of
the property to be certified; the property lines of any established religious institutions/synagogue,
school, or public park or recreation area within one thousand (1,000) feet of the property to be
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certified. For purposes of this Section, a use shall be considered existing or established if it is in
existence at the time an application is submitted.
Subd. 16: Requirements for Business with Viewing Room. If an applicant wishes to
operate a sexually oriented business, other than an adult motel, which shall exhibit on the
premises, in a viewing room or booth of less than one hundred fifty (15 0) square feet of floor
space, films, video cassettes, other video reproductions, or live entertainment which depict
specified sexual activities or specified anatomical areas, then the applicant shall comply with the
application requirements set forth in Section 611.11.
Section 611.06. ISSUANCE OF BUSINESS LICENSE APPLICATION. Within 30
days after receipt of a completed sexually oriented business application, the City shall approve
or deny the issuance of a license to an applicant.
Section 611.07. NON-ISSUANCE OF BUSINESS LICENSE APPLICATION. The
City shall approve the issuance of a license to an applicant unless it is determined by a
preponderance of the evidence that one (1) or more of the following findings is true:
Subd. 1: An applicant is under eighteen (18) years of age.
Subd. 2: An applicant or a person with whom applicant is residing is overdue in payment
to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation
to any business.
Subd. 3: An applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information on the
application form.
Subd. 4: An applicant or a person with whom the applicant is residing has been denied a
license by the City to operate a sexually oriented business within the preceding twelve (12)
months or whose license to operate a sexually oriented business has been revoked within the
preceding twelve (12) months.
Subd. 5: An applicant or a person with whom the applicant is residing has been
convicted of a specified criminal activity defined in this Ordinance.
Subd. 6: The premises to be used for the sexually oriented business have not been
approved by the health inspector designated by the City, fire department, and the building
official as being in compliance with applicable laws and ordinances.
Subd. 7: The license fee required by this Ordinance has not been paid.
Subd. 8: An applicant of the proposed business is in violation of, or is not in compliance
with, any of the provisions of this Ordinance.
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Section 611.08: POSTING. The license, if granted, shall state on its face the name of
the person or persons to whom it is granted, the expiration date, the address of the sexually
oriented business and the classification for which the license is issued pursuant to Section III.
All licenses shall be posted in a conspicuous place at or near the entrance to the sexually
oriented business so that they may be easily read at any time.
Section 611.09: INSPECTION. The health inspector designated by the City, fire
department, and the building official shall complete their certification that the premises is in
compliance or not in compliance within twenty (20) days of receipt of the application by the
City.
Section 611.10: ONE CLASSIFICATION. A sexually oriented business license shall
issue for only one classification as found in Section 611.03.
Section 611.11: EMPLOYEE APPLICATION.
Subd. 1: Employee Identification Information. Before any applicant may be issued a
sexually oriented business employee license, the applicant shall submit on a form to be provided
by the City the following information:
a) The applicant's name or any other name (including "stage"names) or aliases used
by the individual;
b) Age, date, and place of birth;
C) Height, weight, hair and eye color;
d) Present residence address and telephone number;
e) Present business address and telephone number;
f) Date, issuing state and number of driver's permit or other identification card
information;
g) Social Security Number; and
h) Proof that the individual is at least eighteen (18) years of age.
Subd. 2: Employee Photographs. A color photograph of the applicant clearly showing
the applicant's face, and the applicant's fingerprints on a form provided by the police department
shall be attached to the application form for a sexually oriented business employee license. Any
fees for the photographs and fingerprints shall be paid by the applicant.
Subd. 3: Employee Statement. A statement detailing the license history of the applicant
for the five (5) years immediately preceding the date of the filing of the application, including
whether such applicant previously operated or is seeking to operate, in this or any other county,
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city, state, or country has ever had a license, permit, or authorization to do business denied,
revoked, or suspended, or had any professional or vocational license or permit denied,revoked,
or suspended. In the event of any such denial, revocation, or suspension, state the name, the
name of the issuing or denying jurisdiction, and describe in full the reason for the denial,
revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be
attached to the application.
Subd. 4: Employee Criminal HistM. A statement whether the applicant has been
convicted of a specified criminal activity as defined in this Ordinance and, if so, the specified
criminal activity involved, the date,place and jurisdiction of each.
Section 611.12: ISSUANCE OF EMPLOYEE LICENSE. Upon the filing of said
application for a sexually oriented business employee license, the City shall issue a temporary
license to said applicant. The application shall then be referred to the appropriate City
departments for an investigation to be made on such information as is contained on the
application. The application process shall be completed within thirty (30) days from the date the
completed application is filed. After the investigation, the City shall issue a license.
Section 611.13: NON-ISSUANCE OF EMPLOYEE LICENSE. A sexually oriented
business employee license shall not be issued if it is determined by a preponderance of the
evidence that one (1) or more of the following findings is true:
Subd. l: The applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information on the
application form;
Subd. 2: The applicant is under the age of eighteen (18)years;
Subd. 3: The applicant has been convicted of a"specified criminal activity" as defined
in this Ordinance;
Subd. 4: The sexually oriented business employee license is to be used for employment
in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a
particular provision of this Ordinance; or
Subd. 5: The applicant has had a sexually oriented business employee license revoked
by the City within two (2)years of the date of the current application. If the sexually oriented
business employee license is denied, the temporary license previously issued is immediately
deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this
Subsection shall be subject to appeal as set forth in Section 611.19.
Section 611.14: ANNUAL RENEWAL OF EMPLOYEE LICENSE. A license granted
pursuant to this Section shall be subject to annual renewal upon the written application of the
applicant and a finding by the City that the applicant has not been convicted of any specified
criminal activity as defined in this Ordinance or committed any act during the existence of the
previous license,
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which would be grounds to deny the initial license application. The renewal of the license shall
be subject to the payment of the fee as set forth in Section 611.15, Subd. 3.
Section 611.15: FEES. The following fees shall be submitted to the City
Clerk/Treasurer at the time of application for business and/or employee licenses:
Subd. 1: Application Fee. Every application for a sexually oriented business license
(whether for a new license or for renewal of an existing license) shall be accompanied by a non-
refundable application and investigation fee established in the City of St. Joseph Fee Schedule.
Subd. 2: License Fee. In addition to the application and investigation fee required
above, every sexually oriented business that is granted a license (new or renewal) shall pay to the
City an annual non-refundable license fee established in the City of St. Joseph Fee Schedule,
within thirty (3 0) days of license issuance or renewal.
Subd. 3: Employee License Fee. Every application for a sexually oriented business
employee license (whether for a new license or for renewal of an existing license) shall be
accompanied by an annual, non-refundable application, investigation, and license fee established
in the City of St. Joseph Fee Schedule.
Section 611.16: RANDOM INSPECTIONS.
Subd. 1: Inspection. An applicant or licensee shall permit representatives of the Police
Department, health inspector designated by the City, Fire Department, Zoning Department, or
other City departments or agencies to inspect the premises of a sexually oriented business for the
purpose of insuring compliance with the law, at any time it is occupied or open for business.
Subd. 2: Penalty. A person who operates a sexually oriented business or his/her agent or
employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the
premises at any time it is open for business.
Section 611.17: EXPIRATION AND RENEWAL OF LICENSE.
Subd. l: Expiration. Each license shall expire one (1) year from the date of issuance and
may be renewed only by making application as provided in Sections 611.05 and 611.12.
Application for renewal shall be made at least thirty (30) days before the expiration date, and
when made less than thirty (30) days before the expiration date, the expiration of the license shall
not be affected.
Subd. 2: Renewal. When the City denies renewal of a license, the applicant shall not be
issued a license for one (1) year from the date of denial. If, subsequent to denial, the City finds
that the basis for denial of the renewal license has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date denial became final.
Section 611.18: SUSPENSION. The City shall suspend a license for a period not to
exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:
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Subd. 1: Violated or is not in compliance with any Section of this Ordinance;
Subd. 2: Refused to allow an inspection of the sexually oriented business premises as
authorized by this Chapter.
Section 611.19: REVOCATION.
Subd. 1: Revocation Determination. The City shall revoke a license if a cause of
suspension in Section 611.18 occurs and the license has been suspended within the
preceding twelve (12) months. The City may also revoke a license if it determines that:
a) A licensee gave false or misleading information in the material submitted during
the application process;
b) A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
C) A licensee has knowingly allowed prostitution on the premises;
d) A licensee knowingly operated the sexually oriented business during a period of
time when the licensee's license was suspended;
e) Except in the case of an adult motel, a licensee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to
occur in or on the licensed premises; or
f) A licensee is delinquent in payment to the City, County, or State for any taxes or
fees past due.
Subd. 2: Revocation Period. When the City revokes a license, the revocation shall
continue for one (1) year, and the licensee shall not be issued a sexually oriented business license
for one (1)year from the date the revocation became effective. If, subsequent to revocation, the
City finds that the basis for the revocation has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date the revocation became
effective.
Subd. 3: Judicial Review. After denial of an application, or denial of a renewal of an
application, or suspension or revocation of any license, the applicant or licensee may seek
prompt judicial review of such administrative action in any court of competent jurisdiction. The
administrative action shall be promptly reviewed by the court.
Section 611.20: TRANSFER OF LICENSE. A licensee shall not transfer his/her license
to another, nor shall a licensee operate a sexually oriented business under the authority of a
license at any place other than the address designated in the application.
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Section 611.21: LOCATION AND PENALTIES.
Subd. 1: A person commits a misdemeanor if that person operates or causes to be
operated a sexually oriented business in any zoning district other than those areas as defined by
the following boundaries: South of 3rd Street South; West of 28th Avenue South (formerly
Hardrives Road and formerly 72nd Avenue South); North of Burlington Northern Railroad tracks
which is adjacent to State Highway 23; East of the Westerly Waite Park City limits as of the date
of this Ordinance.
Subd. 2: A person commits an offense if the person operates, or causes to be operated, a
sexually oriented business within one thousand (1,000) feet of-
a)
£a) A church, synagogue, mosque, temple or building which is used primarily for
religious worship and related religious activities;
b) A public or private educational facility including, but not limited to, child day
care facilities, nursery schools, preschools, kindergartens, elementary schools,
private schools, intermediate schools,junior high schools, middle schools,high
schools, vocational schools, secondary schools, continuation schools, special
education schools,junior colleges, and universities; school includes the school
grounds, but does not include facilities used primarily for another purpose and
only incidentally as a school;
C) A public park or recreational area which has been designated for park or
recreational activities including, but not limited to, a park,playground, nature
trails, swimming pool, reservoir, athletic field, basketball or tennis courts,
pedestrian/bicycle paths, wilderness areas, or other similar public land within the
City which is under the control, operation, or management of the City park and
recreation authorities;
d) The property line of a lot devoted to a residential use;
e) An entertainment business which is oriented primarily towards children or family
entertainment; or
f) A licensed premises, licensed pursuant to the alcoholic beverage control
regulations of the State.
Subd. 3: A person commits a misdemeanor if that person causes or permits the
operation, establishment, substantial enlargement, or transfer of ownership or control of a
sexually oriented business within five hundred (500) feet of another sexually oriented business.
Subd. 4: A person commits a misdemeanor if that person causes or permits the operation,
establishment, or maintenance of more than one (1) sexually oriented business in the same
building, structure, or portion thereof, or the increase of floor area of any sexually oriented
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business in any building, structure, or portion thereof containing another sexually oriented
business.
Subd. 5: For the purpose of this Section, measurements shall be made in a straight line,
without regard to the intervening structures or objects, from the nearest portion of the building or
structure used as the part of the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a use listed in Subd. 2., Subsection B of this Section.
Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes
of calculating and applying the distance requirements of this Section.
Subd. 6: For purposes of this Section, the distance between any two (2) sexually oriented
businesses shall be measured in a straight line, without regard to the intervening structures or
objects or political boundaries, from the closest exterior wall of the structure in which each
business is located.
Subd. 7: Any sexually oriented business lawfully operating on November 19, 1996, that
is in violation of Subdivisions 1 through 6 of this Section shall be deemed a nonconforming use.
The nonconforming use shall be permitted to continue for a period not to exceed one (1) year,
unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30)
days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered
except that the use may be changed to a conforming use. If two (2) or more sexually oriented
businesses are within five hundred (500) feet of one another and otherwise in a permissible
location, the sexually oriented business which was first established and continually operating at a
particular location is the conforming use and the later established business(es) is/are
nonconforming.
Subd. 8: A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually
oriented business license, of a use listed in Subd. 2., Subsection B of this Section within one
thousand (1,000) feet of the sexually oriented business. This provision applies only to the
renewal of a valid license, and does not apply when an application for a license is submitted after
a license has expired or been revoked.
Section 611.22: ADULT MOTELS.
Subd. 1: Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two (2) or more times in a period of time that is less
than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as
that term is defined in this Ordinance.
Subd. 2: A person commits a misdemeanor if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does not have a sexually
oriented license, he/she rents or sub-rents a sleeping room to a person and, within ten (10)hours
from the time the room is rented, he/she rents or sub-rents the same sleeping room again.
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Subd. 3: For purposes of Subdivision 2 of this Section, the terms "rent" or "sub-rent"
mean the act of permitting a room to be occupied for any form of consideration.
Section 611.23: EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE
ENTERTAINMENT IN VIEWING ROOMS. A person who operates or causes to be operated a
sexually oriented business, other than an adult motel, which exhibits on the premises in a
viewing room of less than one hundred fifty (150) square feet of floor space, a film, video
cassette, live entertainment, or other video reproduction which depicts specified sexual activities
or specified anatomical areas, shall comply with the following requirements:
Subd. 1: Upon application for a sexually oriented license, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the location of one
(1) or more manager's stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons shall not be permitted. A manager's station may
not exceed thirty two (32) square feet of floor area. The diagram shall also designate the place at
which the permit shall be conspicuously posted, if granted. A professionally prepared diagram in
the nature of an engineer's or architect's blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object and should be drawn to a
designated scale or with marked dimensions sufficient to show the various internal dimensions of
all areas of the interior of the premises to an accuracy of plus or minus six (6") inches. The City
may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that
was previously submitted and certifies that the configuration of the premises has not been altered
since it was prepared.
Subd. 2: The application shall be sworn to be true and correct by the applicant.
Subd. 3: No alteration in the configuration or location of a manager's station may be
made without the prior approval of the City.
Subd. 4: It is the duty of the licensee of the premises to ensure that at least one (1)
licensed employee is on duty and situated in each manager's station at all times that any patron is
present inside the premises.
Subd. 5: The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any patron is
permitted access for any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two (2) or more manager's stations designated,then
the interior of the premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for any purpose from
at least one (1) of the manager's stations. The view required in this Subsection must be by direct
line of sight from the manager's station.
Subd. 6: It shall be the duty of the licensee to ensure that the view area specified in
Subdivision 5 remains unobstructed by any doors, curtains, partitions, walls, merchandise,
display racks or other materials and, at all times, to ensure that no patron is permitted access to
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any area of the premises which has been designated as an area in which patrons shall not be
permitted in the application filed pursuant to Subdivision 1 of this Section.
Subd. 7: No viewing room may be occupied by more than one (1)person at anytime.
Subd. 8: The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an illumination of not
less than five (5.0) foot candles as measured at the floor level.
Subd. 9: It shall be the duty of the licensee to ensure that the illumination described
above is maintained at all times that any patron is present in the premises.
Subd. 10: No licensee shall allow openings of any kind to exist between viewing rooms
or booths.
Subd. 11: No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
Subd. 12: The licensee shall, during each business day, regularly inspect the walls
between the viewing booths to determine if any openings or holes exist.
Subd. 13: The licensee shall cause all floor coverings in viewing booths to be
nonporous, easily cleanable surfaces, with no rugs or carpeting.
Subd. 14: The licensee shall cause all wall surfaces and ceiling surfaces in viewing
booths to be constructed of, or permanently covered by, nonporous, easily cleanable material.
No wood, plywood, composition board or other porous material shall be used within forty-eight
(48") inches of the floor.
Section 611.24: PENALTY. A person having a duty under Subdivisions 1 through 14
of Section 78.23 commits a misdemeanor if he/she knowingly fails to fulfill that duty.
Section 611.25: ESCORT AGENCIES.
Subd. 1: An escort agency shall not employ any person under the age of eighteen(18)
years.
Subd. 2: A person commits an offense if the person acts as an escort or agrees to act as
an escort for any person under the age of eighteen (18)years.
Section 611.26: NUDE MODEL STUDIOS.
Subd. 1: A nude model studio shall not employ any person under the age of eighteen
(18) years.
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Subd. 2: A person under the age of eighteen (18) years commits an offense if the person
appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a
defense to prosecution under this Subsection if the person under eighteen (18) years was in a
restroom not open to public view or visible to any other person.
Subd. 3: A person commits an offense if the person appears in a state of nudity, or
knowingly allows another to appear in a state of nudity in an area of a nude model studio
premises which can be viewed from the public right-of-way.
Subd. 4: A nude model studio shall not place or permit a bed, sofa, or mattress in any
room on the premises; except that a sofa may be placed in a reception room open to the public.
Section 611.27: PUBLIC NUDITY.
Subd. 1: It shall be a misdemeanor for a person who knowingly and intentionally, in a
sexually oriented business, appears in a state of nudity or depicts specified sexual activities.
Subd. 2: It shall be a misdemeanor for a person who knowingly or intentionally in a
sexually oriented business appears in a seminude condition unless the person is an employee
who, while seminude, shall be at least ten (10) feet from any patron or customer and on a stage
at least two (2) feet from the floor.
Subd. 3: It shall be a misdemeanor for an employee, while seminude in a sexually
oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or
customer to pay or give any gratuity to any employee, while said employee is seminude in a
sexually oriented business.
Subd. 4: It shall be a misdemeanor for an employee, while seminude, to touch a
customer or the clothing of a customer.
Section 611.28: PROHIBITION AGAINST CHILDREN IN A SEXUALLY
ORIENTED BUSINESS. A person commits a misdemeanor if the person knowingly allows a
person under the age of eighteen (18) years on the premises of a sexually oriented business.
Section 611.29: HOURS OF OPERATION. No sexually oriented business, except for an
adult motel, may remain open at any time between the hours of 10:00 p.m. and 8:00 a.m. on
weekdays and Saturdays, and 10:00 p.m. Saturday night to 12:00 p.m. on Sundays.
Section 611.30: EXEMPTIONS.
Subd. 1: It is a defense to prosecution under Section 611.27 that a person appearing in a
state of nudity did so in a modeling class operated:
a) By a proprietary school, licensed by the State of Minnesota, a college,junior
college, or university supported entirely or partly by taxation;
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b) By a private college or university which maintains and operates educational
programs in which credits are transferable to a college,junior college, or
university supported entirely or partly by taxation; or
C) In a structure:
1) which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing;and
2) where, in order to participate in a class a student must enroll at least three
(3) days in advance of the class; and
3) where no more than one (1) nude model is on the premises at any one(1)
time.
Section 611.31: INJUNCTION. A person who operates or causes to be operated a
sexually oriented business without a valid license or in violation of Section 611.22 of this
Ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Such
violations shall be a misdemeanor. Each day a sexually oriented business so operates is a
separate offense or violation.
Section 611.32: SEVERABILITY. If any Section, Subsection, or clause of this
Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the
remaining Sections, Subsections, and clauses shall not be affected.
New—May 2016
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