HomeMy WebLinkAboutOrdinance 502.15 Adult Entertainment
ORDINANCE 502 – ZONING ORDINANCE
Section 502.15: ADULT ENTERTAINMENT ESTABLISHMENTS
Subd. 1: Purpose and Intent.
a) The purpose and intent of the adult entertainment 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.
b) Adult Entertainment Establishments, 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.
c) One of the objectives of this Ordinance is to disperse the adult uses through
separation requirements from another adult use and from other significantly
incompatible uses. The ordinance allows adult entertainment establishments only
in Industry Districts. In this community, those areas provide opportunity for sites
with good visibility and access to major streets and highways.
d) The secondary effects associated with adult entertainment establishments, 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.
e) However, it is recognized that such regulations cannot de facto approach
prohibition. Otherwise, a protected form of expression would vanish. The adult
entertainment regulations set forth herein represent a balancing of competing
interests, reduction of objectionable secondary effects through the regulation of
adult entertainment establishments versus the protected rights of the owners,
operators, performers and patrons of those establishments.
Subd. 2: Definitions. For purposes of this section, the following definitions shall apply:
a) Adult Arcade. An establishment where, for any form of consideration, one or
more motion picture projectors, video players, slide projectors, or similar
machines for viewing by five or fewer persons each are used to show films,
motion pictures, video cassettes, slides, or other photographic reproductions that
are characterized by an emphasis upon the depiction or description of specified
sexual activities, prohibited nudity or child pornography.
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ORDINANCE 502 – ZONING ORDINANCE
b) Adult Bookstore. An establishment that has more than twenty percent (20%) of
its stock-in-trade and offers for sale, any one or more of the following: 1) books,
magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description of specified sexual
activities, prohibited nudity or child pornography; or 2) instruments, devices, or
paraphernalia that are designed for use in connection with specified sexual
activities.
c) Adult Cabaret. A nightclub, bar, restaurant, or similar establishment that
regularly features live performances that are characterized by the exposure of
prohibited nudity or by specified sexual activities, or films, motion pictures, video
cassettes, slides, or other photographic reproductions in which a substantial
portion of the total presentation time is devoted to the showing of material that is
characterized by an emphasis upon the depiction or description of specified sexual
activities, prohibited nudity or child pornography.
d) Adult Motion Picture Theater. An establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized by an
emphasis on the depiction or description of specified sexual activities, prohibited
nudity or child pornography.
e) Adult Theater. A theater, concert hall, auditorium, or similar establishment
characterized by activities featuring the exposure of prohibited nudity, specified
sexual activities or child pornography.
f) Child Pornography. Literature, books, magazines or other printed matter, or
photographs, films, motion pictures, video cassettes or other visual
representations depicting or displaying a person under the age of 18 and the
display or depicting is obscene as that term is defined by Minn. Stat. ' 617.241,
Subd. 1(a) or constitutes Prohibited Nudity as herein defined.
g) Sexual Encounter Establishment. An establishment other than a hotel, motel, or
similar establishment offering public accommodations, which, for any form of
consideration, provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities or the exposure
of prohibited nudity. This definition does not include an establishment where a
medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in medical care or sexual therapy; or any accredited
educational institution where prohibited nudity occurs in the context of modeling
for an art class.
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ORDINANCE 502 – ZONING ORDINANCE
h) Prohibited Nudity. Prohibited Nudity means and includes any of the following:
1) less than completely and opaquely covered human genitals, pubic regions,
pubic hair, vulva, cleft of the buttocks, anus, or female breasts below a point
immediately above the top of the areolae; or 2) human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
i) Specified Sexual Activities. Includes any of the following: 1) the fondling or
other erotic touching of human genitals, pubic region, buttocks, anus, or female
breasts; 2) sex acts, actual or simulated, including sexual intercourse, oral
copulation, flagellation, bestiality, sodomy or any sexual act which is prohibited
by law. 3) masturbation, actual or simulated; or 4) excretory functions as part of
or in connection with any of the activities set forth in subdivisions 1 through 3 of
this subsection.
Subd. 3: Adult Entertainment Establishment Standards.
a) Adult Entertainment Establishments shall be permitted only in areas zoned as
Industry Districts. Adult Entertainment Establishments shall not be permitted in
any other zoning district. Adult Entertainment Establishments shall have a
minimum separation of 500 lineal feet from any other adult entertainment
establishment, and at least 1,000 lineal feet from any hotel, motel, nursing care
home, home for the elderly, day care facility, church, school, residentially zoned
property or public parks.
b) Adult entertainment establishments shall not sell or dispense intoxicating or non-
intoxicating liquors, nor shall they be located in a building which contains a
business that sells or dispenses non-intoxicating or intoxicating liquors.
c) Adult entertainment establishment business shall not be conducted in a manner
that permits the perception or observation from any property not approved as an
adult use of any materials depicting, describing or related to “specified sexual
activities” or “specified anatomical areas” by any visual or auditory media,
including display, decoration, sign, show window, sound transmission or other
means.
d) Adult entertainment establishments shall prominently display at the entrance and
located within two feet of the door-opening device of the establishment a sign
which states “This business sells or displays material containing adult themes.
Persons under eighteen (18) years of age shall not enter.
e) No person under the age of eighteen (18) shall be permitted on the premises, and
no person under the age of eighteen (18) shall be permitted access to material
displayed or offered for sale or rent by adult entertainment establishments.
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