HomeMy WebLinkAbout5.a. Adult Use Ordinance Text Amendment��(C"'I'SEMOU T EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Public Hearing: April 23, 2013
Tentative City Council Meeting: May 21, 2013
AGENDA ITEM: Case 13- 10 -TA; Adult Use Ordinance Text
AGENDA SECTION:
Amendment
Public Hearing
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO. 15.01
ATTACHMENTS: Ordinance relating to Adult Use City Code
APPROVED BY:
Sections 3 -8 -1 through 3 -8 -14, 11- 4 -16 -1,
I/
f�
and 11 -7 -5; Adult Use Establishment Ma
RECOMMENDED ACTION: Motion to Recommend that the City Council Approve the Text
Amendment of Section 11- 4 -16 -1 removing Adult Uses from the HI: Heavy Industrial and
Section 11 -7 -5 adding "North of CSAH 42" to the Adult Use Overlay.
SUMMARY
City staff has initiated a review and amendment to the Rosemount Zoning Ordinance regarding adult uses.
Staff is proposing to remove adult uses from the HI: Heavy Industrial zoning district and add language
that would require adult uses to be located north of County Road 42 (CSAH 42) in addition to being
located east of Akron Avenue.
BACKGROUND
With the construction of an interchange along US Highway 52 in Cannon Falls, an adult use would be
removed to acquire additional right -of -way. An appraiser working for the Minnesota Department of
Transportation (MnDOT) called Planning Staff to inquire about other communities' ordinances regarding
adult uses to aide in determining the value of the property. When staff reviewed our ordinance, it was
discovered that there are some discrepancies prompting the proposed amendments. The amendments are to
clarify the adult use location standards. Under the proposed language changes there are no added locations
for adult uses more than the current condition.
Adult uses are regulated in four places in the City Code: three places in the Zoning Ordinance and one in the
Business Regulations section. Unfortunately, these multiple locations means that staff did not modify all
sections when there was a previous code amendment. The three Zoning Ordinance references state where
an adult use would be allowed. The Business Regulations state how the establishment is to operate. The
courts have typically reviewed adult use regulations as a First Amendment, free speech issue and prohibit an
outright ban on adult uses. Planning staff has discussed the Business Regulations section with the Police
Chief and the City Attorney and the City Attorney is revising that section of the Ordinance in advance of the
May City Council meeting.
The general approach to zoning for an adult use business is to provide an area of the community that the
business could locate while protecting the overall community from the potential negative impacts that can
result from the business. The courts have indicated that enough land must be available for adult uses or it
can be determined that the ordinance regulations effectively ban the use. Rosemount has historically chosen
the industrial northeast portion of the City as the location where the adult uses could locate. Staff has
prepared a map of the areas were adult uses could locate if adult uses were limited to the GI: General
Industrial district, east of Akron Avenue; more than 1,000 feet from a park, school, church, library, daycare,
cemetery, or another adult use; or 500 feet from a residence. The map results in 1,010 acres of land available
for adult uses on all or part of 90 parcels with 15 different owners. The 1,010 acres of land available for
adult uses is 16.8% of the total commercial and industrial land in Rosemount and 4.5% of the entire City.
The City Attorney believes that given the amount of land that would be available for an adult use per the
zoning code, the ordinance is defensible if challenged.
To codify the 1,010 acres shown on the map, staff proposes two changes to the Zoning Ordinance. First,
staff has removed adult uses from the HI: Heavy Industrial zoning district. Second, staff has added text to
the overlay district to limit adult uses to north of CSAH 42 in addition to being located east of Akron
Avenue. Adding the location requirement, north of CSAH 42, does not remove any areas from the map but
does prevent any future industrial lands within UMore from being available for adult uses. The fully revised
adult use text within the Zoning Ordinance is provided below.
ORDINANCE LANGUAGE
Attached to this Executive Summary is the proposal for all the City Code amendments regarding adult
uses. The majority of the revisions are within the Adult Use Establishment Business License requirements
(City Code Sections 3 -8 -1 through 3- 8 -14). These business license sections are not the responsibility of
the Planning Commission but are provided for the benefit of any resident that attends the public hearing
and comments on any portions of the proposed amendments.
Provided below is the specific amendments proposed to the Zoning Ordinance provisions regarding Adult
Uses.
11 -4 -16: GI GENERAL INDUSTRIAL DISTRICT:
B. Permitted Uses:
Adult uses as defined and regulated in section 11 -7 -5 of this title and title 3, chapter 8
of this code.
11- 4 -16 -1: HI HEAVY INDUSTRIAL DISTRICT:
B. Permitted Uses:
Adult uses as defined and Fegulated in seotion 11 7 5 of this title and title 3, Ghapter 8
of +s -code.
11 -7 -5: ADULT USES ESTABLISHMENT REGULATIONS:
A Findings Arid P Fpese'
2
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IMM A
-
R, _
'AL,
-
-
2
a. Minnesota statutes, seGtiGn 4652.357, allows theGityte adopt regulations to
•
1i11. - —] :ff�T.'RI
A. Incorporation of Findings and Definitions: The Findings, Purpose and Definitions in
Sections 3 -8 -1 and 3 -8 -2 of this code are incorporated and relied upon in this section.
3-.—B. Permitted Locations: Adult use establishments as defined and regulated in title
3, chapter 8 of this code are permitted in an overlay district which is established in the
general industrial (GI) zone east of Akron Avenue and north of CSAH 42 in the city of
Rosemount. Adult uses will conform to the general industrial (GI) zone standards.
Adult use establishments may be located within the overlay district provided they meet
the following criterion: adult use establishments may not be located within five hundred
feet (500') of a residential structure, or within one thousand feet (1,000') from the
property line of a park, school, church, library, commercial daycare center, cemetery,
or within one thousand feet (1,000') of another adult use establishment.
AUTHORITY FOR THE TEXT AMENDMENT
As discussed at the April 9 Planning Commission legal training, a Zoning Ordinance Text Amendment is a
legislative action of the Planning Commission. The Planning Commission has wide flexibility when
reviewing legislative actions, but staff would remind the Planning Commissioners that the City Attorney
finds the amendment acceptable, which results in approximately 1,000 acres of land available for an adult
use and includes almost 17% of the City's available commercial or industrial land. Staff would not
recommend eliminating any additional areas without consulting with and gaining support from the City
Attorney.
POLICE CHIEF COMMENTS
The Police Chief has actively participated in the City Code amendments, particularly on the Business
License regulations. In response to Commissioner Miller's concerns, staff discussed if the areas proposed
for adult uses could be monitored. The Commission may recall Commissioner Miller was wondering if the
adult uses should be located closer to the currently developed areas of the community so there could be
K3
more monitoring of on -going activities by the general public. The Police Chief stated that he is responsible
for the entire City and that the police officers can adequately patrol and monitor the areas proposed as a
potential location for an adult use in Rosemount.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the Zoning Ordinance Text
Amendments for Adult Uses.
4
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE RELATING TO ADULT USE ESTABLISHMENTS;
AMENDING ROSEMOUNT CITY CODE, SECTIONS 3 -8 -1 THROUGH 3 -8 -14 AND
SECTIONS 11 -4 -16 AND 11 -7 -5
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS as follows:
Section 1. Rosemount City Code, Sections 3 -8 -1 through 3 -8 -14, is amended as follows:
3 -8 -1: FINDINGS AND PURPOSE:
Studies conducted by the American Planning Association, the Minnesota attorney general's office
and the governments of St. Paul, Alexandria, and Ramsey, Minnesota; St. Croix County, Wisconsin;
Denver, Colorado; Phoenix, Arizona; Los Angeles, California; Rochester, Minnesota; Olmsted
County, Minnesota; Indianapolis, Indiana; and Seattle, Washington; and the Texas City Attorneys'
Association have investigated the impacts that adult establishments have in their communities.
These studies have concluded that adult establishments have negative secondary impacts on
surrounding neighborhoods. Those impacts included increased crime rates, lower property values,
increased transiency, neighborhood blight and potential health risks. The Rosemount City Council is
relying on the studies many of which were conducted in larger cities recognizing izing that the same or
similar adverse impacts could occur in a smaller pit. Based on these studies and findings, the city
council concludes:
A. Minnesota Statutes, section 462.357, allows the city to adopt regulations to promote the
public health, safety, morals, and general welfare.
B. The public health, safety, morals and general welfare will be promoted by the city adopting
regulations governing adult establishments.
C. Adult establishments have adverse secondary impacts of the type found in the studies
referenced in this chapter.
D. The adverse impacts caused by adult establishments tend to diminish if adult establishments
are governed by location requirements, licensing requirements and health requirements.
E. It is not the intent to prohibit adult establishments from having a reasonable opportunity to
locate in the city.
F. A reasonable licensing procedure is an appropriate mechanism to place the burden of
reasonable regulation on the owners and the operators of the adult establishment. A
licensing procedure will place an incentive on the operators to see that the adult
establishment is run in a manner consistent with the health, safety and welfare of its
421740v1 MDT RS220 -346
patrons and employees as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of the sexually- oriented
business fully in possession and control of the premises and activities occurring therein.
G. The fact that an applicant for an adult use license has been convicted of a certain crime
leads to the rational assumption that the applicant may engage in that conduct in
contravention of this Chapter.
H. Smaller cities experience many of the same adverse imEpacts of adult establishments
present in larger communities.
3 -8 -2: DEFINITIONS:
The following words and terms when used in this chapter shall have the following meanings unless
the context indicates otherwise:
ADULT ESTABLISHMENT: Any business that: " as defined in this seration er any
C. Any business that has empleyee(s)
independent or- in
or-
eentraeter(s) working per-forming
expose the genitals, pubie
the a.
btA4eek,
female breast(s) below a immediately above
region,
point
A. devotes a substantial or siiznificant Dortion of its inventorv, stock -in- trade, _or publicl
displayed merchandise or devotes a substantial or significant portion of its floor area (not
including storerooms stock areas bathrooms basements or any portion of the business not
open to the public) to or derives a substantial or significant portion of its gross revenues
from items merchandise devices or other materials distinguished or characterized by
emphasis on material depicting exposing simulating, describing, or relating to Specified
Sexual Activities or Specified Anatomical Areas; or
B. engages in any Adult Use as defined in this section.
ADULT USE: An adult use is any of the activities and businesses described below:
Adult Body Painting Studio: An establishment or business which provides the service of applying
paint or other substance, whether transparent or nontransparent, to the body of a patron when such
421740v1 MDT RS220 -346
person is nude.
Adult Bookstore or Videostore: An establishment or business used for barter, rental or sale of items
consisting of printed matter (including books magazines, periodicals or other printed matter),
pictures, slides, records, audio tape, videotape, compact discs, digital video discs, of motion picture
film, Or other visual representations rrsuvrr- business - is - net rePcn -cv the puOno generally but e__•, to
ene- er- fner-e- classes -of the hiding any miner- by reason of age, e if a substantial or
significant portion of such business or establishment is devoted to material distinguished and
characterized by an emphasis on the depiction or description of "specified sexual activities" or
"specified anatomical areas ".
Adult Cabaret: A business or establishment that provides dancing or other live entertainment to
patrons if the dancing and live entertainment is distinguished and characterized by an emphasis on
the presentation, display, depiction of matter that seeks to evoke, arouse or excite the patron's sexual
or erotic feelings or desire.
Adult Companionship Establishment: A business or establishment that eKeludes mi er-s by r-eas ^�
provides the service of engaging in or listening to conversation, talk or discussion
between an employee of the establishment and a customer, if such service is distinguished and
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ".
Adult Conversation/Rap Parlor: A business or establishment that ° eludes miner -^ by 1eason ^�
age, and .,,hie provides the services of engaging in or listening to conversation talk, or
discussion, if such service is distinguished and characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas ".
Adult Health/Sport Club: A health/sport club that whiEh exe ud°^ fniner-s by reason of age f
sueh elub is distinguished and characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas ".
Adult Hotel Or Motel: A hotel or motel ffem w-hne-h ... h.— me speeifieally exelude f'
where material is presented which is distinguished and characterized by an
emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas ".
Adult Massage Parlor: A massage parlor that health l 4 h '' t ' ' s by reason of
age, and eh provides the services of massage, if such service is distinguished and
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ".
Adult Mini - Motion Picture Theater: A business or establishment with a capacity for less than
fifty (50) persons used for presenting material if such material is distinguished and characterized
by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or
"specified anatomical areas ".
Adult Modeling Studio: A business or establishment that provides customers figure models who
are so provided with the intent of providing sexual stimulation or sexual gratification to such
customers and who engage in "specified sexual activities" or "display specified anatomical
4217400 MDT RS220 -346 3
areas" while being observed, painted, painted upon, sketched, drawn, sculpted, photographed, or
otherwise, depicted by such customers.
Adult Motion Picture Arcade: Any place to which the public is permitted or invited where coin
or slug operated or electronically, electrically or mechanically controlled or operated still or
motion picture machines, projectors of other image producing device 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 and characterized by an emphasis on depicting or describing
"specified sexual activities" or "specified anatomical areas ".
Adult Motion Picture Theater: A motion picture theater with a capacity of fifty (50) or more
persons used for presenting material if sueh t prevailing r ae iee ° eludes s b
reason e f age it sue material i distinguished and characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas ".
Adult Novelty Business: A business which has as a principal activity the sale of devices which
stimulate human genitals or devices which are designed for sexual stimulation.
Adult Sauna: A sauna that w-hieh excludes- miner -s by reason of age, and which provides a steam
bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam
or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is
distinguished or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas ".
Adult Steam Room/Bathhouse Facility: A building or portion of a building used for providing a
steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning agent if s, >, building or pet4i^„ of n h„il h.+
if the service provided by the steam/bathhouse facility is
distinguished and characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas ".
NUDE OR SPECIFIED ANATOMICAL AREAS:
A. Less than eempletely and epaquely eevered human genita4s, pubie region, btWeek, anus,
or female bFea.t(s) below n point immediately above the nreela•f and
A. The showing of the human male or female genitals, pubic area, buttocks, or anus with less
than a fully paque covering; the showing of the female breast with less than a fully
opaque covering o�ypart of the nipple; the exposure of any device, costume, or
covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft,
perineum anal region or pubic hair region; or the exposure of any device worn as a cover
over the nipples and /or areola of the female breast, which device simulates and gives the
realistic appearance of nipples and/or areola; or
B. Human male genitals in a discernible turgid state, even if completely and opaquely
covered.
421740vl MDT RS220 -346 4
SPECIFIED SEXUAL ACTIVITIES:
A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral -anal
copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, asppism, zooerasty; or
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
D. Fondling touching nude human genitals, pubic region, buttocks, or female breast(s); or
E. Situations involving a person or persons, any of whom are nude, clad in undergarments or
in sexually revealing costumes, and who are engaged in activities involving the
flagellation, fettering, binding or other physical restraint of any such persons; or
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a
human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation.
SUBSTANTIAL OR SIGNIFICANT: For purposes of this section, the phrase "substantial or
significant" means 25 %. that east one few4'� "�f the poi4ien of the f o area of the
business not epen to the publie) is deveted to items, mer-ehandise or- other- mater-W that i-S
distinguished or- ehar-aeter-ized by an emphasis on the depietion or- deser-iption of "speeified
sexual aefi 64
ties or- "specif ed-anatemiea4 ar-eas!
3 -8 -3: LOCATION:
Licenses for adult use establishments may be granted only for operation on sites where such uses
are allowed under Rosemount city code sections 11 -4 -16 and 11 -7 -5. zening ordinanee B,
sGGfien -T.
3 -8 -4: HOURS OF OPERATION:
No "adult establishment" as defined in this chapter may remain open at any time between the
hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on weekdays and Saturdays, and
one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. on Sundays.
421740v1 MDT RS220 -346 5
3 -8 -5: LICENSING:
No person shall own or operate an adult establishment without first having secured a license as
provided for in this section. The application for an adult establishment license shall be submitted
on a form provided by the city and shall include:
A. If the applicant is an individual, the name, residence, phone number, and birth date of the
applicant. If the applicant is a partnership, the name, residence, phone number, and birth
date of each general and limited partner. If the applicant is a corporation, the names,
residences, phone numbers, and birth dates of all those persons who are controlling
stockholders holding more than five per-eent (50i) of the issued and outstanding st„ °v of
the corporation.
B. The name, address, phone number, and birth date of the operator and manager of such
operation, if different from the owners.
C. The address and legal description of the premises where the adult establishment is to be
located.
D. A statement detailing any gross misdemeanor or felony conviction relating to sex
offenses, obscenity or the operation of an adult establishment or adult business by the
applicant, operator or manager and whether or not the applicant, operator or manager has
ever applied for or held a license to operate a similar type of business in other
communities. In the case of a corporation or partnership, a statement detailing any felony
convictions by of the owners partners officers, directors or controlling stockholders of
more percen4 (5,046) of issued and etAstanding stee of the cerpermie13
business, and whether or not those ewers individuals have ever applied for or held a
license to operate a similar type of business in other communities.
E. The activities and types of business to be conducted.
F. The hours of operation.
G. The provisions made to restrict access by minors.
H. A building plan of the premises detailing all internal operations and activities.
I. Whether the applicant has previously been denied a license of this type by any other
government unit.
J. ,
Hennepin, Ramsey, Affieka, Washington, Seett or- Carver- County Who are of geed moral
ehar-aeter- and who are not related to the applieant and not holding any evmer-ship i
Pr° business, .�.., ......,.. ...,...:b..
K. Whether all real estate and personal property taxes that are due and payable for the
421740v1 MDT RS220 -346 6
premises to be licensed have been paid, and if not paid, the years and amounts that are
unpaid.
3 -8 -6: LICENSE FEE:
A. The annual license fee is set forth by city council resolution.
B. Each application for a license shall be submitted to the city clerk and payment made to
the city. Each application for a license shall be accompanied by payment in full of the
required license fee. Upon rejection of any application for a license, the city shall refund
the license fee.
C. All licenses shall expire on the last day of December in each year. Each license shall be
issued for a period of one year, except that if a portion of the license year has elapsed
when the application is made, a license may be issued for the remainder of the year for a
prorated fee. In computing such fee, any unexpired fraction of a month shall be counted
as one month.
D. No part of the fee paid by any licensee shall be refunded, except that a prorated portion of
the fee shall be refunded in the event of the complete closure of the business and
cessation of business activities for any of the following reasons and upon application to
the City Clerk within thirty (30) days from the happening of the event, provided that such
event occurs more than thirty (30) days before the expiration of the license:
1. Destruction or damage of the licensed premises by fire or other catastrophe.
2. The licensee's illness.
3. The licensee's death.
4. A change in the legal status making it unlawful for licensed business to continue.
Each application shall contain a provision on the application indicating that any withholding of
information or the providing of false or misleading information will be grounds for denial or
revocation of a license. Any changes in the information provided on the application or provided
during the investigation shall be brought to the attention of the City Clerk by the applicant or
licensee. If said changes take place during the investigation, said data shall be provided to the
Police Chief or the City Clerk in writing.
3 -8 -7: INVESTIGATION FEE:
At the time of original application for a license, the applicant shall deposit AN° theusand five
hundred dollars ($1,500.00) with the City for- an investigation fee with the City. The amount
of the investigation fee will be set by the Citv Council. The investieatien fee for- kwesfigafie
hundr-ed fifty dollars ($350.00), but net to emeeed ten thousand dollars ($10,000.00).
Any fees due in exeess of the one thousand five hundred dollars ($1,500.00) deposit Any fees
that become due after the original deposit must be paid before the City Council considers the
application. Any unexpended portion of the deposit in exeess of t4ee hundred fifty dollars
4217400 MDT RS220 -346 7
A(9:298 88N
shall be returned to the applicant.
3 -8 -8: GRANTING OF LICENSE:
A. The City Clerk and Police Chief, or such persons as they shall designate, shall complete
their investigation within thirty (30) days after the City Clerk receives a complete
application and all license and investigation fees.
B. If, after such investigation it appears that the applicant and the place proposed for the
business are eligible for a license under the criteria set forth in this Section, then the
license shall be issued by the City Council within thirty (30) days after the investigation
is completed. Otherwise, the license shall be denied. If the application is for renewal, the
applicant may continue in business until the City Council decides to either renew or not
renew the license.
C. Each license shall be issued to the applicant only and shall not be transferable to another
holder. Each license shall be issued only for the premises described in the application.
No license may be transferred to another premises without the approval of the City
Council. If the licensee is a partnership or a corporation, a change in the identity of any
of the piples principals of the partnership or corporation shall be deemed a transfer of
the license. Any adult establishment existing at the time of the adoption of these
amendments to this Chapter shall be required to obtain an annual license.
D. If the license application is denied by the City Council, the applicant may, within fifteen
(15) days after denial, commence an action in State or Federal court for the purpose of
determining whether the City Council acted properly in denying the application. If an
adult establishment is lawfully in existence at the time of the adoption of these
amendments to this Chapter, the adult establishment may continue in business until the
court action is completed. Otherwise, the applicant may not commence doing business
until the judicial action has been finally resolved.
3 -8 -9: PERSONS INELIGIBLE FOR LICENSE:
No license shall be issued or held by any person:
A. Under the age of twenty one (21).
B. Who is overdue or whose spouse is overdue in his or her payment to the City, County or
State of taxes, fees, fines or penalties assessed against them or imposed upon them.
C. Who has been convicted or whose spouse has been convicted of a gross misdemeanor or
felony or of violating any law of this State or local ordinance relating to_ sex, obscenity,
or prostitution offenses., obscenity offenses e adult establishments; sexual and labor
trafficking crimes; controlled substance offenses; or crimes against the person (including
but not limited to assault, robbery and kidnapping).
421740v1 MDT RS220 -346
D. Who is not the proprietor of the establishment for which the license is issued.
E. Who has been denied a license by the City or any other Minnesota municipal corporation
to operate an adult establishment, or whose license to operate an adult establishment has
been suspended or revoked within the preceding twelve (12) months, or who is residing
with any such person.
F. Who has not paid the license and investigation fees required by this Chapter.
3 -8 -10: PLACES INELIGIBLE FOR LICENSE:
A. No license shall be granted for adult establishments on any premises where the applicant
or any of its officers, agents or employees has been convicted of a violation of this
Chapter, or where any license hereunder has been revoked for cause, until one year has
elapsed after such conviction or revocation.
B. No license shall be granted for any adult establishment which is not in full compliance
with the City Code, the City's zoning ordinance, the Building Code, the Fire Code, the
City's health regulations, this Chapter and all provisions of State and Federal law.
C. Establishments holding any type of liquor license are ineligible for a license.
3 -8 -11: CONDITIONS OF LICENSE:
A. Every license shall be granted subject to the following conditions and all other provisions
of this Chapter, and of any applicable sections of the City Code, the City's zoning
ordinance, the Building Code, the Fire Code, the City's health regulations and all
provisions of State and Federal law.
B. All licensed premises shall have the license posted in a conspicuous place at all times.
C. No minor shall be permitted on the licensed premises.
D. Any designated inspeefie officer of the City shall have the right to enter and inspect the
premises of a licensee during business hours.
E. Every licensee shall be responsible for the conduct of his or her place of business and
shall maintain conditions of order.
F. No adult goods, materials, or services shall be offered, sold, transferred, conveyed, given,
displayed, or bartered to any minor.
G. An adult establishment shall not sell or dispense non - intoxicating or intoxicating liquors
nor shall it be located in a building that contains a business that sells or dispenses non-
intoxicating or intoxicating liquors.
421740v1 MDT RS220 -346 9
M;5bA a B►/19111'6
A. Any person violating any provision of this Chapter is guilty of a misdemeanor and upon
conviction shall be punished not more than the maximum penalty for a misdemeanor as
prescribed by law.
B. Any violation of this Chapter shall be a basis for the suspension, or revocation of any
license granted hereunder. The basis for suspending or revoking a license may include,
but is not limited to, the following:
1. The licensee has knowingly_ given false information in the license application;
2. The licensee has knowingly or recklessly engaged in or allowed possession, use
or sale of controlled substances on the premises of the adult establishment;
3. The licensee has knowingly or recklessly engaged in or allowed prostitution on
the premises of the adult establishment;
4. The licensee knowingly or recklessly operated the business during a period of
time when the license was finally suspended or revoked,
5. The licensee has knowingly or recklessly allowed criminal activity on the
premises of the adult establishment;
6. The licensee has knowingly or recklessly allowed minors on the premises of an
adult establishment; or
7. The licensee violates any other provision of this Chapter.
in the event that the City Couneil proposes t revoke suspend the a se , The City
Jt
Clerk shall notify the licensee °h^" be, Roti °a in writing of the basis for sueh a proposed
revocation or suspension. The licensee shall have ten (10) days after delivery of the written
notice to submit a written request for a hearing on the proposed suspension or revocation.
If the licensee does not request a hearing within ten (10) dgys, the proposed suspension or
revocation is final. If the licensee reauests a hearing, the City Clerk will notify_ the
licensee of the date, time, and place of the hearing. The Council shall hold a hearing for
the purpose of determining whether to revoke or suspend the license, which hearing shall
be within thirty (30) days of r„� notiee the request for a hearing. A decision shall be
made by the City Council within thirty (30) days after the close of the hearing.
C. The City C—euneil shall detennine whether—to suspend, errevok° a heens° Sue A
suspension or revocation shall not be effective until fifteen (15) days after notification of
the Council's decision to the licensee. If, within those fifteen (15) days the licensee
commences an action in State or Federal court for the purpose of determining whether the
City acted properly, the licensee may continue in business until the conclusion of the
action.
(Want to include something regarding the length of suspension (ie, 30 days) or
revocation (ie, 12 months) ?]
421740v1 MDT RS220 -346 10
3 -8 -13: HINDRANCE:
Any person hindering the efforts of City officials to investigate possible violations of this
Chapter shall be guilty of a misdemeanor.
3 -8 -14: CONFLICT OF CHAPTER:
In any case where a provision of this Chapter is found to be in conflict with a provision of any
zoning, building, fire, safety or health ordinance or code in the City, the provision which
establishes the higher standard for the promotion and protection of the health and safety of the
people shall prevail. In any case where a provision of this Chapter is found to be in conflict with
a provision of any other ordinance or code of the City existing on the effective date of this
Chapter which established a lower standard for the promotion and protection of the health and
safety of the property, the provision of this Chapter shall be deemed to prevail. The
determination of the applicability of this Chapter in light of the above rules of interpretation shall
be made by the City and its determination shall be final. The provisions of this Chapter
supplement, but do not supersede the provision of Chapter 2B and 2C of this Title 3.
Section 2. Rosemount City Code Title 3 is amended by adding the following new Section 3-
8-15:
3 -8 -15: OPT OUT OF STATE LAW:
Minnesota Statutes Section 617.242 does not apply in the City.
Section 3. Rosemount City Code Title 3 is amended by adding the following new Section 3-
8-16:
3 -8 -16: SEVERABILITY:
Every section paragraph or part of Title 3 Chapter 8 of this Code is declared severable from
every other section paragraph or part thereof to the extent that if any section, paragraph or part is
held invalid by a court of competent jurisdiction it shall not invalidate any other section,
paragraph or part thereof.
Section 4. Rosemount City Code Title 3 is amended by adding the following new Section 3 -8-
112:
3 -8 -112: ADDITIONAL CONDITIONS FOR ADULT CABARETS: In addition to all
other conditions set forth in this Chapter, the following conditions apply to adult cabarets:
A. No owner, operator or manager of an adult cabaret shall permit or allow any dancer or
other live entertainer to perform nude.
B. No dancer, live entertainer, patron or any other person may be nude in an adult
421740v1 MDT RS220 -346 11
cabaret.
C. No dancer, live entertainer or performer shall be under 18 years old.
D. All dancing or live entertainment shall occur on a platform intended for that purpose
and which is raised at least two feet from the level of the floor.
E. No dancer or performer shall fondle touch, or caress any patron and no patron shall
fondle, touch, or caress any dancer or performer.
F. No patron shall pay or give any gratuity to any dancer or performer.
G. No dancer or performer shall solicit any _pay or gratuity from M patron.
H. A licensee under this section shall not allow any partition between a subdivision, portion,
or part of the licensed premises having any perture which is designed or constructed to
facilitate sexual intercourse, sodomy, or fondling or other erotic touching of human
genitals, pubic region or pubic hair, buttocks or female breast between persons on either
side of the partition.
I. A licensee under this section shall not allow or have on the licensed premises or
adjoining areas any booths, stalls, or partitions used for the viewing of motion pictures or
other forms of entertainment, including but not limited to live entertainment that have
doors, curtains or portal partitions unless such booths, stalls, or partitions have at least
one side open to an adjacent public room so that the area inside is visible to persons in the
adjacent public room. Such areas shall be lighted in a manner that the persons in the area
used for viewing motion pictures or other forms of entertainment are visible from the
adjacent public rooms. No reclining surfaces inside any booths, stalls, or partitions used
for the viewing of motion pictures or other forms of entertainment including but not
limited to live entertainment shall be permitted.
Section 5. Rosemount City Code, Section 11- 4 -16 -1 is amended as follows:
B. Permitted Uses: The following are permitted uses in the HI heavy industrial district:
Commercial use antennas and towers, subject to the requirements of section 11 -9 -6 of this
title.
Essential services.
Heavy manufacturing (including large structures or equipment which: 1) refine or store
combustible or explosive materials or 2) blend, store and distribute chemicals or fertilizer).
421740v1 MDT RS220 -346 12
Section 6. Rosemount City Code, Section 11-7-5 is amended as follows:
11 -7 -5: ADULT USES ESTABLISHMENT REGULATIONS:
V4 FRI I;
am
A. Incorporation of Findings and Definitions: The Findings Purpose and Definitions in Sections
3 -8 -1 and 3 -8 -2 of this code are incorporated and relied upon in this section.
B. Permitted Locations: Adult use establishments as defined and regulated in title 3, chapter 8
of this code are permitted in an overlay district which is established in the general industrial (GI)
zone east of Akron Avenue and north of CSAH 42 in the city of Rosemount. Adult uses will
conform to the general industrial (GI) zone standards. Adult use establishments may be located
within the overlay district provided they meet the following criterion: adult use establishments
may not be located within five hundred feet (500') of a residential structure, or within one
thousand feet (1,000') from the property line of a park, school, church, library, commercial
daycare center, cemetery, or within one thousand feet (1,000') of another adult use establishment.
421740v1 MDT RS220 -346 13
•
„
.
_
- -
r
V4 FRI I;
am
A. Incorporation of Findings and Definitions: The Findings Purpose and Definitions in Sections
3 -8 -1 and 3 -8 -2 of this code are incorporated and relied upon in this section.
B. Permitted Locations: Adult use establishments as defined and regulated in title 3, chapter 8
of this code are permitted in an overlay district which is established in the general industrial (GI)
zone east of Akron Avenue and north of CSAH 42 in the city of Rosemount. Adult uses will
conform to the general industrial (GI) zone standards. Adult use establishments may be located
within the overlay district provided they meet the following criterion: adult use establishments
may not be located within five hundred feet (500') of a residential structure, or within one
thousand feet (1,000') from the property line of a park, school, church, library, commercial
daycare center, cemetery, or within one thousand feet (1,000') of another adult use establishment.
421740v1 MDT RS220 -346 13
Section 7. This Ordinance shall be effective the day following its publication.
Underlined material is new. Strieke material is deleted.]
Adopted this day of , 2013, by the City Council of the City of Rosemount,
Minnesota.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages the day of , 2013.
421740vl MDT RS220 -346 14
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