HomeMy WebLinkAbout9.c. Request by City Staff to City Code regarding Adult Uses, Case 13-10-TAROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: May 21, 2013
AGENDA ITEM: Case 13- 10 -TA; Request by City Staff to
AGENDA SECTION:
City Code regarding Adult Uses
New Business
PREPARED BY: Eric Zweber, Senior Planner
AGE DA NO.
.0 .
ATTACHMENTS: Ordinances; Adult Use Establishment
APPROVED BY:
Map; Excerpt of the March 26 Planning
Commission Meeting; Excerpt of the April
23 Planning Commission Meeting.
Db,
RECOMMENDED ACTION: Motion to adopt Ordinance B -227 an Ordinance relating
to Adult Use Establishments; Amending Rosemount City Code Sections 11- 4 -16 -1 and
11 -7 -5.
Motion to adopt an Ordinance relating to Adult Use Establishments; Amending
Rosemount City Code Sections 3 -8 -1 through 3 -8 -14; and Adding new Sections 3 -8-
11-1, 3 -8 -15 and 3 -8 -16.
Motion to approve a Resolution Amending the Fee Schedule regarding Adult Use
Establishments.
SUMMARY
City staff has initiated a review and amendment to the City Code regarding adult uses. Staff is
proposing to amend the Business Regulations to update the ownership requirements and business
and performer regulation. Staff is proposing amend the Zoning Ordinance to remove adult uses
from the HI: Heavy Industrial zoning district, maintaining the use in the GI: General Industrial
zoning district consistent with the current condition. Additional language will also restrict an adult
use to be located north of County Road 42 (CSAH 42) in addition to the current standard of being
located east of Akron Avenue. The Fee Schedule is also being updated to include the adult
establishment investigation fee.
PLANNING COMMISSION MEETING MARCH 26, 2013
On March 26, 2013, the Planning Commission reviewed the Adult Use Text Amendment proposed by
City Staff. Commissioner Miller asked what zoning district adult uses were allowed in and stated there
may be an advantage to having adult uses closer to the established community so that residents can
keep their eyes on the business. Commissioner Weber questioned if the adult business would be too
visible along US Highway 52 and staff responded that the City must provide an area were adult uses
are allowed and recommended the general industrial area even though some properties zoned GI are
located along US Highway 52. Commissioner Husain asked if the City has received an application for
an adult use establishment and staff stated the City has not received an application. The Planning
Commission scheduled the public hearing regarding the text amendment for April 23.
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 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.
PLANNING COMMISSION MEETING APRIL 23, 2013
On April 23, 2013, the Planning Commission reviewed the Adult Use Text Amendment proposed by
City Staff. Commissioner Husain asked how the set back from residences and community facilities
were determined and staff stated that the setbacks were established and supported by the adult use
impact studies identified in the Ordinance. Commissioner Weber asked how legally defensible the
Ordinance standards are and staff responded that Mary Tietjen, the attorney who helped prepare the
Ordinance, has significant experience with legal cases regarding adult uses. Frank Knoll spoke during
the public hearing and asked if adult uses could have rental rooms. Staff explained that the Ordinance
prohibits private rooms in adult use establishments as well as prohibiting liquor sales. The Planning
Commission unanimously recommended approval of the Text Amendment regarding Adult Use
Establishments.
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. The Police Chief and the
City Attorney has proposed revisions to the Business Regulation Ordinance regarding Adult Use
Establishments.
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.
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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 -16), with two revisions to the Zoning
Ordinance (11- 4 -16 -1 and 11 -7 -5). The full Text Amendments are attached to this Executive
Summary and provided below is the general amendments proposed to the City Code provisions
regarding Adult Uses:
• Evaluate and include relevant adult use impact studies.
• Clarify adult establishment definitions.
• Update reference to the Zoning Ordinance.
• Clarify ownership, partnership or interests in an adult use.
• Remove fee from the City Code which will be added to the fee schedule.
• Add a number of criminal offenses that would make an individual ineligible for an adult use
license.
• Ban establishments with a liquor license from obtaining an adult use ordinance.
• Clarify license suspension and revocation provisions.
• Add business and dancer performance requirements to Adult Cabarets.
• Remove adult uses from the HI: Heavy Industrial Zoning District.
• Add a requirement that adult uses must be north of CSAH in addition to east of Akron
Avenue.
AUTHORITY FOR THE TEXT AMENDMENT
A Zoning Ordinance Text Amendment is a legislative action that normally has wide flexibility when
reviewing, but staff would remind the City Council 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.
RECOMMENDATION
Staff recommends that the City Council approve the Zoning Ordinance Text Amendments for
Adult Uses; approve the Adult Use Business Regulation Text Amendment; and approve the
amendment to the Fee Schedule to add the Adult Use Fees.
3
City of Rosemount
Ordinance No. B- 227
AN ORDINANCE RELATING TO ADULT USE ESTABLISHMENTS;
AMENDING ROSEMOUNT CITY CODE SECTIONS 11- 4 -16 -1 AND 11 -7 -5
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is
hereby amended as follows:
Section 1. The Rosemount City Code, Section 11- 4- 16 -1(B) 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).
Section 2. The Rosemount City Zoning Code, Section 11 -7 -5 is amended as follows:
11 -7 -5: ADULT USES ESTABLISHMENT REGULATIONS:
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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.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
(Underlined material is new. Strieken material is deleted.]
Adopted this 215` day of May, 2013 by the City Council of the City of Rosemount, Minnesota.
ATTEST:
Amy Domeier, City Clerk
By:
William H. Droste, Mayor
Published in the Rosemount Town Pages the of May, 2013.
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 ADDING NEW
SECTIONS 3- 8 -11 -1, 3-8 -15 AND 3 -8 -16
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS as follows:
Section 1. Rosemount City Code, Sections 3 -8 -1 through 3 -8 -14, are 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, Minneapolis, and Ramsey, Minnesota; St. Croix County,
Wisconsin: Denver and Adams County, Colorado: Chicago, Illinois: Phoenix, Arizona; Los Angeles,
California; Rochester,, " ;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 that the same or similar adverse impacts could occur in a smaller city.
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
421740v2 MDT RS220 -346
establishment is run in a manner consistent with the health, safety and welfare of its 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 impacts 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 seetion a
C. A" business
that has
i i
independent
etnplayee(s)
or-
eentt-aetor(s) war-king or- Perfo —
expose
the
the
butteek,
female breast(s) be!
genitals, pubie
.-.l..
regieft,
-Anedifttely above
A. devotes a substantial or significant portion of its inventory, stock -in -trade, or publicly-
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 an 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.
421740v2 MDT RS220 -346
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
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, or motion picture
film, or other visual representations if
one or mare elasses of the publie, exeluding a" rfAnar by reason of age, 0 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
of *ge, and whie 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 ,
*--whie 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 exeludeq ftiinerq by reasett of age, if queh
elub is distinguished and characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas ".
Adult Hotel Or Motel: A hotel or motel
pati-oftftge Ft 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 ,
and whie 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 ".
421740v2 MDT RS220 -346 3
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 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
reason of age if sueh materift! is 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 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
by- r-eftsan of age an 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. The showing of the human_ male or female genitals, pubic area. buttocks. or anus 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: the exposure of any device, costume, or covering that
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.
421740v2 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 at least etre €etbrth (4,14) ems the portion of the floor are of the
buss nat opeft to Elie-- pitb4e) is devoted ...- f- ehandise or otahet mate :",rrzc that is
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. .
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.
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:
421740v2 MDT RS220 -346
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 officers, directors
and stockholders holding more than five percent (5 0/6) of the issued and outstanding stock 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 stockholders holding 4 more than five percent (5 %o)
of the issued and outstanding stock of the business, and whether or not those
owners 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.
Whether the applicant has previously been denied a license of this type by any other
government unit.
j. The n*mes, street ftddfesses and businesses addresses of three (3) residents of ,
> Anoka, Washington,
eharftetern
K.
j. Whether all real estate and personal property taxes that are due and payable for the 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.
421740v2 MDT RS220 -346
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 ofte `hoot aiid &e
hth4dred dollaf-s ($4,500.00) with the City f6r the an investigation fee with the City. The amount of
the investigation fee will be set by the City Council.
e _R 4-q- dFLuetted entirely within the Statee sh-a-11 be dh_ree lath-idt-ed fifty de4ftfs ($350.00). F
eendueted outside the State, the Gity- shall be paid the iffvestigation easts ift emeess f)f thf-ee 161:�FIVPFA
fifty daHft-ts ($350.0(�, but not to emeeed teft thousand doflar-s ($10,000.00). Afty fees d__ _il Zy
of the one thousand five hundi!ed da6rs . 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 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.
421740v2 MDT RS220 -346 7
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 pririeiples
general or limited partners, officers, directors or shareholders holding more than 5% of the
issued and outstanding stock of the business shall be
deemed a transfer of the license. Any ft"t establishi-aefit e�dsting at the t4ne of the adoption
of this Chapter shafl be required to obtain ftn ftnnuftl heeft All adult establishments.
including those in operation before the effective date of the amendments to this Chapter and
those who begin operating after the effective date of the amendments to this Chapter, are
required to obtain a 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
establishinent is 6wfiAy in existenee at the time of the adeption of 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; adult establishments; sexual and labor trafficking
crimes: controlled substance offenses: or crimes against the person including but not limited
to assault, robbery and kidnappingl.
D. Who is not the proprietor of the establishment for which the license is issued.
421740v2 MDT RS220 -346 8
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 tyke 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 inspeetion 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.
421740v2 MDT RS220 -346 9
3 -8 -12: PENALTY:
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
remises 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 thftt the City Gatmeil proposes to revoke or suspend the lieeftse-, The City Clerk
shall noti the licensee in writing of the basis for s� 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) days, the proposed suspension or
revocation is final. If the licensee requests a hearinLy, the Citv 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 sueh 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. A suspension
or revocation shall not be effective until fifteen (15) days after notification of the Council's
decision to the licensee. If, within that 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.
D. If the licensee does not commence an action in court within the fifteen (15) day period, the
suspension or revocation is effective. A suspension shall be effective for a period not to
exceed thirty (30) days. A revocation shall be effective for a12eriod not to exceed one 411
year.
42174W 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
hart thereof.
Section 4. Rosemount City Code Title 3 is amended by adding the following new Section 3- 8 -11 -1:
3- 8 -11 -1: 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 cabaret.
C. No dancer, live entertainer or performer shall be under 18 years old.
421740v2 MDT RS220 -346 11
D. All dancing or live entertainment shall occur on a platform that is intended for that
purpose and that 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 any patron.
H. A licensee under this Chapter shall not allow any partition between a subdivision, 2ortion, or
part of the licensed premises having any aperture that 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 Chapter 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. This Ordinance shall be effective the day following its publication.
(Underlined material is new. Seri material is deleted.]
Adopted this 21" day of May, 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.
421740v2 MDT RS220 -346 12
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013-
A RESOLUTION AMENDING RESOLUTION 2012 -103
A RESOLUTION APPROVING AMENDMENTS SETTING THE
2013 SCHEDULE OF RATES AND FEES.
WHEREAS, the City Council has reviewed the 2013 Schedule of Fees and Rates and recognizes the
need to amend certain rates and fees for 2013; and
WHEREAS, the City Council has found the need to amend certain Administration Fees related to
the Adult Use Establishment fees.
THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, that it adopts
the following amended fees:
Background Investigation Fee
Deposit
In -state application
Out -of -state application
$1,500.0
350.00
Expenses in addition to $350.00 but not
to exceed $10,000
ADOPTED this 2131 day of May, 2013 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
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EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
MARCH 26, 2013
7.b. Adult Use Ordinance Text Amendment (13- 10 -TA). Senior Planner Zweber stated 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. Staff is planning to publish for a public hearing to be held on April
23 for the ordinance amendments pending discussion by the Commission tonight.
Commissioner Miller asked for clarification on why the use is being removed from the HI district
and why only east of Akron Avenue. Mr. Zweber stated that within the HI zoning district
standards, there is a minimum requirement of 25 acres in order to be zoned HI. Mr. Zweber stated
that requiring a business to purchase 25 acres for a couple thousand square foot building would
probably be unenforceable. Also, Mr. Zweber that since the adult use ordinance was created in
1989, it has stated east of Akron Avenue mainly for the proximity to residential areas.
Commissioner Weber expressed concern with the access constraints along Highway 52 and the
visibility of an adult use business right next to the highway. Mr. Zweber stated that the access
constraints would be the same for any other business trying to locate there and the aesthetic
requirements would also be the same; same sign requirements, same building material requirements
as other businesses.
Commissioner Husain asked if the City had received any applications for an adult use business and
Mr. Zweber replied that the reason staff brought this item to the Commission was because the City
was contacted by an appraiser working for MnDOT on the adult use establishment in Cannon Falls.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
APRIL 23, 2013
5.a. Adult Use Zoning Ordinance Text Amendment (13- 10 -TA). Senior Planner Zweber stated that
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.
Commissioner Husain asked for the basis of the required amount of feet from residential areas and
schools. Mr. Zweber stated staff has studies on file that have determined adult uses impact property
values and the community culture as a whole and provide the recommended setbacks to alleviate
those impacts.
Chairperson Powell asked Mr. Zweber to give a clarification of the circles and shadings on the map.
Mr. Zweber replied that the circles and gray shading indicate there is a either residence or heavy
industrial district where adult uses are no longer allowed.
The public hearing was opened at 6:43p.m.
Frank Knoll, 4322 145`h Street East, asked for clarification of the map sections around and north of
SKB and whether or not adult use businesses would be allowed to have rental rooms. Mr. Zweber
clarified the areas where adult uses would be allowed and stated there is a separation requirement
from adult uses for hotels, theaters, liquor businesses. Adult use businesses would not be allowed to
add these types of facilities, nor would one be allowed to be next to an adult use business.
MOTION by Powell to close the public hearing.
Second by Weber.
Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:46p.m.
Commissioner Weber asked if the provisions placing restrictions on the performer would be legally
defensible and if other cities have the same restrictions. Mr. Zweber gave a history on the work that
city attorney Mary Tietjen has done in writing adult use ordinances and stated the reason the
restrictions would be defensible is that adult uses must be allowed for free speech purposes but
restrictions can be placed upon the manner in which they operate, such as how the performers get
paid.
Commissioner Kurle asked if staff was asking for revisions to the Business Regulation Ordinance
from the Planning Commission. Mr. Zweber requested questions and comments from the
Commissioners if they had any, but specific revisions would have to be written and approved by the
city attorney.
MOTION by Weber 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.
Second by Powell.
Ayes: 4. Nays: None. Motion approved.