HomeMy WebLinkAbout6.h. Adult Use Ordinance CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: May 7, 1996
AGENDA ITEM: Adult Use Ordinance AGENDA SECTION: New
Business
PREPARED BY: Dean R. Lotter, Intern AGENDA
IYI 6, ,
ATTACHMENTS: Adult Use Code Book Ordinance, Zoning APPROVED BY:
Amendment, License Fee Memo, License Fee Resolution,
License Application Example
City of Rosemount Community Development Staff has been working on an adult use
ordinance and zoning amendment to present to the City Council. Court precedent does not
give cities the authority to ban these establishments completely from their communities
because these establishments have First Amendment (freedom of expression) protections.
Therefore, the purpose of the proposed City Code Book Ordinance Amendment and City Code
Ordinance B Zoning Amendment is to regulate the negative secondary effects (increased crime,
transiency, decline in property values, etc.) associated with adult use establishments to the
fullest extent possible. Any establishment that dedicates 25% of the floor area of the business
(not including storerooms, stock areas, bathrooms, basements or any portion of the business
not open to the public) to items, merchandise or material that emphasizes the depiction or
description of "specified sexual activities" or "specified anatomical areas," is regulated by this
City Code Book Amendment and Zoning Amendment. The proposed City Code Book Ordinance
Amendment and City Code Ordinance B Zoning Amendment have been developed and refined
from research that has been conducted, meetings that have been held with staff and legal
council and meetings (Feb. 27th, March 12th, March 26th & April 9th) with the Planning
Commission.
City Code Book Ordinance Amendment
The proposed City Code Book Ordinance Amendment contains the definitions pertaining
to adult uses, hours of operation of these establishments and licensing of adult use
establishments. Language in the licensing section details information pertaining to: the
application, license fee, investigation fee, circumstances under which a license is granted,
persons ineligible for a license, places ineligible for a license and penalties for violating this
ordinance. Locational requirements are contained in the City Code Ordinance B Zoning
Amendment.
Zoning Code Ordinance B Amendment
Locational language in any ordinance is one of the keys to regulating adult use
establishments. Creating a situation under which a community exercises its ability to regulate
the negative secondary effects of adult uses without abridging their First Amendment
protections is challenging. City Staff and the Planning Commission developed a zoning
amendment that creates an overlay district in the General-Industrial (I-G) Zone east of Akron
Avenue. Adult uses can locate in this overlay area and must abide by I-G Zone standards. This
amendment would require the existence of a buffer zone between adult uses and residential
uses of 500 feet and a 1,000 foot buffer between adult uses and other public uses such as
churches, parks, schools, day care centers, etc. In the case of the residential buffer area, the
line would be drawn from one structure to the other. The 500 foot buffer would create a
"protection" area of 18 acres around a residential structure. A 1,000 foot buffer would create a
"protection" area of 72 acres around a structure. In considering the various buffers that could
be used, it is important to remember that much of the 1-GI zone is owned or developed by
Koch, Continental Nitrogen, other businesses or existing non-conforming residential uses. The
Planning Commission believed that public uses such as churches, parks, day care centers, etc.
should be more protected and therefore have a 1,000 foot buffer around the property on which
such a use is located. The Planning Commission believed that a 500 foot buffer would be ,
adequate for residential properties. Buffers created around churches, parks, schools, day
cares, etc. would be measure from the property line of such a use to the structure of an adult
use. The 500 foot buffer around the residential uses would be drawn from the structure, not
the property. Please refer to the map included with this packet. The reason for this is if all
buffers are drawn from property lines, keeping in mind the size of most of the properties in the
G-I zone, there would be no available land at all. This zoning amendment also requires 1,000
feet between two or more adult use structures.
Allowing these uses to locate in the I-G zone as an overlay creates the most desirable
scenario possible. It was a goal of City Staff to minimize the negative secondary impacts of
adult uses on the community especially with regards to the Central Business District, Business
Park and the more densely populated areas of Rosemount. At the same time staff was aware
of the legal requirement to allow an adequate "opportunity area" for these uses within the City.
The G-I zone provides an ideal area. There is enough land available, yet the negative impacts
of such a use would be minimal when compared to other options.
License Fee Resolution
Other surrounding communities were contacted to find out what was commonly charged
for license fees for adult uses. If you refer to the memo enclosed with this packet, it is quite
apparent that there is nothing common or consistent about the fees that surrounding
communities charge for adult use licenses. Some communities are under moratoriums and do
not have any information on fees to offer at this time. A liquor license in Rosemount costs
$2,750.00. When comparing this cost to some of the fees for adult uses in other communities,
staff decided to propose a license fee of $3,000.00. This fee is to be renewed on an annual
basis by the City Council.
License Application
This application was designed in accordance with the information that is outlined in the
the proposed City Code Book Amendment.
RECOMMENDED ACTION: MOTION to approve An Ordinance Amending the City Code Book
That Regulates Adult Use Establishments; MOTION to approve An Ordinance Amending the
City Zoning Code Ordinance B; MOTION to approve A Resolution Establishing the License Fee
for Adult Use Establishments.
COUNCIL ACTION:
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY CODE BOOK THAT
REGULATES ADULT USE ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section I. Rosemount City Code, Title 3, is amended by adding new Chapter 8, Sections 3-8-1
through 3-8-14 as follows:
3-8-1: Findings and Purpose
Studies conducted by the American Planning Association, the Minnesota Attorney
Generals Office and the governments of St. Paul, Minnesota;Phoenix, Arizona; Los
Angeles, California; Rochester, Minnesota; Olmstead County, Minnesota; Indianapolis,
Indiana; and Seattle, Washington 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. 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 ordinance.
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.
3-8-2 Definitions
The following words and terms when used in this ordinance shall have the
following meanings unless the context indicates otherwise.
A. Adult Establishment: Any adult use as defined in this section or any business engaged
in any of the following activities or which utilizes any of the
following business procedures or practices:
1. A business that is conducted exclusively for the patronage of adults and as
to which minors are specifically excluded from patronage, either by
operation of law or by the owners of such business.
2. Any business that has a substantial or significant portion of the business or
establishment that is devoted to material depicting, exposing, describing,
discussing or relating specified sexual activities or specified anatomical
areas.
B. Adult Use: An adult use is any of the activities and businesses described below:
1. Adult Body Painting Studio: An establishment or business which provides
the service of applying paint or other substance, whether transparent or
non-transparent, to the body of a patron when such person is nude.
2. Adult Bookstore: An establishment or business used for barter, rental or
sale of items consisting of printed matter, pictures, slides, records, audio
tape, videotape, or motion picture film if such business is not open to the
public generally but only to one or more classes of the public, excluding
any minor by reason of age, or 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."
3. 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.
4. Adult Companionship Establishment: A business or establishment that
excludes minors by reason of age, and which 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."
5. Adult Conversation/Rap Parlor: A business or establishment that excludes
minors by reason of age, and which 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."
6. Adult Health/Sport Club: A health/sport club which excludes minors by
reason of age, if such club is distinguished and characterized by an
emphasis on "specified sexual activities" or"specified anatomical areas."
7. Adult Hotel or Motel: A hotel or motel from which minors are specifically
excluded from patronage and 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."
S. Adult parlor a Massage Parlor: A arlor or health club which restricts
g
minors by reason of age, and which provides the services of massage, if
such service is distinguished and characterized by an emphasis on
"specified sexual activities" or"specified anatomical areas."
9. Adult Mini-Motion Picture Theater: A business or establishment with a
capacity for less than 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."
10. 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.
11. 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 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."
12. Adult Motion Picture Theater: A motion picture theater with a capacity of
50 or more persons used for presenting material if such theater as a
prevailing practice excludes minors by reason of age if such material is
distinguished and characterized by an emphasis on"specified sexual
activities" or"specified anatomical areas."
13. 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.
14. Adult Sauna: A sauna which excludes minors 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."
15. 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 such building or portion of a building restricts minors by
reason of age and if the service provided by the steam/bathhouse facility is
distinguished and characterized by an emphasis on"specified sexual
activities" or"specified anatomical areas."
C. Nude or Specified Anatomical Area
1. Less than completely and opaquely covered human genitals, pubic region,
• buttock, anus, or female breast(s)below a point immediately above the
areola; and
2. Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
D. Specified Sexual Activities
1. 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
2. Clearly depicted human genitals in the state of sexual stimulation, arousal
or tumescence; or
•
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
4. Fondling touching nude human genitals, pubic region, buttocks, or female
breast(s); or
5. 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
6. Erotic or lewd touching, fondling or other sexually oriented contact with
an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
E. Substantial or Significant
1. For purposes of this section, the phrase"substantial or significant" means
that at least one-fourth(1/4) of the portion of the floor area of the business
(not including storerooms, stock areas, bathrooms, basements or any
portion of the business not open to the public) is devoted to items,
merchandise or other material that is distinguished or characterized by an
emphasis on the depiction or description of"specified sexual activities" or
"specified anatomical areas."
3-8-3 Location
L i censes f o r ad ult use establishments may be gr anted only for
operation on sites where
such uses are allowed under Rosemount City Ordinance B, Section 9.4.
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:
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 holding more than five (5)
percent 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, a statement detailing any felony convictions by the owners of
more than five (5) percent of the issued and outstanding stock of the
corporation, and whether or not those owners 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. The names, street addresses and businesses addresses of three(3) residents
of Dakota, Hennepin, Ramsey, Anoka, Washington, Scott or Carver
Counties who are of good moral character and who are not related to the
applicant and not holding any ownership in the premises or business, who
may be referred to as to the applicants and/or managers character.
K. 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.
B. Each application for a license shall be submitted to the City Clerk and
payment make 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(1)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 pro rated fee. In computing
such fee, any unexpired fraction of a month shall be counted as one (1)
month.
D. No part of the fee paid by any licensee shall be refunded, except that a pro
rated 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 30 (thirty)
days from the happening of the event, provided that such event occurs
more than 30 (thirty) days before the expiration of the license:
1. Destruction or damage of the licensed premises by fire or
other catastrophe.
2. The licensees illness.
3. The licensees death.
4. A change in the legal status making it unlawful for licensed
business to continue.
E. 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
A. At the time of original application for a license, the applicant shall deposit
one thousand five hundred dollars ($1,500.00)with the City for the
investigation fee. The investigation fee for investigations conducted
entirely within the State shall be Three Hundred Fifty Dollars ($350.00).
For investigation conducted outside the State, the City shall be paid the
investigation costs in excess of Three Hundred Fifty Dollars ($350.00), but
not to exceed Ten Thousand Dollars ($10,000.00). Any fees due in excess
of the One Thousand Five Hundred Dollars($1,500.00) deposit must be
paid before the City Council considers the application. Any unexpended
portion of the deposit in excess of Three Hundred Fifty Dollars ($350.00)
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 30 (thirty) 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 30 (thirty) days after the investigation is completed. Otherwise, the
license shall be denied.
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
principles of the partnership or corporation shall be deemed a transfer of
the license. Any adult establishment existing at the of the adoption of 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 15 (fifteen) 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 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 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 offenses, obscenity offenses or adult
establishments.
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 section.
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 section, or where any license hereunder has been
revoked for cause, until one (1) 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.
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 inspection officer of the City shall have the right to enter
and inspect the premises of a license during business hours.
E. Every licensee shall be responsible for the conduct of his/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.
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. In the event that the City
Council proposes to revoke or suspend the license, the licensee shall be
notified in writing of the basis for such proposed revocation or suspension.
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 such notice. A decision shall be made by the City Council with in
thirty(30) days after the close of the hearing.
C. The City Council shall determine whether to suspend, or revoke a license.
Such suspension or revocation shall not be effective until fifteen(15) days
after notification of the decision to the licensee. If, within that fifteen(15)
days the license commences an action in state or federal court for the
purpose of determining whether the City acted properly, the license may
continue in business until the conclusion of the action.
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 ordinance 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 ordinance 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 supercede the provision of chapter
2B and 2C of this Title 3.
Section II. This ordinance will become effective from and after its date of publication.
Adopted this day of , 1996.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published this day of , 1996 in the Rosemount Town Pages.
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO. B-
AN ORDINANCE AMENDING THE CITY
ZONING CODE ORDINANCE B
Section I. Rosemount City Zoning Ordinance B Section 3.2 is amended by adding the following
definition:
OVERLAY DISTRICT: An area within a zoning district that has an additional set of
restrictions governing permitted uses with the intent of preserving
natural amenities or resources; or, an area within a district or sub
district that permits a use or uses, based upon meeting specified
criteria, which may not be allowed or permitted elsewhere in the
district because of the absence of said criteria.
Section II. Rosemount City Zoning Code Section 6.15 B is amended by adding new paragraph 8
as follows:
Paragraph 8. Adult uses as defined and regulated in Rosemount City Zoning Ordinance B,
Section 9.4 and Rosemount City Code Chapter 3-8.
Section III. Rosemount City Zoning Ordinance B is amended by adding Section 9.4 as follows:
9.4: Findings and Purpose:
1. Studies conducted by the American Planning Association, the Minnesota
Attorney Generals Office and the governments of St. Paul, Minnesota;Phoenix, Arizona;
Los Angeles, California; Rochester, Minnesota; Olmstead County, Minnesota;
Indianapolis, Indiana; and Seattle, Washington 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. 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 ordinance.
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.
2. Definitions: For the purpose of Section 9.4, phrase and words shall have the meaning
given them in Rosemount City Code Section 3-8-2.
3. Adult use establishments as defined and regulated in Rosemount City Code Chapter
3-8 are permitted in an overlay district which is established in the General-Industrial(I-G)
zone east of Akron Avenue in the City of Rosemount. Adult uses will conform to the
General-Industrial (I-G) 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 (500) feet of a residential structure, or within one
thousand (1000) feet from the property line of a park, the property line of a school, the
property line of a church, the property line of a library, the property line of a commercial
day care center, the property line of a cemetery, or within one thousand (1000) feet of
another adult use establishment.
Section IV. This ordinance will become effective from and after its date of publication.
Adopted this day of , 1996.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published this day of , 1996 in the Rosemount Town Pages.
MEMORANDUM
TO: Mayor and City Council of Rosemount
FROM: Dean R. Lotter, Intern
DATE: 04/15/96
RE: Adult Use License Fees/Examples of Surrounding Communities
One of the four major pieces of language in the Adult Use Ordinance is in regards to licensing of
such establishments and the fees associated with the license. I called several communities in the
surrounding area to provide examples of license fees for adult uses.
CITY OF APPLE VALLEY FEE: Currently under a moratorium; no fee established.
CITY OF EAGANFEE: Currently under a moratorium; no fee established.
CITY OF MOUNDS VIEW FEE: Currenly working on ordinance; no fee established.
CITY OF LAKEVILLE FEE$300.00
CITY OF INVER GROVE HEIGHTS FEE: $1,050.00
CITY OF RICHFIELD FEE: $1,500.00
CITY OF ROCHESTER FEE: $3,600.00
CITY OF COTTAGE GROVE FEE: $5,000.00
CITY OF WOODBURYFEE: $5,000.00
CITY OF BURNSVILLE FEE: $5,200.00 (liquor store)to $10,000.00 (pawn broker)
The license fee will be established by the City Council on an annual basis through resolution. A
resolution is attached to this packet with the fee established at$5,000.00.
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
•
RESOLUTION NO.
A RESOLUTION ESTABLISHING THE LICENSE FEE
FOR ADULT USE ESTABLISHMENTS
WHEREAS,the City Council of Rosemount wishes to regulate the negative secondary effects
that are caused by adult use establishments, and
WHEREAS,the City Council establishes a license fee for adult uses on an annual basis.
NOW THEREFORE BE IT RESOLVED,that the City Council of Rosemount hereby
establishes the license fee for adult uses to be $3,000.00.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
4
i
City of Rosemount
Adult Use Establishment
License Application
Date Received:
If The Applicant Is An Individual
Name:
Home Address:
Phone:
Birthdate:
If The Applicant Is A Partnership Provide The Information On Each General And Limited
Partner
Name:
Address:
Phone:
Birthdate:
If The Applicant Is A Corporation Provide The Information For Everyone Holding More
Than Five Percent Of The Issued and Outstanding Stock
Name:
Address:
Phone:
Birthdates:
Information on Manager/Operator If Different From Owners
Name:
Home Address:
Phone:
Birthdate:
Address and Legal Description of the Premises Where Adult Establishment is to be Located
Please detail any gross misdemeanor and felony convictions relating to sex offenses,
obscenity or the operation of adult establishments/businesses 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 on other communities. In the case of a
corporation, a statement detailing any felony convictions by the owners of more than five
percent of the issued and outstanding stock of the corporation and whether or not those
owners have ever applied for or held a license to operate a similar type of business in other
communities.
Please describe the activities and types of businesses to be conducted.
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Please list the hours of operation of the business.
Please describe the provisions made to restrict access by minors.
Has the applicant ever been denied a license of this type by any other government unit? If
yes please tell what government unit it was and the circumstances.
Please provide the names, addresses and phone numbers of three residents of Dakota,
Hennepin, Ramsey, Anoka, Washington, Scott or Carver Counties who are of good morale
character and who are not related to the applicant and not holding any ownership in the
premises or business,who may by referred to as to the applicants and\or managers
character.
Are all real estate and personal property taxes that are due and payable for the premises to
be licensed paid? If they are not paid,the years and amounts that are unpaid.
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A building plan for the premises detailing all internal operations and activities must be
submitted with this application.
Please read the following statement carefully. By signing below you agree to and are bound by
each item.
I have received from the City of Rosemount an ordinance for an adult use establishment
and have familiarized myself with its provisions.
The information I have provided on this application is truthful. I authorize the City of
Rosemount to investigate the information and contact persons named in this application.
Signature of Applicant:
Date:
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