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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. • • - I 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. S • 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. 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