HomeMy WebLinkAbout6.b.Adult Establishment Ordinance ,
� CITY Of ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 5, 1995
AGENDA iTEM: Adult Establishment Ordinance AGENDA SECTION:
New Business
PREPARED BY: David J. McKnight AGENDA �1�l►11 � � p
Intern � � �V� 0
ATTACHMENTS: Staff Report, Maps, and Ordinance APPROVED BY:
In October 1994 the city council passed an adult use moratorium to give city staff time to
research and prepare the information necessary to develop an adult establishment ordinance.
City staff has been working with the city attorneys office in the development of this ordinance
and the related materiaL
The development of the ordinance actually consisted of three steps; the research and
development of the staff report, the development of maps showing the areas where this type of
use would be permitted, and the development of the actual ordinance. All three of these steps
and the material produced are included for your review.
The pertinent information will be presented to you at the first reading of the ordinance.
RECOMMENDED ACTION:
-None required at this time-
COUNCIL ACTION:
I�NTEROF.�'ICE
1��IE��10 D U1��
To: Mayor McMenomy and City Council Members
CC: Tom Burt, Charlie LaFevere
From: Da�id J. McI<night
Date: August 29, 1995
Subject: Adult Use Staff Report
Introduction
The City of Rosemount has regulated some types of businesses in the city through the
licensing procedure established in the City Code. The licensing provision deals with
such businesses as liquor establishments, saunas and massage parlors, and pawn
brolcers and pawn shops. Adult use facilities are not specifically dealt with in either
the city code or the zoning ordinance.
In recent years, other types of adult businesses have appeared in other cities and
inquires have been received about uses which may not be covered by either the
licensing provisions or the zoning ordinance. The cities of Bloomington, Richfield
and Lalceville ha�e recently completed ordinance updates on the regulation of adult
uses and the zoning ordinance of the City of Hoplcins has been challenged as unduly
restrictive by an adult use video store.
As a result, Che City Council on October 4, 1994 approved a one year moratorium on
the siting of adult establishments within any zoning district of the city and directed a
study to be conducted. During this time staff researched and gathered materials and
studies relating to this subject. This information was made available and reviewed by
all City Council members.
Background
Zoning has long been recognized as a valid method to regulate land use in cities. In
reality, there is an exclusion or segregation of uses inherent in any such zoning
ordinance. Zoning establishes districts and permits certain types of uses in each such
district. More particularly, certain types of businesses are considered to have a
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blighting influence on other properties as a result of its operations.
There is an overriding differential when considering adult �xses. The U.S. Supreme
Court has concluded that adult businesses not dealing in obscene materials are
protected by the First Amendment. Obscenity is not, however, protected and nnay be
prosecuted under state law
An adult use business is typically a business that generates revenue by featuring
material, whether boolcs, magazines, motion pictures or entertainment that features
or depicts sexual activities. Any regulation of the First Amendment guaxantees of
freedom of communication and expression will be narrowly construed.
The scope of regulation has been delineated in great part by the U.S. Supreme Court
in two cases: Youn�v American Mini Theaters, Inc. and Renton v Pla;rtime Theaters
Inc. Two other more recent Eighth Circuit cases from Minnesota axe the Holmberg v
Citv of Ramsev and ILQ Investments Incor�orated v Cit� of Rochester. Based on
the above cases, zoning regulations must be analyzed by reference to the following:
1. An adudt use cannot be regulated on the basis of the materials the,y sell or the
entertainment provided, but only on the effect that such ba�sinesses have on the
surraacnding area.
2. A macnicipality must conclude that such adult businesses create adverse secondary
effects such as neighborhood blight, diminished property values and increased
crime.
3. Municipalities need not conduct their own adverse secondary effects studies. They
can rely on studies performed by other cities, provided that the studies are
reasonably related to the problem that the city is trying to address.
4. Either dispersal or concentration regulations may be utilized, in either case, the
City must allow a reasonable opportunity area in the city for adaclt uses to locate.
Study Summaries
The City based the need for an adult use moratorium to allow for the research of this
issue using the reports done by the City of Rochester/Olmstead County Consolidated
Planning Department, the Minnesota Attorney Generals Office, the City of St. Paul
and others. These studies are summarized below
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Olmstead CountyjCity of Rochester St�cdy
The City/County Consolidated Planning Department undertoolc a study to talce a
loolc at the general issue of adult entertainment uses and to provide inforination
which might be used to assist in the determination of whether these businesses need
to be the subject of more intense regulation in the City of Rochester.
The consolidated planning department of£ered the following findings:
1. A considerable number of communities throughout the nation ha�e
studied the impacts which adult entertainment facilities have on the
areas surrounding them.
2. These studies have concluded that adult entertainment uses ha�e an
adverse impact on the surrounding neighborhoods.
3. Residential neighborhoods in proximity to adult uses suffer adverse
effects including increased crime rates, lowered property values, and
increased transiency.
4. Ualues of both commercial and residential properties are diminished
when located in proximity to adult entertainment businesses.
5. The adverse impact on comrnercial areas is increased by the presence of
more than one adult entertainment use in close proacimity to another
adult entertainment use.
6. The impact which an adult entertainment use has on the surrounding
area appears to lessen as the distance firom the adult entertainment use
increases.
7. Reasonable "time, place and manner" restrictions which address.the
secondary impacts of adult entertainment uses are constitutionally
permissible.
8. Any proposed regulation must be essentially "content neutral." The First
Amendment prohibits regulations which attempt to regulate written or
other materials or acts on the basis of their content.
9. Pornographic materials are exempt from the protection of the First
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Amendment and can be regulated through existing or pending criminal
laws.
10. Adult entertainznent regulations must be tailored to the specific needs of
each community as determined through specific findings of actual or
potential impacts affecting the public health, safety, or general welfare.
11. Existing local regulation of adult entertainment uses axe limited in their
scope, are generally incidental to other regulatory provisions, and ha�e
never been addressed as part of a comprehensive community plan to
regulate such uses.
As well as these conclusions:
* The concerns which prompted public concern zn this city are similar to
the concerns which motivated the communities of Indianapolis, Indiana;
St. Paul, Minnesota; Phoenix, Arizona; Minneapolis, MN; Rochester,
MN; Los Angeles, CA and Seattle, Washington to undertalce their
studies of adult entertainment uses. Consequently, the results of those
studies are relevant to the existing or foreseeable impacts which such
uses can have on the areas surrounding them in this city.
* The concentration of adult entertainment uses in commercial areas or
the location of adult entertainment uses ir� close proximity to residential
uses, churches, paxlcs and schools will result in devaluation of property
values and decreases in commercial business sales, thereby reducing t�
revenues to the City and adversely impacting the econoznic well-being of
the citizens of this City.
* Location of adult entertainment uses in proximity to residential uses,
churches, parlcs, schools, bars, and other adult entertainment uses very
lilcely would lead to increased levels of crimirial activities, including
prostitution, rape, assaults, and other sex-related crimes in the vicinity
of such adult entertainment uses.
St. Paul (1978)
In 1978 the City of St. Paul conducted a study to determine the effects of adult
entertainment businesses on neighborhood properties located nearby. The report
utilized census informatiori, residential property values and crime statistics bettiveen
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the years of 1970 and 1976. Even though the study was statistical in nature,
correlations did provide circumstantial evidence of the relationship between adult
entertainment and neighborhood deterioration. The study concluded:
1. The location of adult entertainment establishments correlates
significantly (statistically spealcing) with neighborhood deterioration.
2. Adult entertainment establishments tend to locate in somewhat
deteriorated areas.
3. Additional relative deterioration of an area follows location of an adult
entertainment business in the area.
4. Crime rates relate to establishment of adult entertainment businesses in
a threshold fashion. There is a significantly higher crime rate associated
with two or more such businesses in an area that is associated with only
one adult entertainment business.
5. Housing values also relate to establishment of adult entertainment
businesses in a threshold fashion. There is significantly lower value
associated with three such businesses in an area than is associated with
one or two adult entertainment businesses.
St. Paul (1987)
In 1987 the City of St. Paul again decided to look into the adult entertainment issue.
The purpose of this most recent inquiry was to determine if present ordinances were
in need of amendment.
Although the purpose of the report was to examine and analyze different strategies
for using zoning in dealing with adult entertainment uses the report brought to light
another concern: prostitution.
The report could not prove conclusively that adult entertainment uses were directly
connected with or supportive of prostitution in the area. It did, however, point out
the fact that prostitution was occurring at an alarming rate and intensity within a
three blocic area surrounding one of St. Paul's most highly concentrated adult
entertainment areas. The report alluded to a connection:
°It is unclear to what e.Ytent clients of street prostitutes in this neighborhood
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are the same people as the patrons of the adult businesses in the neighborhood.
Appaxently, the two activities are often separate, but occur in the same
neighborhood due to its 'sex for sale' reputation.°
The report also documented that there had been an increase in crime in the area,
according to police records. The report also contains the results of a surveyof St.
Paul banlc patrons aslcing their preference for a banlc location and their perceptions of
different locations. In response to the question, ".Axe there any of these locations
where you would not feel safe conducting your banlcing business," 3b% of the
respondents said that they would feel unsafe banldng at Dale and University (the area
of St. Paul where the largest concentration of adult entertainment businesses are
loca.ted.) �
Minnesota Attorney General (1989)
In June of 1988 the Attorney General developed a taslc force to assist public officials
and private citizens in finding legal ways to reduce the impacts of sexually oriented
businesses. The group heard testimony and conducted briefings on the impacts of
sexually oriented businesses on crime and communities and the methods available to
reduce or eliminate these impacts. The research also reported on a number of prior
studies done throughout the country. Two of those that were loolced at are
summarized below:
Minneapolis
In 1980, on direction from the Minneapolis City Council, the Minneapolis Crime
Prevention Center examined the effects of sex-oriented and alcohol-oriented adult
entertainment upon property values and crime rates. This study used both simple
regression and multiple regression analysis to evaluate whether there was a casual
relationship between these businesses and neighborhood blight.
The study concluded that there was a close association between se.Yually oriented
businesses, high crime rates and low housing values in a neighborhood. When the
data was reexamined using control variables such as the mean income in the
neighbarhood to determine whether the association proved causation, it was unclear
whether seacually oriented businesses caused a decline in property values. The
Minneapolis study concluded that sexually oriented businesses concentrate in areas
which are relatively deteriorated and, at most, they may wealcly contribute to the
continued depression of property values.
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Ho�vever, the Minneapolis study found a much staronger relationship between sexually
oriented businesses and crime rate. A crime rate index was constructed including
robbery, burglary, rape and assault. The rate of crime in the areas �ear se}cually
oriented businesses was then compared to crime rates in other areas. The study drew
the following conclusions:
1. The effects of sexually oriented businesses on the crime rate index is
positive and significant regardless of which control variable is used.
2. Se�cually oriented businesses continue to be associated with higher crime
rates, even when the control variables impacts are considered
simultaneously.
According to the statistical analysis conducted in the Minneapolis study, the addition
of one sexually oriented business to a census tract area will cause an increase in the
overall crime rate index in that area by 9.15 per thousand people per year even if all
other social factors remain unchanged.
Los Angeles
A study released by the Los Angeles Police Department in 1984 supports a
relationship between sexually oriented businesses and rising crime rates. This study is
less definitive, since it was not designed to use similar areas as a contral. The study
indicated that there were 11 sexually oriented adult establishments in the Hollywood,
California area in 1969, by 1975 the number had grown to 88. During the same
time period, reported incidents of Part T crime (i.e. homicide, rape, aggravated
assault„ robbery, burglary, larceny and vehicle theft) increased 7.6 percent in the
Hollywood area while the rest of Los Angeles had a 4.2 percent increase. Part II
arrests (i.e. forgery, prostitution, narcotics, liquor law violations, and gambling)
increased 3.4 percent in the rest of Los Angeles, but 45.4 percent in the Hollywood
area.
Indianapolis (1984)
The Division of Planning in the City of Indianapolis undertoolc a dual planning study
in 1983. Six axeas containing adult businesses were compared with six compaxable
control areas relative to the factors of crime incidence. In the second part of the
study, the City collaborated with Indiana University in a national survey of real
estate appraisers to develop a "best professional opinion" as to the effect of adult
entertainment businesses on sunounding real estate values. The findings were as
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follows:
1. The average major crime rate (i.e. crimes per 10,000 population) in the
IPD(Indianapolis Police Department) District was 748.55, the control
area 886.34, and the study area 1090.51. Major crimes occurred in the
areas of the study that contained at least one adult entertainment
establishment at a rate that was 23% higher than the six similar area
studies not having such businesses and 46% higher than the police
district at laxge.
2. Although it was impossible to obtain a discrete rate £or sex-related
crimes at the police district level, it was possible to compare rates
between the control areas and the study areas. The average sex-related
crime rate in the control areas over the five year period was 26.2, while
the rate for the study areas was 46.4.
3. If the ratio of sex-related crimes was the same as that esta.blished for
major crimes between the control area and the study area, however, we
would expect a sex-related crime rate of 32.2. The actual rate of 46.4 is
77% higher than that of the control areas rather than the 23% that
would be expected and indicates the presence of abnormal influences in
the study area.
4. Close eYamination of crime statistics within the study areas indicate a
direct correlation between crime and the residential chaxacter of the
neighborhood. Crime frequencies were 56%o higher in residential areas
of the study than in its commercial axea.
5. At the same time, sex-related crimes occurred four times more firequently
within residential neighborhoods ha�ing at least one adult
entertainment business than in neighborhoods ha�ing a substantially
district related commercial malce-up having adult entertainment.
6. Although the housing base within the study area was of a distinctly
higher value than that of the control areas, its value appreciated at only
one-half the rate of the control areas and one-third the rate of Center
Township as a whole during the period 1979-1982.
7. Pressures within the study area caused the real estate marlcet within
their boundaries to perform in a manner contrary to that within the
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control areas, Center Township and the County. Tn a time when the
marlcet saw a decrease of 50% on listings, listings wzthin the study area
actually increased slightly.
8. As a result, twice as many houses were placed on the marlcet at
substantially lower prices than would be expected had the study areas
marlcet performance been typica.l for the period of time in question.
9. The great majority of appraisers (75%j who responded to a national
survey of certified real estate appraisers felt that an adult boolcstore
located within one blocic would have a negative effect on the value of
both residential (80%) and commercial (72%) properties. Fifty percent
of these respondents foresaw an immediate depreciation in excess of
10°/a
10. At a distance of three blocics, the great majority of respondents (71%)
felt that the innpact of an adult boolcstore fell off sharply so that the
impact was negligible on both residential (64%) and commercial (77%).
At the same time, it appears that the residential effect of such a use was
greater for residential than for commercial properties.
11. In answer to a survey question regaxding the impact of an adult
boolcstore on property values in general, 50% felt that there would be a
substantial to moderate negative impact, 30% saw little or no impact,
and 20% saw the effect as being dependent on factors such as the
predominant values (property and social) e:cisting in the neighborhood,
the development,standards imposed in the use, and the ability oE an
existing node to bu£fer the impact from other uses.
' Opportunities Available to Cities
There are two courses of action that a city may talce in developing an ordinance to
� deal with this situation. The first available option is deal with the uses through the
zoning ordinance. Cities can regulate adult use businesses because of the resulting
negative secondary effects pursuant to valid time, place and manner regulations.
Zoning is a place regulation that ca.n be used in this instance. As long as there are
reasonable alternative locations for said businesses, zoning provisions have been
found constitutionaL
In addition to zoning, licensing of the businesses can be used as the second option.
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The purpose of licensing is not to condone the activity or the materials within, but to
provide £or monitoring and accountability concerning the ownership and operation of
the businesses. The use of licensing is one that is set to have some control over the
operation of the business. A license cannot be denied because of the use if they meet
the standards set up in the ordinance. These are the two methods a�ailable to city's
today. The effective use of these two options can do a lot to help control the
operation of this type of businesses in Rosemount.
Conclusion
There are a number of themes that are repeated throughout the studies that are
referenced in this report. The repeated themes have to do with the adverse secondary
impacts of increased neighborhood blight, diminished property values and increased
crime due to the location of adult use facilities in the area.
The concerns which prompted public concerns in Rosemount are similax to the
concerns which motivated the communities of Indianapolis, Indiana; St. Paul, MN;
Phoenix,Arizona; Minneapolis, Minnesota; Rochester, Minnesota; Los Angeles,
California; and Seattle, Washington to undertalce their studies of adult use facilities.
Consequently, the results of those studies are relevant to the existing or foreseeable
impacts which such uses can have on the areas surrounding them in Rosemount.
The number of major studies that are cited in this report, and the number of local
cities that hav�e talcen on this very same effort indicate the importance of having an
adult use ordinance in place. This is an area of legal concern that requires that
certain steps be followed and items researched. These steps have been completed
with the following recommendations from staff.
Recomrnendations
1. The City should adopt zoning regulations which set distance requirements
between adult use businesses and other sensitive areas such as residentially
zoned areas, schools, churches, parlcs, and commercial daycare facilities.
2. The City should adopt zoning regulations which restrict adult uses to one such
adult use per building.
3. The City should provide in the zoning regulations a reasonable area for adult
uses to locate.
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4. The zoning ordinance should be changed to malce these types of adult uses
permitted in C-2, C-4, IG and BP-2 distxicts in the city.
5. The ordinance should adopt regulations limiting the hours that these types of
uses can be opened and operating.
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� ORDINANCE NO. XV.8
AN ORDINANCE REGULATING ADULT ESTABLISHMENTS
AND THEIR LOCATION WITHIN THE CITY OF ROSEMOUNT.
TI� CITY COUNCIL OF TI� CITY OF ROSEMOUNT ORDAINS:
1-1-1: Findings and Purpose
Studies conducted by the American Planning Association, the Minnesota Attorney
Generals Of�ce and the governments of St. Paul, Minnesota; Phoenix, Arizona;Los
Angeles, California;Rochester, Minnesota; Olmstead County, Minnesota;Indianapolis,
Indiana; and Seattle, Washington have studied 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 axe 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.
1-1-2: Definitions
The following words and terms when used in this ordinance shall have the
following meanings unless the context indicates otherwise.
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:
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A. 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.
B. 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 to specified sexual activities or specified anatomical
areas.
Adult Use: An adult use is any of the activities and businesses described below:
A. 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.
B. Adult Bookstore: An establishment or business used for barter, rental,
or sale of items consisting of printed matter, picture, 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
se�zal activities" or "specified anatomical areas.°
C. Adult Cabaret: A business or establishment that provides dancing or other
live entertainment to patrons if the dancing and live entertainment is
distinguished and chaxacterized by an emphasis on the presentation,
display, degiction of matter that seeks to evoke, arouse or excite the
patrons' sexual or erotic feelings or desire.
D. Adult Companionship Establishment: A business or establishment that
excludes minors by reason of age, and which provides the service of
engaging in or listening ta conversation, talk or discussion between an
employee of the establishment and a customer, if such service is
distinguished and characterized by an emphasis on "sgecified se�zal
activities" or "specified anatomical areas.°
E. 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."
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F. Adult Health/Sport Club: A health/sport club which excludes minors by
reason of age, if such club is distinguished and characterized by an
emphasize on "specified se�al activities" or "specified anatomical areas."
G. 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.°
H. Adult Massage Paxlor: A massage parlor or health club which restricts
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.°
I. 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.°
J. 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.
K. 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 dedised are maintauned 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
axeas.°
L. 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."
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M. 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 se�al stimulation.
N. Adu1t 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,
rela��ing or reducing agent, if the service provided by the sauna is
distinguished or characterized by an emphasis on "specified se�al
� activities" or "specified anatomical areas.°
O. Adult Steam RoomBathhouse 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 room/bathhouse
facility is distinguished and characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
Nude or Specified Anatomical Area
A. Less than completely and opaquely covered human genitals, pubic region,
buttock, anus, or female breast(s) below a point immediately above the
areola; and
B. Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
Speci.fied Sexual Activities
A. Actual or simulated se�xal intercourse, oral copulation, anal intercourse,
oral-anal copulation, bestiality, direct physical stimulation of 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 se�ally oriented acts or conduct: anilingus, buggery,
coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
' pedophilia, piquerism, asppism, zooerasty; or
B. Cleazly depicted human genitals in the state of se�cual stimulation, arousal
or tumescene; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
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D. Fondling or 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
A. For purposes of this section, the phrase "substantial or significant° means
that at least one-third of the portion of the floor area of the business (not
including storerooms, stock axeas, 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.°
1-1-3: Location
• Adult use establishments as defined in this ordinance are permitted uses in C-2, C-4, I-G
and BP-2 districts in the city. No adult establishment may be located within 500 feet of a
residentially zoned district, a park, a school, a church, a library, or a commercial day care
center or within 1000 feet of another adult use establishment. The measurement of this
distance is done in a direct line from the closet portion of the property line to the closest
portion of the property line of each property
1-1-4 Hours of Operation
No adult establishment as defined in this ordinance 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.
1-1-5: 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:
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A. If the applicant is an individual, the name, residence, phone number, and birthdate
of the applicant. If the applicant is a partnership, the name, residence, phone
number, and birthdate of each general and limited partner. If the applicant is a
corporation, the names, residences, phone numbers, and birthdates 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 birthdate 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 convictions 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 ta 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
6
and amounts that are unpaid.
1-1-6 License Fee
A. The annual license is set forth by city council resolution.
B. Each application for a license shall be submitted to the City Clerk and
payment made to the City. Each application for a license shall be
accompanied by payment in full of the required license fee_ Upon rejection
of any application for a license, the City shall refund the license fee.
� C. All licenses sha11 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 following instances upon
application to the City Clerk within 30 days from the happening of the
event, provided that such event occurs more than 30 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 applicatiom 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 investi�ation, said data shall be provided to the Police Cluef or the City
Clerk in writing.
7
1-1-7 Investigation Fee
A. At the time of oriDinal 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 shall be three hundred fifty dollaxs
($350.00). Provided, 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 prior to the license hearing and before the
City Council considers the application. The remainder of the deposit shall'
be returned to the applicant.
1-1-8 Granting of License
A. The City Clerk and Police Chief, or such persons as they shall
designate, shall complete their investigation within 30 days after the City
Clerk receives a complete application and all license and investigation fees.
B. If, after such investigation, it appears that the applicant and the place
proposed for the business are eligible for a license under the criteria set
forth in this section, then the license shall be issued by the City Council
within 30 days after the investigation is completed. -0therwise, 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 adul� establishment existing at the time of the adoption of
this section shall be required to obtain an annual license.
D. If the time frames set forth in this section are not met, the license
application will be deemed granted. If the license application is denied by
the city council, the applicant may, within 15 days after denial, commence
an action in state or federal court for the purpose of determining whether
the city council acted properly in denying the application. If an adult
establishment is lawfully in existence at the time of the adoption of this
section, 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.
8
1-1-9 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 offenses, obscenity offenses or adult
establishments.
D. Who is not the proprietor of the establishment for which the license is
issued.
E. Who is residing with a person who has been denied a license by the City or
any other Minnesota municipal corporation to operate an adult
establishment, or residing with a person whose license to operate an adult
establishment has been suspended or revoked within the preceding twelve
(12) months.
F. Who has not paid the license and investigation fees required by this section.
1-1-10 Places Inetigible For License
A. No license sha11 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 h�as elapsecl after such conviction or
revocation.
B. No license shall be granted for any adult establishrnent which in not in full
compliance with the City Code, the Ci�y's zoning ordinance, the Building
Code, the Fire Code, the City's health regulations; this ordinance and a11
provisions of state and federal law.
1-1-11 Conditions of License
A. Every license shall be granted subject to the following conditions and all
other provisions of this section, and of any applicable sections of the City
9
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 sha11 have the license posted in a conspicuous place at
ali 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 licensee 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.
1-1-12 Penalty
A. Any person violating any provision of this section 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 section 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, wluch hearing shall be within thirty (30)
days after the close of the hearing or within 60 days after the date of the
notice of proposed revocation or suspension, whichever is sooner.
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 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 eonclusion of the action.
1-1-13 Hinderance
Any person hindering the efforts of City officials to investigate possible violations of this
Chapter shall be guilty of a misdemeanor.
10
1-1-14 Conflict of Chapter
In any case where a provision of this ordinance 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 ordinance 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 ordinance 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.
1-1-15 Effective Date
This ordinance will become effective from and after its date of publication.
Adopted this day of , 1995
E.B. McMenamy, Mayor
ATTEST:
Susan Walsh, City Clerk
Published this day of , 1995 in the Rosemount Town
Pages
11
� .
INTEROFFICE .��IE.��10 D �1".��1
To: Mayor McMenomy and City Council
CC: Tom Burt, Charlie LaFevere
From: David J. McI�night -
Date: August 29, 1995
Subject: Adult Establishment Maps
Enclosed are the maps detailing the areas where adult establishments could possibly
locate in Rosemount. The C-2, C-4, BP-2, and IG districts were chosen as the zones
that this type of use could locate and they are indicated on the map noting initial
areas of consideration.
After applying the restrictions of the proposed ordinance, this area was reduced and
the a�vailable land is shown on the properties outside of the 500 foot buffer maps.
The amount of land that is our "goal" for available land is five percent of the total
land in the city. This number comes about from the Citv of Renton v Pla, ime
Theaters, Inc. case of 1986. The Supreme Court ruled that the amount of land that
the City of Renton made a�ailable (5%) was satisfactory. The land made a�ailable by
any ordinance of this type does not ha�e to be a�ailable for purchase or development.
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