HomeMy WebLinkAbout6.e. City Attorney's Report on Adult Entertainment - CITY OF ROSEMOIINT
E%ECUTIVE SUMMARY FOR ACTION
CITY COUNCIL NlEETING DATE: FEBRUARY 15, 1994
AGENDA ITEM: CITY ATTORNEY'S REPORT ON AGENDA SECTION:
ADULT ENTERTAINMENT OLD BUSINESS
pREPARED BY: SUSAN WALSH AGENDA ��n A � � E
ADMINISTRATIVE ASSISTANT IVO
ATTACHMENTS: NONE APPR D B :
City Attorney Mike Miles will present and review inforzaation regarding a
petition from residents to look at admending the City Code to regulate
adult entertainment within the city.
RECOMMLNDED ACTIONz None at this time
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AN ORt�INANCE REGULATING NUDI71(AND
SEXUAL CONDUCT 1N UCENSED ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT DOES HEREBY ORDAIN:
SECTION 1 . NUDITY AND SEXUAL CONDUCT IN LICENSED
ESTABLISHMENTS.
1 . License. License means any intoxicating liquor and
nonintoxicating malt liquor license issued by the City.
2 . Licensed Premi.ses. Licensed premises means the real,
estate in the City for which a license is issued,
3 . Nudity. Nudity means the showing of the post-pubertal
human male or female genitals pubic area or buttocks with less than
a fully opaque covering or the showing of post-pubertal female
breast with less than a fully opaque covering of any portion
thereof below a point immediately above the top of the areola, or
the covered human male genitals in a discernibly turgid state. For
the purposes of this definition, the female breast is considered
, uncovered if the nipple only or the nipple and the areola are
covered.
4 . Sexual Conduct. Sexual conduct means acts or simulated
acts of masturbation, sexual intercourse, sodomy, bestiality, oral
copulation, flagellation, sado-masochistic abuse, or any touching
of the genitals, pubic areas or buttocks of the human male or
female, or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals
in an act of apparent sexual stimulation or gratification.
A. The following acts or conduct in a premises which has
been issued a license are contrary to the public welfare and,
therefore, in order to preserve order and protect the public
welfare, no license issued under this chapter shall be held at any
premises where such conduct or acts are permitted to occur.
1 . The licensee, owner, or manager of any licensed
establishment permitting or allowing any nudity to occur on the
licensed premises .
2 . The licensee, owner or manager af any licensed
establishment permitting or allowing any sexual conduct to occur in
the licensed establishment .
3 . The licensee, owner, or manager of any licensed
establishment permitting or allowing any films, still picture,
electronic reproduction, scenes, or other visual ' repercussion
depicting or showing conduct described in Subdivision 3 or 4 above
to be shown or exhibited.
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4 . The City Council may suspend or revoke or refuse to issue
a license for violation of" this section upon a finding that the
licensee has failed to comply with this section. No suspension or
revocation sha11 take effect until the licensee has been affarded
an opportunity for a hearing.
SECTION 2 . EFFECTIVE DATE.
1 . This Ordinance shall take effect and be enforced from and
after its passage and publication.