HomeMy WebLinkAbout1993-015 Council OrdinancesCouncil Member Kuether introduced the following Ordinance
and moved its adoption:
CITY OF LINO LAKES
ORDINANCE NO. 93-15
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE APPENDIX Bj(ZONING
CODE) BY MAKING PROVISIONS FOR THE OPPORTUNITY AS WELL AS THE
CONTROL OF ADULT USE ACTIVITIES.
THE CITY COUNCIL OF THE CITY OF LINO LAKES ORDAINS:
Section 1. Section 3, Subdivision 2 (Definitions) of the
Zoning Code is hereby amended by adding the following:
(4A) ADULT USE RELATED TERMS
(A) ADULT USES: Adult uses include adult bookstores, adult motion
picture theaters, adult mini -motion picture theaters, adult
massage parlors, adult steam room/bathhouse/sauna facilities,
adult companionship establishments, adult rap/conversation
parlors, adult health/sport clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult
modeling studios, adult hotels/motels, adult body painting
studios, and other premises, enterprises, establishments,
businesses or places open to some or all members of the
public, at or in which there is an emphasis on the
presentation, display, depiction or description of "specified
sexual activities" or "specified anatomical areas" which are
capable of being seen by members of the public. Activities
classified as obscene as defined by Minnesota Statutes 617.241
are not included.
(1) Specified Anatomical Areas:
(a) Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female
breast(s) below a point immediately above the top
of the areola; and
(b) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
(2) Specified Sexual Activities:
(a) Actual or simulated sexual 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:
relationship, and any of the following: sexually -
oriented acts or conduct: anilingus, buggery,
coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
(b) Clearly depicted human genitals in the state of
sexual stimulation, arousal or tumescence; or
(c) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
(d) Fondling or touching of nude human genitals, pubic
region, buttocks, or female breast; 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, torture,
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.
(B) ADULT USE - ACCESSORY. The offering of retail goods for sale
which are classified as adult uses on a limited scale and
which are incidental to the primary activity and goods and/or
services offered by the establishment. Examples of such items
include the sale of adult magazines, the sale and/or rental of
adult motion pictures, the sale of adult novelties, and the
like.
(C) ADULT USES - PRINCIPAL: The offering of goods and/or services
which are classified as adult uses as a primary or sole
activity of a business or establishment and include but are
not limited to the following:
(1) Adult Use - Body Painting Studio. An establishment or
business which provides the service of applying paint or
other substance, whether transparent or non -transparent,
to or on the body of a patron when such body is wholly or
partially nude in terms of "specified anatomical areas".
(2) Adult Use Bookstore. A building or portion of a
,,,uses es :• for the barter, rental or sale of items
consisting -of printed matter, pictures, slides, records,
audio tape, videotape, compact discs, computer software,
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digital recordings, motion picture film, or other
communication mediums if such building or portion of a
building is not open to the public gene but only to
one or more classes of the public extending any minor by
reason of age or if a substantial or significant portion
of such items are distinguished or characterized by an
emphasis on the depiction or description of "specified
sexual activities" or "specified anatomical areas".
(3) Adult Use - Cabaret. A building or portion of a building
used for providing dancing or other live entertainment,
if such building or portion of a building excludes minors
by virtue of age or if such dancing or other live
entertainment is distinguished or characterized by an
emphasis on the presentation, display, depiction or
description of "specified sexual activities" or
"specified anatomical areas".
(4) Adult Use - Companionship Establishment. A companionship
establishment which excludes minors by reason of age, or
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 or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas".
(5) Adult Use - Conversation/Rap Parlor. A conversation/rap
parlor which excludes minors by reason of age, or which
provides the service of engaging in or listening to
conversation, talk, or discussion, if such service is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas".
(6) Adult Use - Health/Sport Club. A health/sport club which
excludes minors by reason of age, or if such club is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas".
(7) Adult Use - Hotel or Motel. Adult hotel or motel means
a hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented
which is distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas".
(8) Adult Use - Massage Parlor, Health Club. 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 or characterized by an emphasis
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on "specified sexual activities" or "specified anatomical
areas".
(9) Adult Use - Mini -Motion Picture Theater. A building or
portion of a building with a capacity for less than 50
persons used for presenting material if such building or
portion of a building as a prevailing practice excludes
minors by virtue of age, or if such material is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
(10) Adult Use - Modeling Studio. An establishment whose
major business is the provision, to customers, of 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,
sculptured, photographed, or otherwise depicted by such
customers.
(11) Adult Use - Motion Picture Arcade. Any place to which
the public is permitted or invited wherein coin or slug -
operated or electronically, electrically or mechanically
controlled or operated still or motor picture machines,
projectors or other image -producing devices are
maintained to show images to five or fewer persons per
machine at any one time, and where the images so
displayed are distinguished or characterized by an
emphasis on depicting or describing "specified sexual
activities" or "specified anatomical areas".
(12) Adult Use - Motion Picture Theater. A building or
portion of a building with a capacity of 50 or more
persons used for presenting material if such building or
portion of a building as a prevailing practice excludes
minors by virtue of age or if such material is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
(13) Adult Use - 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 Use - Sauna. A sauna which excludes minors by
reason of age, or 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
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the sauna is distinguished of characterized by an
emphasis on "specified sexual activities" or "specified
anatomical areas".
(15) Adult Use - 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, relaxing or reducing agent if such
building or portion of a building restricts minors by
reason of age (q"if the service provided by the steam
room/bathhouse facility is distinguished or characterized
by an emphasis on "specified sexual activities" or
"specified anatomical areas".
Section 2. Section 4 (General Provisions) of the Zoning Code
is hereby amended by adding the following:
Subd. 36 Adult Uses
(1) General. Adult uses as defined in this Ordinance shall be
subject to the following general provisions:
(A) Activities classified as obscene as defined by Minnesota
Statute 617.241 are not permitted and are prohibited.
(B) Adult uses, either principal or accessory, shall be
prohibited from locating in any building which is also
utilized for residential purposes.
(C) Adult uses, either principal or accessory, shall be
prohibited from locating in any building which is also
used to dispense or consume alcoholic beverages.
(D) An adult use which does not qualify as an accessory use
shall be classified as an adult use -principal.
(2) Adult Uses - Principal:
(A) Adult use -principal shall be located at least three
hundred (300) radial feet, as measured in a straight line
from the closest point of the property line of the
building upon which the adult use -principal is located to
the property line of:
(i) Residentially zoned property
(ii) A licensed day care center
(iii)A, public or private educational facility classified
as a pre-school, elementary, junior high or senior
high
(iv) A public library
(v) A public park
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(vi) Another adult use - principal
(vii)An on -sale liquor establishment
(B) Adult use -principal activities, as defined by this
Ordinance, shall be classified as one use. No two adult
uses -principal shall be located in the same building or
upon the same property and each use shall be subject to
Section 4, Subd. 36.(2).(A).
(C) Adult use -principal shall, in addition to other sign
requirements established by City Code, also adhere to the
following signing regulations.
(i) Sign messages shall be generic in nature and shall
only identify the type of business which is being
conducted.
(ii) Shall not contain material classified as
advertising.
(iii)Shall comply with the requirements of size and
number for the district in which they are located.
(3) Adult Uses - Accessory:
(A) Adult use -accessory shall:
(i) Comprise no more than ten (10) percent of the floor
area of the establishment in which it is located.
(ii) Comprise no more than twenty (20) percent of the
gross receipts of the entire business operation.
(iii)Not involved or include any activity except the sale
or rental of merchandise.
(B) Adult use -accessory shall be restricted from and prohibit
access to minors by the physical separation of such items
from areas of general public access:
(i) Movie Rentals. Display areas shall be restricted
from general view and shall be located within a
separate room, the access of which is in clear view
and under the control of the persons responsible
for the operation or shall be in catalogs under the
direct control and distribution of the operator.
(ii) Magazines. Publications classified or qualifying
as adult uses shall not be physically accessible to
minors and shall be covered with a wrapper or other
means to prevent display of any material other than
the publication title.
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(iii)Other Use. Adult uses -accessory not specifically
cited shall comply with the intent of this section
subject to the approval of the Zoning
Administrator.
(C) Adult use -accessory shall be prohibited from both
internal and external advertising and signing of adult
materials and products.
(D) Adult use -accessory activities shall be prohibited at any
public show, movie, caravan, circus, carnival, theatrical
or other performance or exhibition presented to the
general public where minors are admitted.
Section 3. Section 6 (District Provisions), Subd. 12.(6) of
the Zoning Code is hereby amended by adding the following:
G. Adult uses -accessory.
Section 4. Section 6 (District Provisions), Subd. 13.(6) of
the Zoning Code is hereby amended by adding the following:
(I) Adult uses -accessory.
Section 5. Section 6 (District Provisions), Subd. 14.(6) of
the Zoning Code is hereby amended by adding the following:
(X) Adult uses -principal and accessory.
Section 6. Section 6 (District Provisions), Subd. 15.(7) of
the Zoning Code is hereby amended by adding the following:
(J) Adult uses -principal and accessory.
Section 7. Section 6 (District Provisions), Subd. 16.(7) of
the Zoning Code is hereby amended by adding the following:
(H) Adult uses -principal and accessory.
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Section 8. This Ordinance shall take effect upon its passage
and publication according to the City Charter.
PASSED this llth day of October , 1993.
ATTEST:
ii4ALANAr-/
Vernon F. Reinert, Mayor
G. Anderson, City Clerk
Motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor
thereof: Bergeson, Elliott, Kuethr, Neal, Reinert.
The following voted against same: none.
Whereupon said ordinance was declared duly passed and adopted.
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