HomeMy WebLinkAbout1993-016 Council OrdinancesCouncil Member
Neal
and moved its adoption:
introduced the following Ordinance
CITY OF LINO LAKES
ORDINANCE NO. 93-16
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 600
(BUSINESS AND ACTIVITY LICENSING) BY ADDING PROVISIONS ADDRESSING
ADULT USES.
THE CITY COUNCIL OF THE CITY OF LINO LAKES ORDAINS:
}flection 1. Section 600 of the Lino Lakes City Code is hereby
amended by adding the following:
613. ADULT USES
613.01: PURPOSE AND INTENT.
(1) It is the purpose of this Section to regulate adult use
sexually -oriented businesses to promote the health, safety,
morals, and general welfare of the citizens of the City, to
guard against the inception and transmission of disease, and
to establish reasonable and uniform regulations. The
provisions of this Section have neither the purpose nor effect
of imposing a limitation or restriction on the content of any
communicative materials, including sexually -oriented
materials. Similarly, it is not the intent nor effect of this
Section to restrict or deny access by adults to sexually -
oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually -
oriented entertainment to their intended market.
(2) The City Council further finds that experience from other
cities demonstrates that adult use businesses conducted in
private by members of the same or the opposite sex, and
employing personnel with no specialized training, are
susceptible to operation in a manner contravening, subverting
or endangering the health, safety and welfare of members of
the community by being the sites of acts of prostitution,
illicit sex, and occasions of violent crimes, thus requiring
close inspection, licensing, and regulation.
613.02: DEFINITIONS. The following words, terms and phrases,
when used in this Section, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a
different meaning:
(1) 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 sexually
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.
(Also see applicable sections of the City Zoning Code for
further requirements defining adult use -accessory.)
(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
building uses for the barter, rental or sale of
items consisting of printed matter, pictures,
slides, records, audio tape, videotape, compact
discs, computer software, digital recordings,
motion picture film, or other communication mediums
if such building or portion of a building is not
open to the public generally but only to one or
more classes of the public extending any minor by
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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 sexually
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 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 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 of 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".
(2) CITY ADMINISTRATOR: The City Administrator of the City of
Lino Lakes.
(3) LICENSEE: A person in whose name a license to operate an
adult use business has been issued, as well as the individual
listed as an applicant on the application for a license.
(4) PERSON: An individual, proprietorship, partnership,
corporation, association, or other legal entity.
(5) SUBSTANTIAL ENLARGEMENT: Substantial enlargement of an adult
use business means the increase in floor area occupied by the
business by more than twenty-five (25) percent, as the floor
area existed on the effective date of this Ordinance.
(6) TRANSFER OF OWNERSHIP OR CONTROL: Transfer of ownership or
control of an adult use business means and includes any of the
following:
(a) The sale, lease, or sub -lease of the business;
(b) The transfer of securities which constitute a controlling
interest in the business, whether by sale, exchange, or
similar means; or
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(c) The establishment of a trust, gift, or other similar
legal device which transfers the ownership or control of
the business, except for transfer by bequest or other
operation of law upon the death of the person possessing
the ownership or control.
613.03: CLASSIFICATION. The following uses are classified as
adult uses:
(1) Adult uses -accessory.
(a) Comprise no more than ten (10) percent of the floor area
of the establishment in which it is located.
(b) Comprise no more than twenty (20) percent of the gross
receipts of the entire business operation.
(c) Not involved or include any activity except the sale or
rental of merchandise.
(2) Adult uses -principal.
(a) Body Painting Studio.
(b) Bookstore.
(c) Cabaret.
(d) Companionship Establishment.
(e) Conversation/Rap Parlor.
(f) Health/Sport Club.
(g) Hotel or Motel.
(h) Massage Parlor, Health Club.
(i) Mini -Motion Picture Theater.
(j) Modeling Studio.
(k) Motion Picture Arcade.
(1) Motion Picture Theater.
(m) Novelty Business.
(n) Sauna.
(o) Steam Room/Bathhouse Facility.
613.04: LICENSES.
(1) Required and Exempt:
(a) No person, firm, or corporation shall operate an adult
use -principal without having first secured a license as
herein provided.
(b) Adult uses -accessory shall not require a license pursuant
to this section.
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(2) An application for a license must be made on a form provided
by the City. The application must be accompanied by a sketch
or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally
prepared but must be drawn to a designated scale or drawn with
market dimensions of the interior of the premises to an
accuracy of plus or minus six (6) inches. Applicants who must
comply with Subdivision 613.17 of this Section shall submit a
diagram meeting the requirements of that subdivision.
(3) The applicant must be qualified according to the provisions of
this Section and the premises must be inspected and found to
be in compliance with the law by the Fire Department and
Building Official.
(4) If a person who wishes to operate an adult use business is an
individual, the individual must sign the application for a
license as applicant. If a person who wishes to operate an
adult use business is other than an individual, each
individual who has a ten (10) percent or greater interest in
the business must sign the application for a license as
applicant. Each applicant must be qualified under Subdivision
613.05 and each applicant shall be considered a licensee if a
license is granted.
613.05: ISSUANCE OF LICENSE.
(1) The City Administrator shall approve the issuance of a license
to an applicant within thirty (30) days after receipt of an
application unless the Administrator finds one or more of the
following to be true:
(a) An applicant is under eighteen (18) years of age.
(b) An applicant is delinquent in his or her payment to the
City of taxes, fees, fines, or penalties assessed against
him or her or imposed upon him or her in relation to a
sexually -oriented business.
(c) An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely
answered a question or request for information on the
application form.
(d) An applicant has been convicted of a violation of a
provision of this Section within two (2) years
immediately preceding the application. The fact that a
conviction is being appealed shall have no effect.
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(e) An applicant is residing with a person who has been
denied a license by the City to operate an adult use
business within the preceding twelve (12) months, or
residing with a person whose license to operate an adult
use business has been revoked within the preceding twelve
(12) months.
(f) The premises to be used for the adult use business have
not been approved by the Fire Department and the Building
Official as being in compliance with applicable laws and
ordinances.
(g) The license fee required by this Section has not been
paid.
(h) An applicant has been employed in an adult use sexually -
oriented business in a managerial capacity within the
preceding twelve (12) months and has demonstrated that he
or she is unable to operate or manage an adult use
business premises in a peaceful and law-abiding manner,
thus necessitating action by law enforcement officers.
(i) An applicant or the proposed established is in violation
of or is not in compliance with the City Code.
(j) An applicant or an applicant's spouse has been convicted
of a crime:
1. Involving any of the following offenses:
a. Prostitution as described in Minnesota
Statutes 609.321;
b. Solicitation, inducement of promotion of
prostitution as described in Minnesota
Statutes 609.322;
c. Receiving profit derived from prostitution as
described in Minnesota Statutes 609.323;
d. Other prohibited acts relating to prostitution
as described in Minnesota Statutes 609.324;
e. Obscenity as described in Minnesota Statutes
617.241;
f. Sale, dissemination, distribution, display or
exhibition of harmful material to minors as
described in Minnesota Statutes 617.293 and
617.294;
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g Sexual performance by a child as described in
Minnesota Statutes 617.246;
h. Dissemination or possession of child
pornography as described in Minnesota Statutes
617.247;
i. Indecent exposure as described in Minnesota
Statutes 617.23;
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Criminal sexual conduct as described in
Minnesota Statutes 609.342, 609.343, 609.344,
and 609.345;
k. Incest, as described in Minnesota Statutes
609.365, or
1. Criminal attempt, conspiracy, or solicitation
to commit any of the foregoing offenses;
2. For which:
a. Less than two (2) years have elapsed since the
date of conviction or the date of release from
confinement imposed for the conviction,
whichever is the later date, if the conviction
is of a misdemeanor offense;
b. Less than five (5) years have elapsed since
the date of conviction or the date of release
from confinement for the conviction, whichever
is the later date, if the conviction is of a
felony offense; or
c. Less than five (5) years have elapsed since
the date of the last conviction or the date of
release from confinement for the last
conviction, whichever is the later date, if
the convictions are of two (2) or more
misdemeanor offenses or combination of
misdemeanor offenses occurring within any
twenty-four (24) month period.
(k) The fact that a conviction is being appealed shall have
no effect on the disqualification of the applicant or
applicant's spouse.
(1) An applicant who has been convicted or whose spouse has
been convicted of an offense listed in Section
613.05. (1) . (J) . (1) may qualify for an adult use business
license only when the time period required by Section
613.05. (1) . (J) . (2) has elapsed.
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(m) The license, if granted, shall state the name of the
person or persons to whom it is granted, the expiration
date, and the address of the adult use business. The
license shall be posted in a conspicuous place at or near
the entrance to the adult use sexually -oriented business
so that it may be easily read at any time.
613.06: LICENSE FEES; LICENSE INVESTIGATION FEES. The annual fee
for an adult use business license shall be set by resolution of the
City Council. The investigation fee for the purpose of issuing a
license shall be set by resolution of the City Council. In the
event that the license is denied upon application, the license fee
shall be refunded; however, no part of the license investigation
fee shall be returned to the applicant. No part of the annual
license fee shall be refunded if the license is suspended or
revoked.
613.07: INSPECTION.
(1) An applicant or licensee shall permit representatives of the
Police Department, Fire Department, and Building Inspection
Division to inspect the premises of an adult use business for
the purpose of insuring compliance with the law, at any time
it is occupied or open for business.
(2) A person who operates an adult use business or their agent or
employee commits an offense if the person refuses to permit a
lawful inspection of the premises by a representative of the
Police Department at any time it is occupied or open for
business.
(3) The provisions of this Section do not apply to areas of an
adult motel which are currently being rented by a customer for
use as a permanent or temporary habitation.
613.08: EXPIRATION OF LICENSE.
(1) Each renewal license shall be issued for a maximum period of
one (1) year. All licenses expire on December 31 of each
year. Each license may be renewed only by making application
as provided in Section 613.04. Application for renewal shall
be made at least ninety (90) days before the expiration date.
If the City Administrator determines good and sufficient cause
is shown by the applicant for failure to file a timely renewal
application, the City Administrator may, if other provisions
of the Section are complied with, grant the application.
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(2) When the City Administrator denies renewal of a license, the
applicant shall not be issued a license for one (1) year from
the date of denial. If, subsequent to denial, the City
Administrator finds that the basis for denial of the renewal
license has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed
since the date denial became final.
613.09: SUSPENSION. The City Administrator may suspend a license
for a period not to exceed thirty (30) days following written
notice and an opportunity to be heard if the Administrator
determines that a licensee or an employee of a licens)has:
(1) Violated or is not in compliance with this Ordinance;
(2) Engaged in excessive use of alcoholic beverages while On the
adult use sexually -oriented business premises;
(3) Refused to allow an inspection of the adult use business
premises as authorized by this section;
(4) Knowingly permitted unlawful gambling by any person on the
adult use business premises;
(5) Demonstrated inability to operate or manage an adult use
business in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers.
613.10: REVOCATION.
(1) The City Administrator may revoke a license preceded by
written notice and an opportunity to be heard if a cause of
suspension in Section 613.09 occurs and the license has been
suspended within the preceding twelve (12) months.
(2) The City Administrator may revoke a license if the City
Administrator determines that:
(a) A licensee gave false or misleading information to the
City during the application process;
(b) A licensee or an employee has knowingly allowed
possession, use, or sale of controlled substances on the
premises;
(c) A licensee or an employee has knowingly allowed
prostitution on the premises;
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(d) A licensee or an employee knowingly operated the adult
use business during a period of time when the licensee's
license was suspended.
(e) A licensee has been convicted of an offense listed in
Section 613.05. (1) . (J) . (1) for which the time period
required in Section 613.05.(1).(J).(2) has not elapsed;
(f) On two (2) or more occasions within a twelve (12) months
period, a person or persons committed an offense
occurring in or on the licensed premises of a crime
listed in Section 613.05.(1).(J).(1), for which a
conviction has been obtained, and the person or persons
were employees of the adult use business at the time the
offenses were committed;
(g) A licensee or an employee has knowingly allowed any act
of sexual intercourse, sodomy, oral copulation,
masturbation, or sexual contact to occur in or on the
licensed premises. The term "sexual contact" shall have
the meaning as it is defined in Minnesota Statutes
609.341, Subd. 11(b); or
(h) A licensee is delinquent in payment to the City for ad
valorem taxes, local lodging tax, or other taxes or fees
related to the adult use sexually -oriented business.
(3) The fact that a conviction is being appealed shall have no
effect on the revocation of the license.
(4) Subsection 613.10.(2).(g). does not apply to adult motels as
a ground for revoking the license unless the licensee or
employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to
occur in a public place or within public view.
(5) When the City Administrator revokes a license, the revocation
shall continue for one (1) year and the licensee shall not be
issued an adult use business license for one (1) year from the
date revocation became effective. If, subsequent to
revocation, the City Administrator finds that the basis for
the revocation has been corrected or abated, the applicant may
be granted a license if at least ninety (90) days have elapsed
since the date the revocation became effective. If the
license was revoked under Subsection 613.10.(2).(g), an
applicant may not be granted another license until the
appropriate number of years required under Section
613.05. (1) . (J) . (2) . have elapsed.
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613.11: APPEAL.
(1) If the City Administrator denies the issuance of a license, or
suspends, or revokes a license, the Administrator shall send
to the applicant, or licensee, by certified mail, return
receipt requested, written notice of the action, and the right
to an appeal. The aggrieved party may appeal the decision of
the City Administrator within ten (10) days of receiving
notice of the City's action. The filing of an appeal stays
the action of the City Administrator in suspending or revoking
a license until the City Council makes a final decision.
(2) PROCEDURE: The City Council may appoint a committee of the
Council or an independent hearing officer to hear the matter,
report findings of fact, and a recommendation for disposition
to the Council. Hearings on the appeal shall be open to the
public and the licensee or applicant shall have the right to
appear and be represented by legal counsel and to offer
evidence in its behalf. At the conclusion of the hearing, the
City Council shall make a final decision.
(3) ADDITIONAL REQUIREMENTS: The City Council may condition
denial, suspension, revocation, or non -renewal of a license
upon appropriate terms and conditions.
613.12: TRANSFER OF LICENSE. A licensee shall not transfer his
or her license to another, nor shall a licensee operate an adult
use business under the authority of a license at any place other
than the address designated in the application.
613.13: ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(1) An escort agency shall not employ any person under the age of
eighteen (18) years.
(2) A person commits an offense if he or she acts as an escort or
agrees to act as an escort for any person under the age of
eighteen (18) years.
613.14: ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(1) A nude model studio shall not employ any person under the age
of eighteen (18) years.
(2) A person commits an offense if he or she appears in a state of
nudity or knowingly allows another to appear in a state of
nudity in an area of a nude model studio premises which can be
viewed from the public right-of-way.
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613.15: ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT
MOTION PICTURE THEATERS.
(1) A person commits an offense if he or she knowingly allows a
person under the age of eighteen (18) years to appear in a
state of nudity in or on the premises of an adult theater or
adult motion picture theater.
(2) It is a defense to prosecution under Subsection 613.15.(1) of
this Section if the person under eighteen (18) years was in a
rest room not open to public view or persons of the opposite
sex.
613.16: ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(1) Evidence that a sleeping room in a hotel, motel, or similar
commercial establishment has been rented and vacated two or
more times in a period of time that is less than ten (10) h
ours creates a rebuttable presumption that the establishment
is an adult motel as that term is defined in this Ordinance.
(2) A person commits an offense if, as the person on control of a
sleeping room in a hotel, motel, or similar commercial
establishment that does not have an adult use business
license, he or she rents or sub -rents a sleeping room to a
person and, within ten (10) hours from the time the room is
rented, he or she rents or sub -rents the same sleeping room
again.
(3) For purposes of Subsection 613.16.(2) of this Section, the
terms "rent" or "sub -rent" mean the act of permitting a room
to be occupied for any form of consideration.
613.17: REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT
FILMS OR VIDEOS.
(1) A person who operates or causes to be operated an adult use
business, other than an adult motel, which exhibits on the
premises in a viewing room of less than one hundred fifty
(150) square feet of floor space, a film, video cassette, or
other video reproduction which depicts specified sexual
activities or specified anatomical areas, shall comply with
the following requirements:
(a) Upon application for an adult use business license, the
applicant shall be accompanied by a diagram of the
premises showing a plan thereof specifying the location
of one or more manager's stations and the location of all
overhead lighting fixtures and designating any portion of
the premises in which patrons will not be permitted. A
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manager's station shall not exceed thirty-two (32) square
feet of floor area. The diagram shall also designate the
place at which the permit will be conspicuously posted,
bf granted. A professionally prepared diagram in the
nature of an engineer's or architect's blueprint shall
not be required; however, each diagram should be oriented
to the north or to some designated street or object and
should be drawn to a designated scale or with marked
dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises
to an accuracy of plus or minus six (6) inches. The City
Administrator may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration
of the premises has not been altered since it was
prepared.
(b) The application shall be sworn to be true and correct by
the applicant.
(c) No alteration in the configuration or location of a
manager's station may be made without the prior approval
of the City Administrator or his or her designee.
(d) It is the duty of the owners and operator of the premises
to ensure that at least one (1) employee is on duty and
situated in each manager's station at all times that any
patron is present inside the premises.
(e) The interior of the premises shall be configured in such
a manner that there is an unobstructed view from a
manager's station of every area of the premises to which
any patron is permitted access for any purpose excluding
rest rooms. Rest rooms may not contain video
reproduction equipment. If the premises has two (2) or
more manager's stations designated, then the interior of
the premises shall be configured in such a manner that
there is an unobstructed view of each area of the
premises to which any patron is permitted access for any
purpose from at least one (1) of the manager's stations.
The view required in this sub -section must be by direct
line of sight from the manager's station.
(f) It shall be the duty of the owners and operator, and it
shall also be the duty of any agents and employees
present in the premises to ensure that the view area
specified in Sub -section (e) remains unobstructed by any
doors, walls, merchandise, display racks or other
materials at all times that any patron is present in the
premises and to ensure that no patron is permitted access
to any area of the premises which has been designated as
an area in which patrons will not be permitted in the
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application filed pursuant to Sub -section (a) of this
Section.
(g) The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every
place to which patrons are permitted access at an
illumination of not less than one (1) foot candle as
measured at the floor level.
(h) It shall be the duty of the owners and operators and it
shall also be the duty of any agents and employees
present in the premises to ensure that the illumination
described above, is maintained at all times that any
patron is present in the premises.
(2) A person having a duty under Sub -sections (a) through (h) of
Sub -section (1) above commits an offense if the person
knowingly fails to fulfill that duty.
613.18: ENFORCEMENT.
(1) Any person violating a provision of this Section, upon
conviction, is punishable by a fine not to exceed seven
hundred dollars ($700.00) and ninety (90) days in jail.
(2) It is a defense to prosecution under this Section that a
person appearing in a state of nudity did so in a modeling
class operated:
(a) By a proprietary school licensed by the State of
Minnesota; a college, junior college, or university
supported entirely or partly by taxation;
(b) By a private college or university which maintains and
operates educational programs in which credits are
transferable to a college, junior college, or university
supported entirely or partly by taxation; or
(c) In a structure:
1. Which has no sign visible from the exterior of the
structure and no other advertising that indicates a
nude person is available for viewing; and
2. Where in order to participate in a class, a student
must enroll at least three (3) days in advance of
the class; and
3. Where no more than one (1) nude model is on the
premises at any one time.
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613.19: INJUNCTION. A person who operates or causes to be
operated an adult use business without a valid license or in
violation of this Section is subject to a suit for injunction as
well as prosecution for criminal violations.
Section 2. Effective Date. This Ordinance shall take effect
upon its passage and publication according to the City Charter.
PASSED AND ADOPTED by the Lino Lakes City Council this
October , 1993.
CITY OF LINO LAKES
llth day of
Vernon F. Reinert, Mayor
ATTEST:
a it G. An erson, City Clerk
Motion for the adoption of the foregoing ordinance was duly seconded by
Council Member Kuether and upon vote being taken thereon, the following
voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert.
The following voted against same: noe.
Whereupon said ordinance was declared duly passed and adopted.
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