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HomeMy WebLinkAbout1992-009 Council OrdinancesCITY OF LINO LAKES ORDINANCE NO. 09 - 92 AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT USES -PRINCIPAL AS DEFINED HEREIN WITHIN ANY ZONING DISTRICT OF THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is amended by adding a Chapter to read as follows: Section 1. Preamble. WHEREAS, the City Council has reviewed and considered the "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses", dated June 6, 1989, prepared by Hubert H. Humphrey, III, Attorney General of the State of Minnesota, the Rochester, Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated March 2, 1988, and "A 40 -Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports"; and WHEREAS, the Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses; and WHEREAS, the Attorney General's Report, based upon the above referenced studies and the testimony presented to it has con- cluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group"...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property."; and WHEREAS, the Reports conclude that Adult Uses -Principal have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; and WHEREAS, the Reports conclude that residential neighborhoods located within close proximity to adult theatres, bookstores and other Adult Uses -Principal experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; and -1- WHEREAS, the Reports conclude the adverse impacts which Adult Uses -Principal have on surrounding areas diminish as the distance from the Adult Uses -Principal increases; and WHEREAS, the Reports conclude that studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of Adult Uses -Principal are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior; and WHEREAS, the Reports conclude that the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; and WHEREAS, the Reports conclude that many members of the public perceive areas within which Adult Uses -Principal are located as less safe than other areas which do not have such uses; and WHEREAS, the Reports conclude that studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to Adult Uses -Principal; and WHEREAS, the Reports conclude that the Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store; and WHEREAS, the Lino Lakes City Council finds the suburban characteristics of Lino Lakes are similar to those of the larger cities cited by the Reports when considering the effects of Adult Uses -Principal; and WHEREAS, the Lino Lakes City Council finds, based upon the Reports and the studies cited therein, that Adult Uses -Principal will have secondary effects upon certain preexisting land uses within the City; and WHEREAS, the Lino Lakes City Council finds that proper planning for the siting of Adult Uses -Principal within the City is necessary in order to protect the City's planning process and the health, safety and welfare of the citizens; and WHEREAS, the City of Lino Lakes, as authorized by Minnesota Statutes Section 462.355, Subd. 4, is conducting studies to consider major amendments of the City comprehensive plan and to consider the adoption of amendments to official controls, including the Zoning Code, which could affect the siting of Adult Uses -Principal within the City; and WHEREAS, the Lino Lakes City Council finds that an interim ordinance placing a moratorium on the locating of Adult Uses -Principal within certain specified distances from churches, residential zoning district boundaries, schools, and youth facilities is necessary to protect the planning process and the ongoing process of the amendment of the comprehensive plan; and WHEREAS, the City Council of the City of Lino Lakes declares that an emergency exists and that it is necessary in order to preserve the public peace, health and welfare, pursuant to Section 3.06 of the Lino Lakes City Charter, that an emergency interim ordinance placing a moratorium on the location of Adult -Uses Principal within certain specified distances from churches, residential zoning district boundaries, schools, and youth facilities, is necessary and should go into effect imme- diately upon the passage of this ordinance, so that the City can conclude its studies and hearings relating to the amendment of the comprehensive plan and the adoption and amendment of official controls. Section 2. Definitions. (a) Adult Uses. Adult uses include adult book stores, adult motion picture theatres, adult mini -motion picture theatres, 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. (b) 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 used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film 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 excluding 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 enter- tainment, 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 descrip- tion of "specified sexual activities" or "specified anatomical areas". 4. Adult Use - Companionship Establishment. A companion- ship 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 distin- guished 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 conver- sation, talk, or discussion, if such service is distin- guished 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 - Massacre 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 Theatre. 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 distin- guished 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 distin- guished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". 12. Adult Use - Motion Picture Theatre. 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 agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". 15. Adult 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 or 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". (c) Specified Anatomical Areas: 1. 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 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (d) Specified Sexual Activities. 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, direct physical stimulation 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 relation- ship, and any of the following sexually -oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or 4. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or 5. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person; or 6. Erotic or lewd touching, fondling or other sexually - oriented contact with an animal by a human being; or 7. Human excretion, urination, menstruation, vaginal or anal irrigation. Section 3. Public Hearing and Study. The City Council hereby directs City staff to study the siting of Adult Uses -Principal as defined in Section 2 above and to schedule the necessary public hearings, at which time public comment will be accepted and received regarding the placement and location of Adult Uses -Principal with the City. Section 4. Location. During the term of this Ordinance, no Adult Uses -Principal shall be located less than 750 feet from the nearest property line of any land in any residential zone, or any public day care, library, park, playground or other public recreational facility in any zone, or less than 750 feet from the nearest property line of any religious institution. Section 5. Violation. The City may enforce any provision of this Ordinance by mandamus, injunction or any other appropriate civil remedy in any Court of competent jurisdiction. Section 6. Authority. This Ordinance is adopted pursuant to the authority granted to the City in Minnesota Statutes Section 462.355, Subd. 4, entitled "Interim Ordinance" and City Charter Provision Section 3.06 entitled "Emergency Ordinances." Section 7. Separability. Every section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance is declared separable from every other section, provision, or part thereof to the extent that if any section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance shall be held invalid by a Court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. Section 8. Effective Date. This Ordinance becomes effective upon its passage and shall be in effect for a period of 365 days from the date hereof. INTRODUCED AND READ in full this llth day of MaY , 1992. 11th day of May PASSED by the City of Lino Lakes this 1992. ATTEST: Marilyn . Anderson, Clerk Vernon F. Reinert, Mayor