HomeMy WebLinkAboutPZ 8.13.07 PacketThe City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, August 13,2007, at 7:00 p.m.
4am
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. None.
4. Public Hearings:
a. ZONING CODE TEXT AMENDMENT: Review of an ordinance to control
the location of sexually oriented businesses within the City.
S. Business Items:
a. None
6. Informational Items:
a. City Council Updates
i. August 7 — Response to Metropolitan Airports Commission (MAC)
draft comprehensive plan amendment for the Lake Elmo Airport
ii. August 7 — Approved a negative Deed for an environmental impact
statement for the Village sanitary sewer extension based upon an
Environmental Assessment Worksheet (EAI)
iii. Upcoming planning commission items
iv. 1994 Article on City Center
Planning Commission
Date: 8/13/07
Item:
Public Hearing
ITEM: A zoning ordinance to control the location of Sexually Orien
Businesses
REVIEWED BY: Susan Hoyt, City Administrator
Kelli Matzek, Assistant City Planner
The planning commission is asked to conduct a public hearing to review a
proposed ordinance to control the location of sexually oriented businesses (SOB)
within the city. According to legal findings, cities are required to provide
location(s) for sexually oriented businesses. The only exception is that "live
performance" operations can be prohibited given that such establishments exist
within fifty (50) miles of Lake Elmo. The city cannot extend this prohibition to
bookstores, video shops, and other sexually oriented businesses that do not
include live performance. For this second category of uses, it is incumbent upon
the City to enact necessary regulations to protect against the potential negative
impacts of such uses while still providing for their potential creation. This
includes not only assigning the businesses to an appropriate commercial zoning
district, but also establishing buffers from areas the City desires to protect.
Attached you will find the proposed ordinance to control sexually oriented
businesses. The ordinance is based on the draft initially reviewed by the Planning
Commission in 2006, with some minor changes to ensure it does not preclude all
potential locations and restricts "live performance" operations. The proposed
buffer of 1350 feet from all K-12 schools, religious place of worship, public
facilities, and residential districts results in two areas for possible SOB locations
within the city. Further limiting SOBs to the business park (BP) zoning district
results in one possible location within the Eagle Point Business Park (see exhibits
A & B). Note that the owners of this land are not required to sell or lease to a
sexually oriented business at any time. The city must only demonstrate that it is
providing an opportunity with its regulations—not a guarantee.
ADDITIONAL INFORMATION:
The following findings are being offered to support the proposed ordinance:
1. Adult uses have an impact on the neighborhoods surrounding them, which is
distinct from the impact caused by other commercial uses;
2. Residential neighborhoods located within close proximity to adult theaters,
bookstores and other adult uses experience increase crime rates (sex-related
crimes in particular), lowered property values, increased transiency, and
decreased stability of ownership;
3. The adverse impacts which adult uses have on surrounding areas diminish as
the distance from the adult uses increases;
4. Studies of other cities have shown that among the crimes which tend to
increase either within or in the near vicinity of adult uses are rapes,
prostitution, child molestation, indecent exposure and other lewd and
lascivious behavior;
5. 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;
6. Many members of the public perceive areas within which adult uses are
located as less desirable than other areas which do not have such uses;
7. 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; and
8. 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.
9. The characteristics of Lake Elmo are substantially similar to cities citied in the
documentation which demonstrates that adult uses may have adverse
secondary effects to surrounding properties, public health, safety, and general
welfare.
10. Adverse secondary effects tend to diminish if adult uses in a city are regulated
by locational and licensing requirements,
11. The City cannot prohibit all sexually oriented uses
RECOMMENDATION:
Recommend that Council approve the proposed ordinance to control sexually
oriented uses,
ORDER OF BUSINESS:
- Introduction ............................................................. Ben Gozola, Senior Planner
- Report by staff ........................................................ ..Ben Gozola, Senior Planner
- Questions from the Commission ....................... Chair & Commission Members
- Open the Public Hearing .................................. — ........................................ Chair
- Close the Public Hearing ............................................................................ Chair
- Call for a motion ....................................................................... Chair Facilitates
- Discussion of Commission on the motion ................................ Chair Facilitates
- Action by the Planning Commission ................ Chair & Commission Members
0w ZVO) *1 "1 V W
- Exhibit A: Adult Use Buffer Analysis
- Exhibit B: Potential Sexually Oriented Business Locations as Defined by the
Proposed Ordinance
- Ordinance --. An Ordinance Adopting Regulations to Govern Sexually
Oriented Uses in the City of Lake Elmo
-CITY OF LAKE ELMO
MINT 0*WX
na, 111112- '11
IN
110j".1 -211411316i "AN ZIA
The City Council of the City of Lake Elmo hereby ordains that Section 1336 is hereby
added to read as follows:
(A) On February 20, 2007, the City Council enacted an interim ordinance (Ordinance
No. 97-189) creating a moratorium on the establishment of adult uses within the
City and directing the City Staff to conduct a study to determine how best to
regulate such uses. The scope of the study was to include, but not be limited to,
the following:
(1) The particular zoning districts in which adult establishments should be
allowed as either permitted or conditional uses;
(2) The density and concentration of adult uses; and,
(3) The effect of adult uses on other uses in the surrounding area.
Upon completion of the study, the matter was to be considered by the Planning
Commission for its review and recommendation to the City Council.
The study has been completed and the Planning Commission has reviewed the
study and has passed its recommendation to the City Council for review. The
City Council has also reviewed the staffs study and duly considered the
recommendation of the Planning Commission.
(B) The staffs study contained copies of certain reports specifically including a report
which was prepared by the State Attorney General entitled "Report of the
Attorney General's Working Group on Regulation of Sexually Oriented
Businesses", dated June 6, 1989 (the "Report"). The Report considered evidence
from studies conducted in Minneapolis, St. Paul, and many other cities throughout
the country relating to sexually oriented businesses. The City Staff, Planning
Commission, and City Council have reviewed the Report.
Sexually Oriented Uses Ordimince Planning Commission; 8-1 -0
(C) The Report, based upon the above referenced studies and the testimony and
evidence it concluded, among other things, " . . . that sexually oriented businesses
are associated with high crime rates and depression of property values. . . ." Prior
to the issuance of the Report, the State Attorney General's Working Group also
heard testimony that " . . . the character of a neighborhood can dramatically
change when there is a concentration of sexually oriented businesses adjacent to
residential property." The Report found and concluded that:
(1) Adult uses have an impact on the neighborhoods surrounding them, which is
distinct from the impact caused by other commercial uses;
(2) Residential neighborhoods located within close proximity to adult theaters,
bookstores and other adult uses experience increase crime rates (sex-related
crimes in particular), lowered property values, increased transiency, and
decreased stability of ownership;
(3) The adverse impacts which adult uses have on surrounding areas diminish as
the distance from the adult uses increases;
(4) Studies of other cities have shown that among the crimes which tend to
increase either within or in the near vicinity of adult uses are rapes,
prostitution, child molestation, indecent exposure and other lewd and
lascivious behavior;
(5) 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;
(6) Many members of the public perceive areas within which adult uses are
located as less desirable than other areas which do not have such uses;
(7) 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; and
(8) 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.
(D) The Lake Elmo City Council finds the characteristics of Lake Elmo are
substantially similar to those of the cities cited by the Report when considering
the affects of adult uses.
Section 1336. Adult Establishments pg 2
Oriented Lk3es Ordinance
Planning Commission; 8-13-07
(E) The Lake Elmo City Council finds, based upon the Report and the studies cited
therein, that adult uses may have adverse secondary effects upon certain pre-
existing land uses within the City, and that the public health, safety, and general
welfare will be promoted if the City adopts regulations regarding adult uses.
(F) The Lake Elmo City Council finds that the adverse secondary effects tend to
diminish if adult uses in the City are regulated by locational and licensing
requirements.
(G) It is not the intent of the City to prohibit adult uses from having a reasonable
opportunity to locate within the City.
(H) The City's current zoning ordinance does not address such adult uses, which have
been found by other municipalities to cause similar adverse secondary effects.
Specifically, the City Council is concerned that the City's zoning ordinance may
be inadequate in its scope and in its restrictions to accomplish the purpose for
which it was intended.
(1) In addition to the proper zoning classification of such uses, there are a number of
significant planning and land use issues pertaining to the regulation of such uses,
including the following:
(1) The particular zoning districts in which such uses should be allowed as
either permitted or conditional uses.
(2) The concentration and density of such uses in the City and its
neighborhoods.
(3) The effect of such uses on other uses in the surrounding area.
1336.02 Definitions. For the purposes of this ordinance, the following terms shall be defined
as set forth below:
(A) Adult Establishment. Adult Establishment means:
(1) Adult Patronne. Any business that is conducted exclusively for the
patronage of adults and that excludes minors from patronage, either by
operation of law or by the owners of the business;
(2) &e . Any business that (i) derives
25% or more of its gross receipts during any calendar month from, or (ii)
devotes 25% or more of its floor area (not including storerooms, stock areas,
bathrooms, basements, or any portion of the business not open to the public)
to items, merchandise, devices or other materials distinguished or
characterized by an emphasis on material depicting, exposing, describing,
Section 1336. Adult Establishments pg 3
Sexually Oriented Lkses Ordinance P/anning Commission; 8-13-07
discussing, or relating to Specified Sexual Activities or Specified Anatomical
Areas; or
(3) Adult Usage. Any business that engages in any Adult Use.
(B) Adult Uses, Generally. "Adult Uses" include adult book stores, adult motion
picture theaters, adult mini -motion picture theaters, adult massage parlors, adult
steam room/bathhouse/sauna facilities, adult companionship 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, or 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, heard, or smelled
by members of the public. Activities and matters classified as obscene as defined
by Minnesota Statutes 617.241 are not included as an Adult Use and are
prohibited in the City of Lake Elmo. Adult Uses include but are not limited to the
following:
(1) Adult_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 Bookstore. A building or portion of a building used for the baiter,
rental or sale of items consisting of printed matter (specifically included, but
not limited to, greeting cards), 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 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 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.
Section 1336. Adult Establishments pg 4
Sexually Orientpd Uses Ordinance Planning Commission; 8-13-07
(5) Adult Convgrsation/Rqp_1ar1or. 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 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 Hotel or Motel. Adult hotel or motel means a hotel. or motel from
which minors are specifically excluded from patronage by reason of age 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 Massage Parlor, Health Club. A massage parlor or health club which
restricts minors by reason of age, or 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 Motion Picture Theater. A building or portion of a building used for
presenting material if such building or portion of a building as a prevailing
practice excludes minors by reason 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 ModeljpL5tudio. A modeling studio which restricts minors by reason
of age, or 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, or 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 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 motion picture machines,
projectors or other image -producing devices (including, but not limited to
images from CD-ROM and/or the Internet) are maintained to show images to
five or few 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 Novelty Business. An establishment or business engaged in the sale of
novelty items which:
Section 1336. Adult Establishments Pg 5
Spxtially Oriented Uses Ordinance Planning Cornmhssion; 8-13-07
(a) Restricts minors by reason of their age; or
(b) Has as its principal activity the sale of devices and other products which:
Stimulate human genitals or devices which are designed to create
sexual stimulation or excitement; or,
2. Are otherwise designed to stimulate or arouse sexual excitement in any
manner whatsoever, specifically including, but not limited to, items
such as inflatable dolls or similar devices; or,
3. Is distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
(13) Adult 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 pleasure,
bathing, relaxation, or reducing utilizing steam or hot air as a cleaning,
L,
relaxing 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.
(14) Adult Steam Room/Bathhouse Facility. A building or portion of 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. "Specified Anatomical Areas" are defined as
follows:
(1) Female. 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) Male. Human male genitals even if completely and opaquely covered.
(D) Specified Sexual Activities. "Specified Sexual Activities" are defined as follows:
(1) General Sexually Oriented Acts. Actual or simulated:
(a) Sexual intercourse;
(b) Oral copulation;
Section 1336. Adult Establishments pg 6
I -Sexually Oriented Uses Ordinance Planning Commission; 8-13-07
(c) Anal intercourse;
(d) Oral -anal copulation;
(e) Bestiality;
(f) Direct physical stimulation of unclothed genitals or the female breast;
(g) Flagellation or torture in the context of a sexual relationship;
(h) The use of excretory functions in the context of a sexual relationship; or,
(i) Any of the following sexually -oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(2) Genitalia. Any clear depiction of human genitals in the state of sexual
stimulation, arousal or tumescence.
(3) Certain Uses and Activities. Use of human or animal ejaculation, sodomy,
oral copulation, coitus, or masturbation.
(4) Touching. Fondling or touching of nude human genitals, public region,
buttocks, or female breast.
(5) Nature of Clothing, or Lack Thereof. 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.
(6) Animals. Erotic or lewd touching, fondling or other sexually -oriented contact
with an animal by a human being.
(7) Irrigation. Human excretion, urination, menstruation, vaginal irrigation.
(8) Minor. An individual under eighteen (18) years of age.
(A) Location Restrictions. The restrictions set forth below shall apply to the location
of Adult Establishments.
(1) No Adult Establishment shall be operated or maintained except within the BP
commercial zoning district pursuant to a Conditional Use Permit.
Section 1336. Adult Establishments pg 7
Sexually Oriented Uses Ordinance P/anning Commission,* B-13-07
(2) No Adult Establishment shall be operated or maintained on a parcel within
1350 feet of any residential district, public or private school with students
primarily under the age of 18, or public facilities, or religious place of
worship, or within 500 feet of another adult establishment. Distance shall be
measured from the closest point of the lot lines of subject uses.
(3) No Adult Establishment incorporating live performances shall be operated or
maintained on a parcel within fifty (50) miles of another adult establishment
that provides space for live performances. Distance shall be measured from
the closest point of the lot lines of subject uses.
(B) Sip Requirements. In addition to the requirements of sign regulations of the
Development Ordinance (and as subsequently amended), all businesses regulated
under this chapter shall comply with the following sign requirements:
(1) All signs shall be wall signs.
(2) No merchandise or pictures of the products or entertainment on the premises
shall be displayed in window areas or in any area where they can be viewed
from a public street or sidewalk in front of the building.
(3) Window areas shall not be covered or made opaque in any way.
(4) No sign shall be placed in any window.
(5) A one square foot sign shall be placed on the door of the establishment to state
hours of operation and admittance is limited to adults only.
(6) Sign content shall be limited to text only. Text is limited to the name of the
business and its address.
(7) Where any provisions of this section conflict with Sign Ordinance, the
provision that is more stringent shall be applied.
(C) Physical Layout of Business. Any Adult Establishment having available for
customers, patrons or members, a booth, room or cubicle for the private viewing
of any Specified Anatomical Areas or Specified Sexual Activities must comply
with the following requirements:
(1) Each booth, room or cubicle shall be totally accessible to and from aisles and
public areas of the Adult Establishment and shall be unobstructed by any
door, lock or other control type devices.
(2) Every booth, room or cubicle shall meet the following construction
requirements:
Section 1336. Adult Establishments , Pg 8
Sexually Oriented Uses Ordinance Pkinning Commission; 8-13-07
(a) Each booth, room or cubicle shall be separated from adjacent booths,
rooms and cubicles and any non-public areas by a wall.
(b) Have at least one side totally open to a public lighted aisle so there is an
unobstructed view at all times of anyone occupying the area.
(c) All walls shall be solid and without any openings, extended from the floor
to a height of not less than six feet and be light colored, non-absorbent,
smooth textured and easily cleanable.
(d) The floor must be light colored, non-absorbent, smooth textured and easily
cleanable.
(e) The lighting level of each booth, room or cubicle when not in use shall be
a minimum of 10 foot candles at all times, as measured from the floor.
(3) Only one individual shall occupy a booth, room or cubicle at any time, No
occupant of a booth, room or cubicle shall engage in any type of sexual
activity, cause any bodily discharge or litter while in the booth. No individual
shall damage or deface any portion of the booth.
(D) License Required.
(1) From and after the effective date of this ordinance no Adult Establishment
shall be operated or maintained in the City of Lake Elmo without first
obtaining a license to operate issued by the City.
(2) A license may be issued for only one Adult Establishment located at a fixed
and certain place. Any person, partnership or corporation which desires to
operate more than one Adult Establishment shall have a separate license for
each such business.
(3) No license or interest in a license may be transferred to any person,
partnership, corporation, or other entity.
(4) Only one licensed adult establishment may be operated:
M
(5) No liquor license shall be issued for an adult establishment.
Section 1336. Adult Establishments Pg 9
Sexually Oriented Uses Ordinance Pianning Commission; 8-13-07
(I-) Application for License.
(1) Any person, partnership or corporation desiring to secure a license shall make
application to the City Clerk.
(2) The application for a license shall be upon a form provided by the City.
(3) An applicant shall furnish the following information:
(a) Names, addresses and dates of birth of applicant and spouse if any.
(b) Written proof that the applicant is at least eighteen years of age.
(c) Address of the Adult Establishment to be operated by the applicant.
(d) The name of the City, County and State, if any, where the applicant
previously operated an Adult Establishment.
(e) Whether the applicant has ever been convicted of a felony involving
sexual conduct, the use or distribution of controlled substances or the use
or distribution of a dangerous weapon. If the answer to the last is yes,
state the jurisdiction in which the offense or offenses occurred. The
applicant may attach any explanation he or she deems appropriate.
(f) If the applicant is a corporation (partnership/LLC/trust or other business
entity which is not a natural person), the name of the corporation, the date
and state of incorporation, the name and address of the registered agent
and the name and address of all shareholders owning more than five
percent of the stock in said corporation and all officers and directors of the
corporation.
(4) Within sixty days of receiving a completed application for a license, the City
Clerk shall submit the application to the City Council for approval or denial.
(5) Failure or refusal of the applicant to give any information relative to the
investigation of the application shall constitute grounds for denial of the
license.
(F) Standards for lssuing Licenses.
(1) To receive a license to operate an Adult Establishment, an applicant must
meet the following standards:
(a) The applicant must be eighteen years of age or older
Section 1336. Adult Establishments Pg 10
Sexually Oriented Uses Ordinance Phanning Conirnission; B-13-07
(b) The applicant or his or her spouse has not been denied a similar license by
any other city, county or state within the preceding twelve months or has
not had such a license revoked or suspended within the preceding twelve
months.
(c) All current real estate taxes have been paid on the licensed premises.
(d) The licensed premises meets all the provisions of this Chapter as well as
all building and fire codes.
(e) The applicant or spouse has not been convicted of any felony involving
moral turpitude, prostitution, obscenity or other crime of a sexual nature or
involving the use or distribution of a controlled substance as defined by
Minnesota laws, or the use or distribution of a dangerous weapon. The
fact that a conviction may be under appeal shall not affect the
disqualification of the applicant,
(f) All license and investigation fees required by this Chapter have been paid.
(2) For the purposes of this section the term "applicant" shall include an
individual, all persons having a financial interest in a partnership or joint
vent -are, and, in the case of a corporation (partnership/LLC/trust or other
business entity which is not a natural person), all officers, directors and
stockholders required to be named in the application.
(3) All police, fire and building code investigations shall be completed within
twenty-one days after the date the completed application is filed with the City
Clerk. Upon a showing of good cause and reasonable diligence on the part of
an investigator, the City Council may extend the investigation period for a
reasonable time. Any investigation not completed within the allotted time
period shall be deemed to be waived.
(G) License Fees.
(1) The annual license fee to operate an Adult Establishment shall be determined
by the City Council by resolution.
(2) In addition to the annual license fee, an investigation fee in an amount
determined by the City Council by resolution shall be paid at the time of the
initial license application.
(3) All appropriate fees shall be submitted along with the application for a new or
renewal license.
(4) If an application is denied, the license fee, but not the investigation fee, shall
be refunded to the applicant.
Section 1336, Adult Establishments Pg 11
Sexua/ly Oript7ted Lh9ps Ordinance Planning Carr mis-sion': 8-13-07
(H) Display of License. The license shall be displayed in a conspicuous public place
in the Adult Establishment.
(1) Renewal of License.
(1) Every license issued pursuant to this chapter shall expire at 12:00 midnight on
December 31st of each year unless sooner revoked by the City Council, and
must be renewed before operation is allowed in the following year.
(2) Applications for renewal must be submitted with the annual license fee to the
City Clerk not later than sixty days before the license expires.
(3) Renewal of a license may be issued by the City Clerk unless the Clerk finds
cause for not renewing the license in which case the Clerk shall submit the
renewal application to the City Council prior to the expiration of the license.
(4) No license for which application for renewal has been timely made shall be
deemed to expire until the City Council. has rendered its decision not to renew
a license. No application for renewal of a license may be denied by the City
Council until after the applicant has received ten days' written notice of a
public hearing before the Council. The applicant may appear with or without
counsel at that public meeting and may present such evidence and witnesses,
as he or she deems appropriate.
(J) Revocation of License.
(1) The City Council shall revoke a license for any of the following reasons:
(a) Discovery that -false or misleading information or data was given on any
initial or renewal application or material facts was omitted from any such
application.
(b) The operator or an employee of the operator violates any provisions of this
chapter or any rule or regulation adopted by the Council pursuant to this
Chapter, provided, however, that in the case of a first offense by an
operator where the conduct was solely that of an employee the penalty
shall not exceed a suspension of thirty days if the Council finds that the
operator had no actual or constructive knowledge of such violation and
could not by the exercise of due diligence have had such actual or
constructive knowledge.
(c) The operator becomes ineligible to obtain a license.
(d) Any cost or fee required to be paid by this ordinance is not paid.
Section 1336, Adult Establishments pg 12
Sexual�y Oriented Uses Ordinance ____—Planning Commission; 8-13-07
(e) Any intoxicating liquor or cereal malt beverage is served or consumed on
the premises of the Adult Establishment.
(2) The Council, before revoking or suspending any license, shall give the
operator ten days written notice of the charges against him or her, and an
opportunity for a public hearing before the Council at which time the operator
may appear with or without counsel and may present such evidence and
witnesses as he or she deems appropriate.
(3) The transfer of a license or any interest in a license shall automatically and
immediately revoke the license.
(4) Any operator whose license is revoked shall not be eligible to receive a
license for one year from the date of revocation, No location or premises for
which a license has been issued shall be used as an Adult Establishment for
six months from the date of revocation of the license.
(K)Responsibilities of Operator.
(1) Every act or omission by an employee constituting a violation of the
provisions of this Chapter shall be deemed the act or omission of the operator
if such act or omission occurs either with the authorization, knowledge or
approval of the operator, or as a result of the operator's negligent failure to
supervise the employee's conduct, and the operator shall be punishable for
such act or omission in the same manner as if the operator committed the act
or caused the omission.
(2) Any act or omission of any employee constituting a violation of the provisions
of this Chapter shall be deemed the act or omission of the operator for
purposes of determining whether the operator's license shall be revoked,
suspended or renewed.
(3) No employee of an Adult Establishment shall allow any minor to loiter around
or to frequent the Adult Establishment or to allow any minor to view
Specified Anatomical Areas or Specified Sexual Activity at the Adult
Establishment.
(4) The operator shall maintain the premises in a clean and sanitary manner at all
times.
(5) The operator shall maintain at least ten -foot candles of light in the public
portions of the establishment, including aisles, at all times. However, if a
lessor level of illumination in the aisles shall be necessary to enable a patron
to view the adult entertainment in a booth, room or cubicle adjoining an aisle,
a lesser amount of illumination may be maintained in such aisles, provided,
Section 1336, Adult Establishments pg 13
I Sexually Oriented Uges Ordinance Pi ronin Commission; 8- 13-07
however, at no time shall there be less than I foot candle of illumination in
said aisles as measured from the floor,
(6) All business transactions shall occur within the licensed building.
(7) No employee shall have been convicted of any felony involving moral
turpitude, prostitution, obscenity or other crime of a sexual nature or involving
the use or distribution of a controlled substance as defined by Minnesota laws,
or the use or distribution of a dangerous weapon. The fact that a conviction
may be under appeal shall not affect the disqualification of the employee.
(8) No minor may be employed by or work at an Adult Establishment.
The operator shall ensure and be responsible for the compliance of the
establishment and its patrons with the provisions of this Chapter.
(L) Exclusions. All public and private schools or churches located within the City of
Lake Elmo are exempt from obtaining a license hereunder when instructing pupils
in sex education as part of its curriculum.
(M) No Minors. No person under the age of 18 shall be permitted to be present in an
Adult Establishment.
(N) Hours of Operation. The hours of operation for any business licensed under this
Chapter shall be between 9:00 AM to midnight.
(0) Penalties.
(1) Any individual, partnership or corporation (partnership/LLC/trust or other
business entity which is not a natural person) who is found to have violated
the provisions of this Chapter shall be guilty of a misdemeanor and shall also
be subject to revocation of any license.
(2) Each violation of this ordinance shall be considered a separate offense and any
violation continuing more than one day shall be considered a separate offense.
(P) Enforcement. Members of the law enforcement agency providing service to the
City, the Fire Marshal, or designee, the Building Official or designee and the
Zoning Administrator or designee, shall have authority to enter any Adult
Establishment at all reasonable times to inspect the premises for the purposes of
enforcing this Chapter and all other applicable State laws, fire codes and building
codes.
1336® Means of Enforcement. The City may enforce any provision of this ordinance by
mandamus, injunction or any other appropriate civil remedy in any court of
competent jurisdiction. The ordinance may also be enforced by appropriate criminal
prosecution.
Section 1336. Adult Establishrnents pg 14
Sexually Oriented 1-�ges Ordinance ---------Piannit�gCor,7mi,,;si'or7:8-1,'4-07
1336® Separability. Every section, provision or part of this ordinance is declared separable
from every section, provision or part of this ordinance. If any section, provision, or
part of this. ordinance is adjudged to be invalid by a court of competent jurisdiction,
such judgment shall not invalidate any other section, provision, or part of this
ordinance.
Effective Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
Adoption Date
This Ordinance No. -- was adopted on this — day of 20—, by a
vote of -- Ayes and — Nays.
Mayor Dean Johnston
FEW
Susan Hoyt
Administrator
This Ordinance No. -- was published on the — day of —, 2007.
Section 1336. Adult Establishments Pg 13
Cl
s
r1r,1 6111
To the editor;
Mayor Wyn John of DakeEl-
mo has invited public review of
"City , Center" concept plan to
capitalize on and revitalize the
commercial and hi der density,
residential center of the city.
The plan envisions integrating
the limited governmental and
commercial development north
of Highway .5 into a carefully
laid out 150 acre extension of
the O.I.d ,Village. eA compact,pe-
destrian friendly, development
would be contingent on con-
struction of a soMcontairae:d,
sanitary sewer system and pro-
vision of municipal water,
These, services could be coordi-
R ted to strengthen the adja-
cent . infrastructure south o
Highway 5.
The, mayor's proposal is not a
"floc" for existing problems in the
city, Lake Elmo is a very
healthy city, providing a quality
of life winch out competes other
'cities and towns. New residents
chose to live here to share our
rural lifestyle, privacy and inde-
pendence within the context of a
real community and still close
to jobs and major cultural
amenities in l irmeapolls and
St. Paul. Existing residents cot-
tinue to stay,in, Leake Elmo for
the wane reasons.
However., as a city defined a
a "rural center" by the Metro-
politan Council, Lake Elmo aces
not have a flourishing "center."
Outside competition gets the
vast share of our retail dollars,
and below cast commercial rent-
al rags offered in overbuilt,
nearby cities threaten the vi-
ability
-
ability of new and existing busi.
nePsses. There is a real question
as to whether Lakes Elmo will
be corno a city operating as a
"city" , or a city operating as a
"town" — with more in common
with centerless Grant, 'lest
Lakeland or May townships and
less with other rural renter crit..
ies such as Northfield, Marine
or Long Lake.
If we are to succeed as a city
against outside pressure, we
need to do .what we do best -
provide a distinct market for
local services and to become a
recognized "niche" where qual-
ity of services are attractive to
ourselves and nearby purchas-
ers of goods and services. Suety
cessful examples include the
lousiness districts of 50th and
France in Edina, ,and lake and
Hennepin in Minneapolis, the
downtowners of Wayzata, Red
Wing, Hayward, Spooner and
North "t. Paul. What is common
to all these successful areae is
the presences of a pre-existing
quality custorner base and the
enthusiasm of business entre-
preneurs,
i A significant residential com-
ponent is part of the "City Cen-
ter" plan. If the city is to achieve
the people oriented character of
successful examples* provided,
we meed to start with people,
people meeting can sidewealks,
widow shopping, waiting for a
s, sitting in barber chairs,
r sitting at tables in a library, a
bakery and at cafes. We need
w people meeting with their hank_
f er, lawyer and architect. There
must be people selecting paint
and browsing -in bookstores -and
art galleries. We need people
going to church, attendingRo-
tary Club meetings, leading pa-
rades and resting on benches.
We need people seeing people
and people berg seen,
Initial: public comment has
been overwhelmingly favorable
toward the planning of this City-
Center. As the residents of Lake
Elmo look deeper, I would lime
to suggest these thoughts for
discussion.
A. City Center will not succeed
if it cannot pay its own way,
short and long terra. ,A, City
Center will not succeed if it
.requires extra costs on the own
ers of existing structures in the
Old Village. A City Center will
not succeed if it changes they
bAsicM character of Lake Elmo,
To be successful, a City Cera-
-ter should increase community
unity and focus, identity and
pride, increase commercial op-
portunities for residents and
business persons, correct down-
town viater run off` problems,
provide a back• up for the Old
'pillage water system, provide
an option for correcting existing
Old Village surer problems, and
create a highly desirable living
and working environment
which helps to reduce urban
sprawl..
The mayor's concept for a City
Center deserves to be fully ex-
plored if the possibilities for a
down side are to be recognized
and eliminated and the sub-
stantial opportunities for suc-
cess are to be realized. `
Steve De app
Lake Elmo
OLD VI'L,LAGE NEI.Gl',BORI-