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<br />g e are will be promoted by the coy
<br />adopting regulations governing adult
<br />establishments.
<br />64261 513.03 Definitions Subdivision 1.
<br />The following terms have the meanings given
<br />them below.
<br />Subd. 2. Adult Establishment. A business
<br />engaged in any of the following activities or
<br />which utilizes any of the following business
<br />Procedures or practices:
<br />(a) a business that is conducted exclusively
<br />for [he patronage of adults and as to which
<br />minors are specifically excluded from
<br />patronage, either by operation of law or by the
<br />owners of such business, except any
<br />business licensed under Chapters 501, 502,
<br />end -861 503, and 514 of the Mounds View
<br />City Code;
<br />(b) any business that has (1) at least 30% of
<br />Its inventory, stock and trade or publicly
<br />displayed merchandise, or (2) at least 30% of
<br />the floor area of the business (not including
<br />storerooms, stock areas, bathrooms,
<br />basements or any portion of the business not
<br />open to the public) devoted to items,
<br />merchandise or other materials distinguished
<br />or characterized by an emphasis on material
<br />depicting. exposing, describing, discussing or
<br />relating to specified sexual activities or
<br />specified anatomical areas; or
<br />(c) any adult use as defined in Subdivision 3
<br />of this section.
<br />Subd. 3. Adult Use. An adult use is any of
<br />the activities and businesses described
<br />below:
<br />(a) Adult Body Painting Studio: An
<br />establishment or business which provides the
<br />service of applying paint or other substance,
<br />whether transparent or non -transparent, to the
<br />body of a patron when such person Is nude.
<br />(b) Adult Bookstore: An establishment or
<br />business used for the barter, rental or sale of
<br />items consisting of printed matter, pictures,
<br />slides, records, audio tape, videotape, or
<br />motion picture film If such business is not
<br />open to the public generally but only to one or
<br />more classes of the public, excluding any
<br />minor by mason of age, or If (1) at least 30%
<br />of the inventory, stock and trade or publicly
<br />displayed merchandise, or (2) at least 30% of
<br />the floorarea of the business (not including
<br />storerooms, stock areas, bathrooms,
<br />basements or any portion of the business not
<br />open to the public) is devoted to Items,
<br />merchandise or other material distinguished
<br />or characterized by an emphasis on the
<br />depiction or description of "specified sexual
<br />activities" or "Specified anatomical areas."
<br />(c) Adult Cabaret. A business or
<br />establishment that provides dancing or other
<br />live entertainment to patrons if the dancing
<br />and live entertainment is distinguished or
<br />characterized by an emphasis on the
<br />presentation, display, depiction of matter that
<br />seeks to evoke, arouse or excite the patrons'
<br />sexual or erotic feelings or desire.
<br />(d) Adult Companionship Establishment: A
<br />business or establishment that excludes
<br />minors by reason of age, and which provides
<br />the service of engaging in or listening to
<br />conversation, talk or discussion between an
<br />employee of the establishment and a
<br />customer, If such service Is distinguished or
<br />characterized by an emphasis on 'specified
<br />sexual activities" or "specified anatomical
<br />areas."
<br />(a) Adult Conversation/Rap Parlor: A
<br />business or establishment that excludes
<br />minors by reason of age, and which provides
<br />the services of engaging in or listening to
<br />conversation, talk, or discussion, if such
<br />service is distinguished or characterized by an
<br />emphasis on "specified sexual activities" or
<br />"specified anatomical areas."
<br />(f) Adult Health/Sport Club: A health/sport
<br />club which excludes minors by reason of age,
<br />if such club Is distinguished or characterized
<br />by an emphasis on "specified sexual
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<br />Subd. 5. Specified Sexual Activities.
<br />(a) Actual or simulated sexual intercourse,
<br />oral copulation, anal Intercourse, oral -anal
<br />copulation, bestiality, direct physical
<br />stimulation of unclothed genitals, flagellation
<br />or torture in the context of a sexual
<br />relationship, or the use of excretory functions
<br />in the context of a sexual relationship, and
<br />any of the following sexually -oriented acts or
<br />conduct: anilingus, buggery, coprophagy,
<br />coprophilla, cunnilingus, fellatio, necrophilia,
<br />pederasty, pedophllla, piquedsm, sapphism,
<br />zooerastia; or
<br />(b) Clearly depicted human genitals In the
<br />state of sexual stimulation, arousal or
<br />tumescence; or
<br />(c) Use of human or animal ejaculation,
<br />sodomy, oral copulation, coitus, or
<br />masturbation; or
<br />(d) Fondling or touching of nude human
<br />genitals, pubic region, buttocks, or female
<br />breast(s); or
<br />(e) Situations involving a person or persons,
<br />any of whom are nude, clad in undergarments
<br />or in sexually revealing costumes, and who
<br />are engaged In activities involving the
<br />flagellation, torture, fettering, binding or other
<br />physical restraint of any such persons; or
<br />(1) Erotic or lewd touching, fondling or other
<br />sexually oriented contact with an animal by a
<br />human being; or
<br />(g) Human excretion, urination,
<br />menstruation, vaginal or anal irrigation.
<br />842.68 513.05 Location No adult
<br />establishment may be located within 500 feet
<br />of a residential zoning district, apaAr, public
<br />facilities zoning district, a school, a church, a
<br />library or a commercial day care center or
<br />within 500 feet of another adult establishment.
<br />Distances shall be measured from the nearest
<br />point of the building where the adult
<br />establishment Is located to the nearest
<br />boundary of the residential zoning district or of
<br />the property containing a park, school,
<br />church, library, commercial day care center or
<br />other adult establishment.
<br />87243 513.07 Hours of Operation No
<br />adult establishment may be open to the public
<br />between the hours of 1:00 a.m. and 10:00
<br />a.m.
<br />872,66 513.09 Additional Conditions for
<br />Adult Cabaretg, The fallowing additional
<br />Conditions apply to adult cabarets:
<br />(a) No owner, operator or manager of an
<br />adult cabaret shall permit or allow any dancer
<br />or other live entertainer to perform nude.
<br />(b) No dancer, live entertainer, performer,
<br />patron or any other person shall be nude in an
<br />adult cabaret.
<br />(c) The owner, operator or manager of an
<br />adult cabaret shall provide the following
<br />Information to the city concerning any persons
<br />who dance or perform live entertainment at
<br />the adult cabaret: The person's name, home
<br />address, home telephone number, date of
<br />birth and any aliases.
<br />(d) No dancer, live entertainer or performer
<br />shall be under 18 years old.
<br />(e) All dancing or live entertainment shall
<br />occur on a platform intended for that purpose
<br />and which is raised at least two feet from the
<br />level of the floor.
<br />(t) No dancer or performer shall perform any
<br />dance or live entertainment closer than 10 _
<br />feet to any patron.
<br />(g) No dancer or performer shall fondle or
<br />caress any patron and no patron shall fondle
<br />or caress any dancer or performer.
<br />(h) No patron shall pay or give any gratuity
<br />to any dancer or performer.
<br />(1) No dancer or performer shall solicit any
<br />pay or gratuity from any patron.
<br />642 513.11 Lleanse Required Sub-
<br />division 1. No person shall own or operate an
<br />adult establishment without having first
<br />"cured a license as provided for In this
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<br />applicant shall pay $500.00 per person
<br />identified on the application as an owner,
<br />operator or manager.
<br />(b) If It appears that the investigative costs
<br />will exceed $500.00, the Clerk -Administrator
<br />shall notify the applicant and give the
<br />applicant an estimate of costs. The applicant
<br />shall either make an additlonat deposit equal
<br />to the difference between $500.00 and the
<br />total estimate, or shall withdraw the
<br />application. If the additional deposit Is not paid
<br />within 14 days, the application shall be
<br />deemed withdrawn.
<br />(c) If the Costs of administration, issuance
<br />and investigation are less than the deposit,
<br />the balance shall be refunded upon the
<br />issuance or denial of the license. No license
<br />shall be issued until the applicant has paid the
<br />entire cost of administration, issuance and
<br />investigation.
<br />Subd. 5. Granting of License:
<br />(a) The Police Chief or such other
<br />designated person shall complete the
<br />Investigation within 30 days after the Clerk -
<br />Administrator receives a complete application
<br />and all license and investigative fees.
<br />(b) I1 the application Is for a renewal, the
<br />applicant shall be allowed to continue
<br />business until the Council has determined to
<br />renew or refuse to renew a license.
<br />(c) If, after such investigation, it appears that
<br />the applicant and the place proposed for the
<br />business are eligible for a license under the
<br />criteria set forth in this subsection, then the
<br />license shall be issued by the City Council
<br />within 30 days after the investigation is
<br />completed. Otherwise the license shall be
<br />denied.
<br />(d) Each license shall be issued to the
<br />applicant only and shall not be transferable to
<br />another holder. Each license shall be Issued
<br />only for the premises described in the
<br />application. No license may be transferred to
<br />another premise without the approval of the
<br />City Council. If the licensee is a partnership or
<br />a corporation, a change in the identity of any
<br />of the principals of the partnership or
<br />corporation shall be deemed a transfer of the
<br />license. All adult establishments existing at
<br />the time of the adoption of this subsection
<br />shall be required to obtain an annual license.
<br />Subd. 6. Persons Ineligible for License: No
<br />license shall be granted to or held by any
<br />person:
<br />(a) Under twenty -ane (21) years of age;
<br />(b) Who is overdue or whose spouse Is
<br />overdue in his or her payment to the City,
<br />county or state of taxes, fees, fines or
<br />penalties assessed against them or imposed
<br />upon them;
<br />(c) Who has been convicted or whose
<br />spouse has been convicted of a grass
<br />misdemeanor or felony or of violating any law
<br />of this state or local ordinance relating to sex
<br />offenses, obscenity offenses or adult
<br />establishments;
<br />(d) Who is not the proprietor of the
<br />establishment for which the license is issued;
<br />(e) Who is residing with a person who has
<br />been denied a license by the City or any other
<br />Minnesota municipal corporation to operate
<br />an adult establishment, or residing with a
<br />person whose license to operate an adult
<br />establishment has been suspended or
<br />revoked within the preceding twelve (12)
<br />months;
<br />(f) Who has not paid the license and
<br />investigative fees required by this subsection.
<br />Subd. 7. Places Ineligible for License:
<br />(a) No license shall be granted for adult
<br />establishments on any premises where the
<br />applicant or any of Its officers, agents or
<br />employees has been convicted of a violation
<br />If this subsection, of where any license
<br />hereunder has been revoked for cause, until
<br />one (1) year has elapsed after such conviction
<br />or revocation.
<br />(b) No license shall be granted for any adult
<br />estahlishment whish is not in full emmnlianca
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<br />this section of dd i
<br />the City Cotle s to prescribe
<br />regulations governing commercial premises,
<br />buildings, and structures that are conducive,
<br />by virtue of design and use, to high-risk
<br />sexual Conduct which can result In the spread
<br />of sexually transmitted diseases to persons
<br />frequenting such premises, buildings, and
<br />structures.
<br />867.-02 608.03 Findinga of the City
<br />Council The City Council of the City of
<br />Mounds View makes the following findings
<br />regarding the need to regulate commercial
<br />premises, buildings, and structures that are
<br />conducive to the spread of communicable
<br />disease of danger to persons in order to
<br />further the substantial Interest of public health:
<br />(a) The experience of other cities
<br />establishes that certain commercial premises,
<br />buildings, and structures, or parts thereof, by
<br />reason of the design and use of such
<br />premises, buildings, or structures are
<br />conducive to the spread of communicable
<br />disease of danger to persons frequenting
<br />such premises, buildings, or structures, as
<br />well as to the general public, and that the risk
<br />of spreading infectious and contagious
<br />diseases can be minimized by regulating such
<br />commercial premises, buildings, and
<br />structures.
<br />(b) The experience of other cities where
<br />such commercial premises, buildings, and
<br />structures are present indicates that the risk
<br />of spreading the sexually transmittable
<br />disease of Acquired Immune Deficiency
<br />Syndrome (AIDS) is increased by the
<br />presence of such premises, buildings, and
<br />structures, because the design or use of such
<br />premises, buildings, and structures, or parts
<br />thereof can facilitate high-dsk sexual conduct.
<br />(c) Medical publications of the Center for
<br />Disease Control of the United States Depart-
<br />ment of Health and Human Services indicate
<br />that the sexually transmittable disease of
<br />AIDS is currently irreversible and uniformly
<br />fatal. Medical research has further established
<br />that the risk factors for obtaining or spreading
<br />AIDS are associated with high risk sexual
<br />Conduct.
<br />86;48 608.05 pefinitiona The following
<br />words and phrases when used in this section
<br />shall have the following meanings unless the
<br />context indicates otherwise:
<br />(a) Booths stalls or partitioned Portions
<br />Q1 vroom or Ind' 'dual mom: (1) enclosures
<br />specifically offered to persons fora fee or as
<br />an incident to performing high-risk sexual
<br />conduct, or (it) enclosures which are part of a
<br />business operated on the premises which
<br />offers movies or other entertainment to be
<br />viewed within the enclosure, including
<br />enclosures wherein movies or other
<br />entertainment is dispensed for a fee.
<br />The phrase "booths, stalls, or partitioned
<br />portions of a room or individual room" does
<br />not mean enclosures which are private offices
<br />used by the owners, managers or persons
<br />employed by the premises for attending to the
<br />tasks of their employment, and which are not
<br />held out to the public or members of the
<br />establishment for hire or for a fee or for the
<br />purpose of viewing movies or other
<br />entertainment for a fee, and are not open to
<br />any persons other than employees.
<br />(b) Doors. curtains or portal Partitions:
<br />full, complete, non -transparent closure
<br />devices through which one cannot see or view
<br />activity taking place within the enclosure.
<br />(c) HAZOrdous site: any commercial
<br />premises, building or structure, or any part
<br />thereof, which is a site of high-risk sexual
<br />conduct as defined herein.
<br />(d) High-risk sexual conduct:
<br />(1) fellatio:
<br />(it) anal Intercourse; and/or
<br />(iii) vaginal intercourse with persons who
<br />engage in sexual acts in exchange for money.
<br />(e) Open to an adjacent publ- r om s
<br />that the area Inside Is visible to Persons In
<br />the adlacent nubile room: either the
<br />Public Health Official's appKintee shall
<br />proceed as follows:
<br />(1) After the manager, owner or tenant of
<br />the premises has been notified in writing as to
<br />the basis of the Public Health Official's
<br />determination, the manager, owner or tenant
<br />shall have ten (10) days from the date of the
<br />last warning to request a hearing before the
<br />Public Health, Official or the Public Health
<br />Official's appointee for the determination as to
<br />the existence of such hazardous site. If the
<br />manager, owner or tenant of the premises
<br />does not request a hearing within ten (10)
<br />days of the date of the last warning notice, the
<br />Public Health Official shall then cause the
<br />premises to be posted with a warning advising
<br />the public that the premises have been
<br />declared a hazardous site and the Public
<br />Health Official shall cause Orders to be Issued
<br />to the manager, owner or tenant of the
<br />premises Constituting the hazardous sites to
<br />take specified corrective measures to prevent
<br />high-risk sexual conduct from taking. place
<br />within the premises.
<br />(2) 11 the manager, owner, or tenant of the
<br />premises requests a hearing, the hearing
<br />shall be held before the Public Health Official
<br />or the Public Health Official's appointee at a
<br />date not more than thirty (30) days alter'
<br />demand for a hearing. After considering all
<br />evidence, the Public Health Official or the
<br />Public Health Official's appointee shall make a
<br />determination as to whether the premises
<br />constitute a hazardous site, as defined herein
<br />and issue a decision based upon all hearing
<br />evidence presented. If the Public Health
<br />Official or the Public Health Official's
<br />appointee makes a determination that the
<br />premises constitute a hazardous site, the
<br />Public Health Official shall then Issue orders
<br />to the manager, owner, or tenant of the
<br />premises to take corrective measures to
<br />prevent high-risk sexual conduct from taking
<br />place within the premises and cause the
<br />premises to be posted with a warning advising
<br />the public that the premises have been
<br />declared a hazardous site.
<br />(3) If, within thirty (30) days from issuance of
<br />the orders to the manager, owner, or tenant of
<br />the hazardous site, the Public Health Official
<br />determines that such corrective measures
<br />have not been undertaken, the Public Health;
<br />Official may order the abatement of the,
<br />hazardous site as a public nuisance, which'
<br />shall be enforced by mandatory or prohibitory;
<br />injunction in a court of competent jurisdiction,'
<br />or may secure a court order for the closure of
<br />the premises constituting the hazardous site,
<br />until the premises, building, or structure is in,
<br />compliance with the regulations set forth in,
<br />Section 9.14 of this section.
<br />867.42 608.13 Criminel Penalties Any;
<br />person violating any provision of this chapter,
<br />or any person who removes, destroys or
<br />defaces warnings posted on premises by the
<br />Public Health Official pursuant to this chapter
<br />shall be guilty of a misdemeanor.
<br />Sec. 3. Section 1113.02, subd. 2, and
<br />Section 1116.02 of the Mounds View City'
<br />Code is amended by adding the following
<br />provision:
<br />Adult establishments as defined and,
<br />regulated in Chapter 642 513 of the City
<br />Cade.
<br />Sec. 4. Effective Date. This ordinance is:
<br />effective thirty days after its publication.
<br />Read by the City Council of the City of
<br />Mounds View this 22nd day of April, 4666
<br />1996.
<br />Read and passed by the City Council of the
<br />City of Mounds View, Minnesota this 13th day
<br />of May, 4668 1996.
<br />/a/ Jerome W. Linke
<br />Mayor
<br />ATTEST;
<br />Paul Harrington
<br />Clerk -Administrator
<br />(Bulletin: May 22, 1996)
<br />
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