|
(g) Adult Hotel or Motel: A hotel ar motel
<br />Subd. 2. Application: The application for an
<br />With the City Code, the City's zoning
<br />absence of any entire "door, curtain or portal ygd Ile joj suOTlepuat11luo3w 1a*wjg70
<br />Is
<br />/tom which minors are specifically excluded
<br />adult establishment license shall be submitted
<br />ordinance, the Building Code, the Fire Cede,
<br />partition" or a door or other device which
<br />a IAOJd saucoA snot:
<br />made of clear, transparent material such as qlp�- 2M
<br />from patronage and where material is
<br />on a form provided by the City and shall
<br />Include:
<br />the City's Health Regulations and all
<br />provisions of state and federal law.
<br />glass, plexiglass or other similar material O Plans Pea JOT SUO UaultuoPal
<br />; q q ]
<br />presented which Is phasic on tl er
<br />characterized by an emphasis on matter
<br />(a) If the applicant is an individual, the
<br />Subd. O. Conditions of License:
<br />meeting building code and safety standards, UO11dlImSUOP ysg ]O IPS aleJedaSe
<br />depicting, describing or relating to -specified
<br />name, residence, phone number, and
<br />(a) Every license shall be gamed subject to
<br />which permits the activity inside the enclosure
<br />to be entirely viewed or seen by persons `S1UaU!$a61Um]a]Igl 9AIj OlU11dd185[s%w
<br />sexual activities" or "specified anatomical
<br />birthdate of the applicant. It the applicant is a
<br />partnership, the name, residence, phone
<br />the following conditions and all other
<br />provisions of this subsection, and of any
<br />outside the enclosure. JaMO[ aqJ Sap1Ag),SJOSIApe Mau OULL
<br />areas"
<br />(h) Adult Message Parlor, Health Club: A
<br />massage Parlor or health club which restricts
<br />number, and birthdate of each general and
<br />limited partner. If the applicant is a
<br />applicable sections of the City Code, the
<br />City's zoning ordinance, the Building Code,
<br />(f) Public health o(figial: an agent or uoplo[
<br />employee of the city charged with the
<br />local health laws. )I M11011SOS0[P IaAO age JO Shed aSogi U[
<br />minors by reason of age, and which provides
<br />corporation, the names, residences, phone
<br />the Fire Code, the City's Health Regulations
<br />federal law.
<br />enforcement of the state or
<br />697,3 608.07 Public Health Regulations. adsa—JDAIJ aql SO(IManS QUIDS 2001e
<br />the services of massage, If such service is
<br />distinguished or characterized by an
<br />numbers, and birthdates of all those persons
<br />holding more than five (5) percent of the
<br />and all provisions of state and
<br />(b) All licensed premises shall have the
<br />]O
<br />Subdivision 1. No commercial building, aPadSgSgaUIOS]OUOndI]�1SUOPlUanlya9
<br />emphasis on 'specified sexual activities" or
<br />issued and outstanding stock of the
<br />license posted in a conspicuous place at all
<br />structure, premises or part thereof, or facilities a
<br />be MOUl?8U011ePU9UTIg00W aUDgj,'Saglo
<br />"specified anatomical areas."
<br />(1) Adult Mini-Motion Picture Theater: A
<br />corporation.
<br />(b) The name, address, phone number, and
<br />times.
<br />(c) No minor shall be permitted on the
<br />therein shall so constructed, used,
<br />designed or operated in the City for the
<br />f tmj, alp j0 gins ldchsstssllW agl]O suou
<br />business or establishment with a capacity for
<br />birthdate of the operator and manager of such
<br />licensed premises.
<br />purpose of engaging in, or permitting persons
<br />d hte aIO Suo uat R.Troom aleledaS
<br />]
<br />less than 50 persons used for presenting
<br />operation, if different from the owners.
<br />(d) Any designated inspection officer of the
<br />to engage In, sexual activities which Include
<br />high-risk sexual conduct.
<br />panssi Seq HCN `.Goslnpy uondlmisuoD
<br />material if such material is distinguished or
<br />(e) The address and legal description of the
<br />City shall have the right to enter, Inspect, and
<br />characterized by an emphasis on matter
<br />premises where the adult establishment is to
<br />search the premises of a licensee during
<br />Subd. 2. No person shall own, operate, el multa.W 9661 pagBalat,(IMaU SR UI
<br />depicting, describing or relating to "specified
<br />be located.
<br />business hours.
<br />,
<br />manage, rent, lease, or exemise control of-IddIS51 ,ISMO a O SUOgIOd a1Dos
<br />55•!W 11PJ
<br />sexual activities" or "specified anatomical
<br />(d) A statement detailing any gross
<br />(e) Every licensee shall be responsible for
<br />the conduct of his/her place of business and
<br />any commercial building, structure, premises, .
<br />or portion or part thereof in the City, which UIOJ] qsg ]O UOt1dunisU0P SugUBSaJ 50011
<br />areas."
<br />(j) Adult Modeling Studio: A business or
<br />misdemeanor or felony convictions relating to
<br />sex offenses, obscenity or the operation of an
<br />shall maintain conditions of order.
<br />contains: lumfoom SnotAwd Sit poxgal seq (HCW
<br />establishment that provitles customers figure
<br />adult establishment or adult business by the
<br />(1) No adult goods or material services shall
<br />(a) Partitions between subdivisions of a O7Um aU
<br />building, structure or g71mH3 uraud9Q elos ugnl a U .
<br />models who are so provided with the intent of
<br />applicant, operator or manager and whether
<br />be offered, sold, transferred, conveyed, given.
<br />room, portion or part of a
<br />providing sexual stimulation or sexual
<br />or not the applicant, operator or manager has
<br />displayed, or bartered to any minor.
<br />premises having an aperture which is
<br />gratification to such customers and who
<br />'specified
<br />ever applied for or held a license to operate a
<br />(g) No merchandise or pictures of the
<br />or entertainment sold or conducted
<br />designed or constructed to facilitate sexual
<br />activity, including but not limits tl to vaginal �7
<br />�sa�L"I
<br />engage in casual activities" or
<br />similar Type of business in other communities.products
<br />.OSiep�
<br />•
<br />display "specified anatomical areas" while
<br />In the case of a corporation, a statement
<br />on the premises may be displayed in the
<br />window areas or in any area where they can
<br />intercourse, anal intercourse, or fellatio, ,
<br />between persons on either side of the
<br />-
<br />being observed, painted, painted upon,
<br />sketched, drawn, sculptured, photographed,
<br />detailing any felony convictions by the owners
<br />of more than five (5) percent of the issued and
<br />be viewed from a sidewalk in front of the
<br />partition. IM a n m PS a ,Ca OA m
<br />"Booths, II [ p q II g II qS.
<br />or otherwise depicted by such customers.
<br />(k) Adult Motion Picture Amade: Any place
<br />outstanding stock of the corporation, and
<br />whether or not those owners have ever
<br />building.
<br />(h) The window areas may not be covered
<br />(b) stalls, or partitioned portions of •
<br />a room or individual room" as defined herein „Bale JaAage V!d
<br />"doors,
<br />to which the public is permitted or invited
<br />applied for or held a license to operate a
<br />or made opaque in any way. No sign may be
<br />which have curtains or portal 1 tfPInO3 aM 5CI[eolq"OmaQ '110110
<br />where coin or slug-operated or electronically,
<br />similar type of business in other communities.
<br />placed in any wintlow. A one square foot sign
<br />Partitions" as defined herein unless such ,(IPA SUO 9IDOP 1, jllUUl10dd0 -
<br />le wwp
<br />electrically or mechanically controlled or
<br />(e) The activities and types of business to
<br />may be placed on the door of the business to
<br />booths, stalls, partitioned portions of a room
<br />or individual room have at least one side open ]O adAl Stgj,,, •PIES rag
<br />operated still or motion picture machines,
<br />projectors or other image-producingdevices
<br />be conducted.
<br />(f) The hours o1 operation. -
<br />P
<br />state the hours of operation and that
<br />admittance is to adults one y
<br />to an adjacent public room so that the area O UI SuIUUe d O S70 S,3jo
<br />7 13 I q.L„
<br />are maintained to show images to five or
<br />(g) The provisions made to restrict access
<br />Subtl. 9. Penalty:
<br />inside Is visible to persons in the adjacent O SUtJdS a
<br />1661 J ql
<br />fewer persons per machine at any one time,
<br />and where the Images so displayed are
<br />by minors.
<br />(h) A building plan of the premises detailing
<br />(a) Any person violating any provision of this
<br />section is guilty of a misdemeanor and upon
<br />public room as defined herein. Booths, stalls,
<br />and/or partitioned portions of a room or ul ul$aq IpM uopmsuoa lege `[lath
<br />distinguished or characterized by an
<br />all internal operations and activities.
<br />conviction shall be punished not more than
<br />individual room that are so open to an S002 211TIPAJ9A0 ]I `sadoq aq plus
<br />adjacent public roam shall be lighted in a
<br />emphasis on depicting or describing
<br />"specified sexual activities" or "specified
<br />Subd. 3. License Fee:
<br />(a) The annual license tee is $500.00.
<br />the maximum penalty for a misdemeanor as
<br />prescribed by state law.
<br />manner that the Persons in the area used for i U[;)mjgan)I pug pala[dtuoo = M!P3C]
<br />anatomical areas."
<br />(b) Each application for a license shall be
<br />(b) Any violation of this section shall be a
<br />viewing motion pictures or other forms of Oq) ]O SSUIMeJp AJL'ultullatd -
<br />(1) Adult Motion Picture Theater: A motion
<br />submitted to the Clerk-Administrator and
<br />basis for the suspension or revocation of any
<br />entertainment are visible from the adjacent
<br />rooms, but such lighting shall not be of r j d Ol SaPe[ d
<br />picture [heater with a capacity of 50 or moa
<br />persons used for presenting material if such
<br />payment made to the City. Each application
<br />for a license shall be accompanied by
<br />license granted hereunder. In the event that
<br />the City Council proposes to revoke or
<br />public
<br />such Intensity as to prevent the viewing of the ) Pam.Cagj,,, -ulaM[gang pies „`WkEu
<br />theater as a prevailing practice excludes
<br />payment in full of the required license fee.
<br />suspend the license, the licensee shall be
<br />motion pictures or other offered 1 aq) UI ]lolls Su1Mcus 7salse]-Puons
<br />minors by reason of age or If such material is
<br />Upon rejection of any application for a license,
<br />notified in writing of the basis for such
<br />entertainment.
<br />aql SI MOU 149P 1111303110A,,
<br />- ORDINANCE NO. 574
<br />distinguished or characterized by an
<br />the City shall refund the license fee.
<br />proposed revocation or suspension. The
<br />697,99 608.09 Exceirtions. The regulations
<br />ORDINANCE REGULATING ADULT
<br />ESTABLISHMENTS, PREMISES
<br />emphasis on "specified sexual activities" or
<br />(c) All licenses shall expire on the last day of
<br />Council shall hold a hearing for the purpose of
<br />-determining the
<br />set forth in this section shall not apply to
<br />buildings, or structures that are �I
<br />"specified anatomical areas" for observation
<br />June in each year. Each license shall be
<br />whether to revoke or suspend
<br />premises,
<br />US aged mol] panupuoj
<br />CONDUCIVE TO HIGH RISK SE
<br />SEXUAL
<br />XUAL
<br />by patrons.
<br />issued for a period of one (1) year, except that
<br />license, which hearing shall be within thirty
<br />lawfully operating and licensed as hotels,
<br />CONDUCT, ADDING CHAPTERS 642
<br />AND 797608 AND AMENDING CHAPTERS
<br />(m) Adult Novelty Business: A business
<br />which has (1) at least 30% of its inventory,
<br />If a portion of the license year has elapsed
<br />when the application is made, a license may
<br />(30) days of the date of the notice.
<br />(c) The City Council shall determine whether
<br />motels, apartment complexes, condominiums,
<br />townhomes, or boarding houses which are
<br />���
<br />1 pp j
<br />��
<br />• J113 AND 1116 OF THE MOUNDS VIEW
<br />stock and trade or publicly displayed
<br />be issued for the remainder of the year for a
<br />to suspend or revoke a license within thirty
<br />subject to other general health and sanitation
<br />• . .
<br />CITY CODE.
<br />"FHE CITY OF MOUNDS VIEW ORDAINS:
<br />500
<br />Section 1. Title 500 of the Mounds View City
<br />merchantlise, or (2) at least 30% Of the floor
<br />area of the business (not inclutling
<br />bathrooms,
<br />pro rated tee. In computing such tee, any
<br />unexpired fraction of a month shall be
<br />as one (1) month.
<br />(30) days after the close of the hearing or
<br />within 60 days of the date of the notice,
<br />whichever is sooner, and shalnotify the
<br />requirements under stale and local law.,",'„
<br />n 608.11 Health Enforcement
<br />Powers. Subdivision 1. In exercising powers
<br />^QQ� • - • /y��w,�
<br />T/�T �`O
<br />glz
<br />'CSecisamende addinganew chapter to
<br />'read:
<br />storerooms, stock areas,
<br />basement or any portion of the business not
<br />counted
<br />(d) No part of the fee paid by any license
<br />licensee of its decision within that period.
<br />Li l•{l•�
<br />conferred b this or an other section of this J1
<br />,J•
<br />'
<br />t Chapter 731513—Adult Establishments
<br />open to the public) devoted to items,
<br />Ierchandise or other material or devices
<br />shall be refunded, except that a pro rata
<br />portion of the fee shall be refunded In the
<br />Subd. 10. Right of Appeal:
<br />(a) In the event that the Council determines
<br />Code relating to communicable diseases, the .
<br />Public Health Official shall be guided by the
<br />k •gntpS pWS
<br />633,93 513.01 Findings end Purpose
<br />,Stutlies conductetl by the Minnesota attorney
<br />which stimulate human genitals or devices
<br />following instances upon application to the
<br />Clerk-Administrator within 30 days from the
<br />to suspend, or revoke a license, such
<br />suspension or revocation shall not be
<br />most recent instructions, opinions and „(
<br />guidelines of the Center for Disease Control 1 01 ] KfMAll a ]O pooS 001 Sill tJ -
<br />.general, the American Planning Association
<br />which are designed for sexual stimulation.
<br />(n) Adult Sauna: A sauna which excludes
<br />happening of the event, provided that such
<br />effective until fifteen (15) days after
<br />of the United States Department of Health
<br />Human Services relate to the 7 pto SuilArld dams [[,oM„ -uomb
<br />,and cities such as St. Paul; Indianapolis;
<br />Alexandria, Minnesota; Rochester, Minnesota;
<br />minors by reason of age, and which provides
<br />for
<br />event occurs more than 30 days before the
<br />expiration of [he license:
<br />notification of the decision to the licensee. If,
<br />within that fifteen (15) days, the licensee files
<br />and which
<br />spread of infectious diseases. i IXau tnlgJngnS gpoH aql 01 81nn1A'p�
<br />''hoenix, Arizona; Los Angeles, California;
<br />a steam bath or heat bathing room used
<br />the Purpose of bathing, relaxation, or
<br />(I) Destruction or damage of the licensed
<br />and serves an action in state or federal court
<br />Subd. 2. In order to ascertain the source of ] ]U0
<br />S aJe `S1earC �SIIeIII JO aJUaIa P n
<br />Seattle, Washington; have studied the
<br />reducing, utilizing steam or hot air as a
<br />premises by fire or other catastrophe.
<br />challenging the Council's action, then the
<br />infection and reduce its spread, the Public O d01 m nau JO R'Sl S, a y�.,•�
<br />ql g U>X [H,
<br />-impacts that adult establishments have in
<br />Theses tudies
<br />Ijhipse communities. These stutlles have
<br />cleaning, relaxing or reducing agent, if the
<br />(ii) The licensee's illness.
<br />suspension or revocation shall be stayed until
<br />the conclusion of such action.
<br />Health Official, and persons under the Public ] „y
<br />Health Official's direction and control, shall 5 .=JJ3]agal UI 90
<br />-concluded that adult have
<br />service provided by the sauna is distinguished
<br />or characterized by an emphasis on "specifietl
<br />(iii) The licensee's death.
<br />(iv) A change in the legal status making
<br />(b) if the City Council determines not to
<br />have full power and authority to inspect or SU[M OMl g11M I)-£ Sl D9I[nE
<br />::sig rse Impact on the surrounding
<br />sexual activities" or "specified anatomical
<br />unlawful for licensed business to continue.
<br />renew a license, the licensee may continue its
<br />cause to be inspected, and to Issue orders
<br />I i(luoia f '0-b le gloq ploMXJt.
<br />,neighborhoods. Those Impacts include
<br />-increased crime rates, lower property
<br />p perry values,
<br />areas."
<br />(o) Adult Steam Room/8athhouse Facility: A
<br />Y
<br />(e) Each application shall contain a
<br />provision on the application in bold print
<br />business for fifteen (15) days atter receiving
<br />notice of such non-renewal. If the licensee
<br />regarding any commercial building, structure
<br />or premises, or any part thereof, which may k U[Aa}I Pue UOSIaPad g11M `JaA9MOq
<br />- in4mased transiency, neighborhood blight and
<br />building or portion of a building used for
<br />indicating that any withholding of information
<br />files and serves an action in state or federal
<br />be a site of high-risk sexual conduct. If the
<br />g `pees uaaq seq Sulgal[d aqy
<br />".potential health risks. Based on these studies
<br />ya d findings, the city council concludes:
<br />providing a steam bath or heat bathing room
<br />or the providing of false or misleading
<br />court within that Fifteen (15) days far the
<br />purpose of determining whether the City acted
<br />Public Health Official determines that a
<br />hazardous site as defined herein exists, the S 'Uleal aql ]O 9U01S1aU.fOP aql.
<br />a) Adult establishments have
<br />used
<br />ax for the purpose of pleasure, bathing,
<br />relaxafion, or reducing, utilizing steam or hot
<br />Information will be grounds for denial or
<br />revocation of a license. Any changes in the
<br />Properly, the licensee may continue in
<br />Public Health Official shall declare c to [
<br />et forte
<br />eS'bove. ry Impacts of the types set forth
<br />"v
<br />air as a cleaning, relaxing or reducing agent it
<br />provitled on the application or
<br />business until the conclusion of the action.
<br />ala
<br />public health hazard and public health
<br />dpi aged moa) panulluoa
<br />'� bove.
<br />y. (b) The adverse impacts caused by adult
<br />such building or portion of a builtling restricts
<br />provided during the Investigation shall be
<br />provitletl
<br />(c) s the City Council t,tedecides nothe to pant a
<br />license to an applicant, then the applicant
<br />nuisance and shall then:
<br />(a) Notify the manager, Owner, or tenant of
<br />'establishments tend to diminish if adult
<br />restablishments are governed by locational
<br />licensing
<br />minors by reason of age and ii the service
<br />provitletl by the steam momfbathhoue facility
<br />is distinguished m characterized by an
<br />brought to the attention of the City Council by
<br />theat
<br />the application or licensee. If said changes
<br />take place during the investigation, said data
<br />may
<br />rt within eft fince fteen 15'daon 1s torr thete y federal
<br />( ) Y purpose
<br />lth
<br />T
<br />Official has the reasonable beliefs site that the that the L "J
<br />pj L C7�
<br />V
<br />lJ
<br />rre uirements, requirements and
<br />q g q
<br />emphasis on "Specified sexual activities" or
<br />shall be provided to the Police Chief in writing
<br />of determining whether the City acted
<br />premises, building or structure is a hazardous
<br />health requirements.ro
<br />°- (c) It is no[ the intent of the city council to
<br />o
<br />u
<br />°specifietl anatomical areas."
<br />Subd. 4. Nude or Specified Anatomical
<br />antl they shall report the changes to the City
<br />Council. Failure to report said changes by the
<br />ere The licant shall not commence
<br />P , P u PPP
<br />doing business unless the action is concluded
<br />site as defined herein,
<br />(b) Issue two written warnings at least ten
<br />rohibit adult establishments from Navin
<br />rip g
<br />Areas:
<br />applicant(s) or the licensee may result in a
<br />in its favor.
<br />(10) days apart to the manager, owner, or
<br />- ,+masonable opportunity to locale in the city.
<br />-
<br />(a) Less than completely and opaquely
<br />denial or revocation of a license.
<br />Sec. 2. Title 600 of the Mounds View Cit Y
<br />tenant of the premises stating the specific
<br />°"•(d) Minnesota Statutes, Section 462.357,
<br />the city to adopt regulations to promote
<br />covered human genitals, pubic region,
<br />Subd. 4. Investigative Fee: Subdivision 1.
<br />Code is amended by adding a new chapter to
<br />read:
<br />reasons for the Public Health Official's opinion
<br />that the premises, building, or structure is a
<br />�,R49ows
<br />Tw public health, safety, morals and genote
<br />buttock, anus, or female breast(s) below a
<br />point Immediately above the top of the areola;
<br />The investigative fee for an adult
<br />establishment license shall be determined as
<br />Chapter 697608 — Premises Conducive
<br />hazardous site as defined herein,
<br />(fare.
<br />and
<br />follows:
<br />to High-Risk Sexual Conduct
<br />(c) Once such notices and warnings have
<br />- o The public health, safety, morals and
<br />b Human male genitals in a discernibly
<br />O g y
<br />(a) Upon applying for the license, the
<br />6974" 608.01 Purpose- The purpose of
<br />been issued, the Public Health Official or the
<br />
|