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<br />Item No: 8 <br />Meeting Date: April 5, 2004 <br />Type of Business: Worksession <br />Administrator Review: _____ <br />City of Mounds View Staff Report <br />To: Honorable Mayor and Mounds View City Council <br />From: James Ericson, Community Development Director <br />Item Title/Subject: Review and Discuss Proposed Amendments to Chapter <br />513 of the Mounds View Municipal Code Pertaining to <br />Adult Uses <br /> <br />Introduction: <br /> <br />As the Council will recall, the City Attorney was directed to review Mounds View’s adult use <br />ordinance after staff identified a discrepancy in the Code relating to adult use setbacks. The <br />Council adopted Ordinance 730 on January 26, 2004 to allow time to accomplish this review. <br />Kennedy & Graven’s review is complete and is attached for the Council’s consideration. <br /> <br />Discussion: <br /> <br />Kennedy & Graven has reviewed Chapter 513 of the City Code and recommend adoption <br />of an ordinance to implement the changes identified below: <br /> <br />1. Add additional findings related to the effects of adult businesses; <br /> <br />2. Add a "Purpose" section to bolster the argument that the ordinance is content-neutral, <br />not content-based; <br /> <br />3. Eliminate the reference to excluding minors in the definition section (the business will be <br />an adult business if it otherwise meets the definition and minors are prohibited in a <br />different section of the ordinance); <br /> <br />4. Specify the districts in which adult establishments are permitted; <br /> <br />5. Strike Public Facilities (PF) zoning district, add “parks” to restriction on locations list; <br /> <br />6. Eliminate the requirement that dancers provide the city with name, home address, <br />telephone number, etc. (this came up in a lawsuit they defended and it may cause <br />problems); <br /> <br />7. Limit the request for information from directors and officers of corporate applicants <br />(rather than persons holding more than 5% of the stock of the company -- courts have <br />questioned and struck down similar provisions); <br /> <br />8. License fee – The City should follow up on its costs related to processing Adult use <br />applications and consider raising the fee if justified; and <br /> <br />9. Other relatively minor changes. <br />