HomeMy WebLinkAboutOrdinance 574
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ORDINANCE NO. 574
AN ORDINANCE REGULATING ADULT ESTABLISHMENTS,
PREMISES, CONDUCIVE TO HIGH RISK SEXUAL CONDUCT,
ADDING CHAPTERS 5t2 513 AND 6f}7 608 AND AMENDING
CHAPTERS 1113 AND 1116 OF THE MOUNDS VIEW CITY
CODE.
THE CITY OF MOUNDS VIEW ORDAINS:
Section 1. Title 500 of the Mounds View City Code is amended by adding a new chapter
to read:
(;h::lpter:'H-9; ~11 - Adult RstRhlishments
512.01 513.01 Findines ::Ind Purpose. Studies conducted by the Minnesota
attorney general, the American Planning Association and cities such as St. Paul;
Indianapolis; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona;
Los Angeles, California; Seattle, Washington; have studied the impacts that adult
establishment have in those communities. These studies have concluded that adult
establishments have adverse impact on the surrounding neighborhoods. Those
impacts include increased crime rates, lower property values, increased transiency,
neighborhood blight and potential health risks. Based on these studies and
findings, the city council concludes:
(a) Adult establishments have adverse secondary impacts of the types set forth
above.
(b) The adverse impacts caused by adult establishments tend to diminish if
adult establishments are governed by locational requirements, licensing
requirements and health requirements.
(c) It is not the intent of the city council to prohibit adult establishments from
having a reasonable opportunity to locate in the city.
(d) Minnesota Statutes, Section 462.357, allows the city to adopt regulations
to promote the public health, safety, morals and general welfare.
(e) The public health, safety, morals and general welfare will be promoted by
the city adopting regulations governing adult establishments.
512.03 513.03 Definitions. Subdivision 1. The following terms have the
meanings given them below.
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Subd. 2. Adult Establishment. A business engaged in any of the following
activities or which utilizes any of the following business procedures or practices:
(a) a business that is conducted exclusively for the patronage of adults and as
to which minors are specifically excluded from patronage, either by
operation of law or by the owners of such business, except any business
licensed under Chapters 501, 502, ahd 503 503, and 514 of the Mounds
View City Code;
(b) any business that has (1) at least 30% of its inventory, stock and trade or
publicly displayed merchandise, or (2) at least 30 % of the floor area of the
business (not including storerooms, stock areas, bathrooms, basements or
any portion of the business not open to the public) devoted to items,
merchandise or other materials distinguished or characterized by an
emphasis on material depicting, exposing, describing, discussing or relating
to specified sexual activities or specified anatomical areas; or
(c) any adult use as defined in subdivision 3 of this section.
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Subd. 3. Adult Use. An adult use is any of the activities and businesses
described below:
(a) Adult Body Painting Studio: An establishment or business which provides
the service of applying paint or ot~er substance, whether transparent or
non-transparent, to the body of a patron when such person is nude.
(b) Adult Bookstore: An establishment or business 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 business 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 (1) at least 30 % of the inventory, stock
and trade or publicly displayed merchandise, or (2) at least 30% of the
floor area of the business (not including storerooms, stock areas,
bathrooms, basements or any portion of the business not open to the public)
is devoted to items, merchandise or other material distinguished or
characterized by an emphasis on the depiction or description of "specified
sexual activities" or "specified anatomical areas."
(c)
Adult Cabaret. A business or establishment that provides dancing or other
live entertainment to patrons if the dancing and live entertainment is
distinguished or characterized by an emphasis on the presentation, display,
depiction of matter that seeks to evoke, arouse or excite the patrons I sexual
or erotic feelings or desire.
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(d)
Adult Companionship Establishment: A business or establishment that
excludes minors by reason of age, and 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."
( e) Adult Conversation/Rap Parlor: A business or establishment that excludes
minors by reason of age, and which provides the services 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."
(f) Adult Health/Sport Club: A health/sport club which excludes minors by
reason of age, if such club is distinguished or characterized by an emphasis
on "specified sexual activities" or "specified anatomical areas."
(g)
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Adult Hotel or Motel: A hotel or motel from which minors are specifically
excluded from patronage and where material is presented which is
distinguished or characterized by an emphasis on matter depicting, de-
scribing or relating to "specified sexual activities" or "specified anatomical
areas. " .
(h) Adult Massage 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."
(i) Adult Mini-Motion Picture Theater: A business or establishment with a
capacity for less than 50 persons used for presenting material if such
material is distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "spec-
ified anatomical areas."
(j) Adult Modeling Studio: A business or establishment that provides custom-
ers 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, photo-
graphed, or otherwise depicted by such customers.
(k)
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Adult Motion Picture Arcade: Any place to which the public is permitted
or invited where coin or slug-operated or electronically, electrically or
mechanically controlled or operated still or motion picture machines,
projectors or other image-producing devices are maintained to show images
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(n)
(a)
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to five or fewer persons per machine at anyone 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."
(1)
Adult Motion Picture Theater: A motion picture theater with a capacity of
50 or more persons used for presenting material if such theater as a pre-
vailing 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.
(m)
Adult Novelty Business: A business which has (1) at least 30% of its
inventory, stock and trade or publicly displayed merchandise, or (2) at least
30 % of the floor area of the business (not including storerooms, stock
areas, bathrooms, basement or any portion of the business not open to the
public) devoted to items, merchandise or other material or devices which
stimulate human genitals or devices which are designed for sexual stimula-
tion.
Adult Sauna: A sauna which excludes minors by reason of age, and which
provides a steam bath or heat bathing room used for the purpose of bathing,
relaxation, or reducing, utilizing steam or hot air as a cleaning, 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."
(0) Adult 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 and 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."
Subd.4.
Nude or Specified Anatomical Areas:
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
(b)
Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
Subd. 5. Specified Sexual Activities.
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(a)
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 relationship, and any
of the following sexually-oriented acts or conduct: anilingus, buggery,
coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerastia; or
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal
or tumescence; or
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
(d) Fondling or touching of nude human genitals, pubic region, buttocks, or
female breast( s); or
(e) 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 persons; or
(f)
Erotic or lewd touching, fondling or other sexually oriented contact with
an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
512.05 513.05 T 'ocMion. No adult establishment may be located within 500 feet
of a residential zoning district, apark, public facilities zoning district, a school, a
church, a library or a commercial day care center or within 500 feet of another
adult establishment. Distances shall be measured from the nearest point of the
building where the adult establishment is located to the nearest boundary of the
residential zoning district or of the property containing a park, school, church,
library, commercial day care center or other adult establishment.
512.07 513.07 Hours of OperMion. No adult establishment may be open to the
public between the hours of 1:00 a.m. and 10:00 a.m.
512.09.513.09. Aciciition~l C.onditions for Adult C.~h~rets. The following
additional conditions apply to adult cabarets:
(a)
No owner, operator or manager of an adult cabaret shall permit or allow
any dancer or other live entertainer to perform nude.
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(b)
No dancer, live entertainer, performer, patron or any other person shall be
nude in an adult cabaret.
(c) The owner, operator or manager of an adult cabaret shall provide the
following information to the city concerning any persons who dance or
perform live entertainment at the adult cabaret: The person's name, home
address, home telephone number, date of birth and any aliases.
(d) No dancer, live entertainer or performer shall be under 18 years old.
(e) All dan~ing or live entertainment shall occur on a platform intended for that
purpose and which is raised at least two feet from the level of the floor.
(t) No dancer or performer shall perform any dance or live entertainment
closer than 10 feet to any patron.
(g) No dancer or performer shall fondle or caress any patron and no patron
shall fondle or caress any dancer or performer.
(h) No patron shall payor give any gratuity to any dancer or performer.
(i)
No dancer or performer shall solicit any payor gratuity from any patron.
512.11513.11 Lieense Rf>A}lIirecl. Subdivision 1. No person shall own or operate
an adult establishment without having fIrst secured a license as provided for in this
subsection.
Subd. 2. Application: The application for an adult establishment license
shall be submitted on a form provided by the City and shall include:
(a) If the applicant is an individual, the name, residence, phone number, and
birthdate of the applicant. If the applicant is a partnership, the name,
residence, phone number, and birthdate of each general and limited partner.
If the applicant is a corporation, the names, residences, phone numbers,
and birthdates of all those persons holding more than five (5) percent of the
issued and outstanding stock of the corporation.
(b) The name, address, phone number, and birthdate of the operator and
manager of such operation, if different from the owners.
(c) The address and legal description of the premises where the adult
establishment is to be located.
(d)
A statement detailing any gross misdemeanor or felony convictions relating
to sex offenses, obscenity or the operation of an adult establishment or
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adult business by the applicant, operator or manager and whether or not the
applicant, operator or manager has ever applied for or held a license to
operate a similar type of business in other communities. In the case of a
corporation, a statement detailing any felony convictions by the owners of
more than five (5) percent of the issued and outstanding stock of the
corporation, and whether or not those owners have ever applied for or held
a license to operate a similar type of business in other communities.
(e)
The activities and types of business to be conducted.
(t)
The hours of operation.
(g)
(h)
The provisions made to restrict access by minors.
A building plan of the premises detailing all internal operations and
activities.
Subd. 3: License Fee:
(a) The annual license fee is $500.00.
(b)
Each application for a license shall be submitted to the Clerk-Administrator
and payment made to the City. Each application for a license shall be
accompanied by payment in full of the required license fee. Upon rejection
of any application for a license, the City shall refund the license fee.
(c) Alllicerises shall expire on the last day of June in each year. Each license
shall be issued for a period of one (1) year, except that if a portion of the
license year has elapsed when the application is made, a license may be
issued for the remainder of the year for a pro rated fee. In computing such
fee, any unexpired fraction of a month shall be counted as one (1) month.
(d) No part bf the fee paid by any license shall be refunded, except that a pro
rata portion of the fee shall be refunded in the following instances upon
application to the Clerk-Administrator within 30 days from the happening
of the event, provided that such event occurs more than 30 days before the
expiration of the license:
(i) Destruction or damage of the licensed premises by fire or other
catastrophe.
(ii) The licensee's illness.
(iii) The licensee's death.
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(iv) A change. in the legal status making unlawful for licensed business
to continue.
(e) Each application shall contain a provision on the application in bold print
indicating that any withholding of information or the providing of false or
misleading information will be grounds for denial or revocation of a
license. Any changes in the information provided on the application or
provided during the investigation shall be brought to the attention of the
City Council by the application or licensee. If said changes take place
during the investigation, said data shall be provided to the Police Chief in
writing and they shall report the changes to the City Council. Failure to
report said changes by the applicant(s) or the licensee may result in a denial
or revocation of a license.
Subd. 4. Investigative Fee: Subdivision 1. The investigative fee for an
adult establishment license shall be determined as follows:
(a) Upon applying for the license, the applicant shall pay $500.00 per person
identified on the application as an owner, operator or manager.
(b)
If it appears that the investigative costs will exceed $500.00, the Clerk-
Administrator shall notify the applicant and give the applicant an estimate
of costs. 'I)1e applicant shall either make an additional deposit equal to the
differen~e between $500.00 and the total estimate, or shall withdraw the
application. If the additional deposit is not paid within 14 days, the
application shall be deemed withdrawn.
(c) If the costs of administration, issuance and investigation are less than the
deposit, the balance shall be refunded upon the issuance or denial of the
license. No license shall be issued until the applicant has paid the entire
cost of administration, issuance and investigation.
Subd. 5. Granting of License:
(a) The Police Chief or such other designated person shall complete the
investigation within 30 days after the Clerk-Administrator receives a
complete application and all license and investigative fees.
(b) If the application is for a renewal, the applicant shall be allowed to continue
business until the Council has determined to renew or refuse to renew a
license.
(c)
If, after such investigation, it appears that the applicant and the place
proposed for the business are eligible for a license under the criteria set
forth in this subsection, then the license shall be issued by the City Council
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within 30 days after the investigation is completed. Otherwise the license
shall be denied.
(d)
Each license shall be issued to the applicant only and shall not be
transferable to another holder. Each license shall be issued only for the
premises described in the application. No license may be transferred to
another premise without the approval of the City Council. If the a licensee
is a partnership or a corporation, a change in the identity of any of the
principals of the partnership or corporation shall be deemed a transfer of
the license. All adult establishments existing at the time of the adoption of
this subsection shall be required to obtain an annual license.
Subd. 6.. Persons Ineligible for License: No license shall be granted to or
held by any person:
(a) Under twenty-one (21) years of age.
(b) Who is overdue or whose spouse is overdue in his or her payment to the
City, county or state of taxes, fees, fines or penalties assessed against them
or imposed upon them;
(c)
Who has been convicted or whose spouse has been convicted of a gross
misdemeanor or felony or of violating any law of this state or local ordinance
relating to sex offenses, obscenity offenses or adult establishments;
(d) Who is not the proprietor of the establishment for which the license is issued;
( e) Who is residing with a person who has been denied a license by the City or
any other Minnesota municipal corporation to operate an adult
establishment, or residing with a person whose license to operate an adult
establishment has been suspended or revoked within the preceding twelve
(12) months;
(t) Who has not paid the license and investigative fees required by this
subsection.
Subd. 7 Places Ineligible for License:
(a)
No license shall be granted for adult establishments on any premises where
the applicant or any of its officers, agents or employees has been convicted
of a violation of this subsection, or where any license hereunder has been
revoked for cause, until one (1) year has elapsed after such conviction or
revocation.
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(b)
No license shall be granted for any adult establishment which is not in full
complia1'1ce with the City Code, the City's zoning ordinance, the Building
Code, the Fire Code, the City's Health Regulations and all provisions of
state and federal law.
Subd. 8 Conditions of License:
(a) Every license shall be granted subject to the following conditions and all
other provisions of this subsection, and of any applicable sections of the
City Code, the City's zoning ordinance, the Building Code, the Fire Code,
the City's Health Regulations and all provisions of state and federal law.
(b) All licensed premises shall have the license posted in a conspicuous place
at all times.
(c) No minor shall be permitted on the licensed premises.
(d) Any designated inspection officer of the City shall have the right to enter,
inspect, and search the premises of a licensee during business hours. .
(e)
Every licensee shall be responsible for the conduct of his/her place of
busbless and shall maintain conditions of order.
(:t) No adult goods or material services shall be offered, sold, transferred,
conveyed, given, displayed, or bartered to any minor.
(g) No merchandise or pictures of the products or entertainment sold or conducted on
the premises may be displayed in the window areas or in any area where they can
be viewed from a sidewalk in front of the building.
(h) The window areas may not be covered or made opaque in any way. No sign may
be placed in any window. A one square foot sign may be placed on the door of the
business to state the hours of operation and that admittance is to adults only.
Subd. 9 Penalty:
(a) Any person violating any provlSlon of this section is guilty of a
misdemeanor and upon conviction shall be punished not more than the
maximum penalty for a misdemeanor as prescribed by state law.
(b)
Any violation of this section shall be a basis for the suspension or
revocation of any license granted hereunder. In the event that the City
Council proposes to revoke or suspend the license, the licensee shall be
notified in writing of the basis for such proposed revocation or suspension.
The Council shall hold a hearing for the purpose of determining whether to
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revoke or suspend the license, which hearing shall be within thirty (30)
days of the date of the notice.
(c)
The City Council shall determine whether to suspend or revoke a license
within thirty (30) days after the close of the hearing or within 60 days of
the date of the notice, whichever is sooner, and shall notify the licensee of
its decision within that period.
Subd. 10. Right of Appeal:
(a) In the event that the Council determines to suspend, or revoke a license,
such suspension or revocation shall not be effective until fifteen (15) days
after notification of the decision to the licensee. If, within that fifteen (15)
days, the licensee files and serves an action in state or federal court
challenging the Council's action, then the suspension or revocation shall be
stayed until the conclusion of such action.
(b)
If the City Council determines not to renew a license, the licensee may
continue its business for fifteen (15) days after receiving notice of such
non-renewal. If the licensee files and serves an action in state or federal
court within that fifteen (15) days for the purpose of determining whether
the City acted properly, the licensee may continue in business until the
conclusion of the action.
(c) If the City Council decides not to grant a license to an applicant, then the
applicant may commence an action in state or federal court within fifteen
(15) days for the purpose of determining whether the City acted properly.
The applicant shall not commence doing business unless the action is
concluded in its favor.
Sec. 2. Title 600 of the Mounds View City Code is amended by adding a new chapter to
C.hapter 6ft1 nOR - Premi~e~ C.ononeive to H;eh-R;~k Sexnal c.ononct
G07.01 608.01 Pnrpose. The purpose of this section of the City Code is to
prescribe regulations governing commercial premises, buildings, and structures that
are conducive, by virtue of design and use, to high-risk sexual conduct which can
result in the spread of sexually transmitted diseases to persons frequenting such
premises, buildings, and structures.
G07.03.608.03 Finoine~ of the C.ity C.onnci1. The City Council of the City of
Mounds View makes the following findings regarding the need to regulate
commercial premises, buildings, and structures that are conducive to the spread of
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communicable disease of danger to persons in order to further the substantial
interest of public health:
(a) The experience of other cities establishes that certain commercial premises,
buildings, and structures, or parts thereof, by reason of the design and use
of such premises, buildings, or structures are conducive to the spread of
communicable disease of danger to persons frequenting such premises,
buildings, or structures, as well as to the general public, and that the risk
of spreading infectious and contagious diseases can be minimized by
regulating such commercial premises, buildings, and structures.
(b) The experience of other cities where such commercial premises, buildings,
and structures are present indicates that the risk of spreading the sexually
transmittable disease of Acquired Immune Deficiency Syndrome (AIDS) is
increased by the presence of such premises, buildings, and structures,
because. the design or use of such premises, buildings, and structures, or
parts thereof can facilitate high-risk sexual conduct.
(c)
Medical publications of the Center for Disease Control of the United States
Department of Health and Human Services indicate that the sexually
transmittable disease of AIDS is currently irreversible and uniformly fatal.
Medical research has further established that the risk factors for obtaining
or spreading AIDS are associated with high risk sexual conduct.
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G07.05. 608.05 Definitions. The following words and phrases when used in this
section shall have the following meanings unless the context indicates otherwise:
(a) Booths, st~l1s, or partitiont>AI portions of a room or inoivioual room: (i)
enclosures specifically offered to persons for a fee or as an incident to
performing high-risk sexual conduct, or (ii) enclosures which are part of a
business operated on the premises which offers movies or other
entertainment to be viewed within the enclosure, including enclosures
wherein movies or other entertainment is dispensed for a fee.
The phrase "booths, stalls, or partitioned portions of a room or individual
room" does not mean enclosures which are private offices used by the
owners, managers or persons employed by the premises for attending to the
tasks of their employment, and which are not held out to the public or
members of the establishment for hire or for a fee or for the purpose of
viewing movies or other entertainment for a fee, and are not open to any
persons other than employees.
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(b)
Doors, curtains or portal partitions: full, complete, non-transparent closure
devices through which one cannot see or view activity taking place within
the enclosure.
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(c)
Hazardous site: any commercial premises, building or structure, or any
part thereof, which is a site of high-risk sexual conduct as defmed herein.
(d) High-risk sexual conduct:
(i) fellatio;
(ii) anal intercourse;, and/or
(iii) vaginal intercourse with persons who engage in sexual acts in
exchange for money.
(e) Open to an adjaC'.P.nt puhlic room so that the arf'~ inside is visihle to persons
in the adjaC'.P.nt puhlic room: either the absence of any entire "door, curtain
or portal partition" or a door or other device which is made of clear,
transparent material such as glass, plexiglass or other similar material
meeting building code and safety standards, which permits the activity
inside t~e enclosure to be entirely viewed or seen by persons outside the
enclosure.
(t) Puhlic hf'~lth official: an agent or employee of the city charged with the
enforcement of the state or local health laws.
G07.07. 608.07. Puhlic Hf'~1th Reeulatiom:. Subdivision 1. No commercial
building, structure, premises or part thereof, or facilities therein shall be so
constructed, used, designed or operated in the City for the purpose of engaging in,
or permitting persons to engage in, sexual activities which include high-risk sexual
conduct.
Subd. 2. No person shall own, operate, manage, rent, lease, or exercise control
of any commercial building, structure, premises, or portion or part thereof in the
City, which contains:
(a) Partitions between subdivisions of a room, portion or part of a building,
structure or premises having an aperture which is designed or constructed
to facilitate sexual activity, including but not limited to vaginal intercourse,
anal intercourse, or fellatio, between persons on either side of the partition.
(b)
"Booths, stalls, or partitioned portions of a room or individual room" as
defined herein which have "doors, curtains or portal partitions" as defined
herein unless such booths, stalls, partitioned portions of a room or
individual room have at least one side open to an adjacent public room so
that the area inside is visible to persons in the adjacent public room as
defined herein. Booths, stalls, andlor partitioned portions of a room or
individual room that are so open to an adjacent public room shall be lighted
in a manner that the persons in the area used for viewing motion pictures
or other forms of entertainment are visible from the adjacent public rooms,
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but such lighting shall not be of such intensity as to prevent the viewing of
the motion pictures or other offered entertainment.
G07.09. 608.09. Exceptinn~. The regulations set forth in this section shall not
apply to premises, buildings, or structures that are lawfully operating and licensed.
as hotels, motels, apartment complexes, condominiums, townhomes, or boarding
houses which are subject to other general health and sanitation requirements under
state and local law .
GO? .11. 608.11. Hf'~ lth Enforcement Powers. Subdivision 1. In exercising
powers conferred by this or any other section of this Code relating to
communicable diseases, the Public Health Official shall be guided by the most
recent instructions, opinions and guidelines of the Center for Disease Control of
the United States Department of Health and Human Services which relate to the
spread of infectious diseases.
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Subd. 2. In order to ascertain the source of infection and reduce its spread,
the Public Health Official, and persons under the Public Health Official's direction
and control, shall have full power and authority to inspect or cause to be inspected,
and to issue orders regarding any commercial building, structure or premises, or
any part thereof, which may be a site of high-risk sexual conduct. If the Public
Health Official determines that a hazardous site as defined herein exists, the Public
Health Official shall declare it to be a public health hazard and public health
nuisance and shall then:
(a) Notify the manager, owner, or tenant of the hazardous site that the Public
Health Official has reasonable belief that the premises, building or structure
is a hazardous site as defined herein,
(b) Issue two written warnings at least ten (10) days apart to the manager,
owner, or tenant of the premises stating the specific reasons for the Public
Health Official's opinion that the premises, building, or structure is a
hazardous site as defmed herein,
(c) Once such notices and warnings have been issued, the Public Health
Official or the Public Health Official's appointee shall proceed as follows:
(1)
After the manager, owner or tenant of the premises has been
notified in writing as to the basis of the Public Health Official's
determination, the manager, owner or tenant shall have ten (10)
days from the date of the last warning to request a hearing before
the Public Health Official or the Public Health Official's appointee
for the determination as to the existence of such hazardous site. If
the manager, owner or tenant of the premises does not request a
hearing within ten (10) days of the date of the last warning notice,
.
RLD83713
MU125-25
14
.
(2)
.
the Public Health Official shall then cause the premises to be posted
with a warning advising the public that the premises have been
declared a hazardous site and the Public Health Official shall cause
orders to be issued to the manager, owner or tenant of the premises
constituting the hazardous site to take specified corrective measures
to prevent high-risk sexual conduct from taking place within the
premises.
If the manager, owner, or tenant of the premises requests a hearing,
the hearing shall be held before the Public Health Official or the
Public Health Official's appointee at a date not more than thirty
(30) days after demand for a hearing. After considering all
evidence, the Public Health Official or the Public Health Official's
appointee shall make a determination as to whether the premises
constitute a hazardous site, as defined herein and issue a decision
based upon all hearing evidence presented. If the Public Health
Official or the Public Health Official's appointee makes a
determination that the premises constitute a hazardous site, the
.l?ublic Health Official shall then issue orders to the manager,
owner, or tenant of the premises to take corrective measures to
prevent high-risk sexual conduct from taking place within the
premises and cause the premises to be posted with a warning
advising the public that the premises have been declared a hazardous
site.
(3) If, within thirty (30) days from issuance of the orders to the
manager, owner, or tenant of the hazardous site, the Public Health
Official determines that such corrective measures have not been
undertaken, the Public Health Official may order the abatement of
the hazardous site as a public nuisance, which shall be enforced by
mandatory or prohibitory injunction in a court of competent
jurisdiction, or may secure a court order for the closure of the
premises constituting the hazardous site until the premises, building,
or structure is in compliance with the regulations set forth in Section
9.14 of this section.
G07.13. 608.13. rrimin~l Pen~1ties. Any person violating any provision of this
chapter or any person who removes, destroys or defaces warnings posted on
premises by the Public Health Official pursuant to this chapter shall be guilty of a
misdemeanor.
.
Sec. 3. Section 1113.02, subd. 2, and Section 1116.02 of the Mounds View City Code
is amended by adding the following provision:
RLD83713
MU125-25
15
.
Adult establishments as defined and regulated in Chapter ill 5130f the City
Code.
Sec. 4. Effective Date. This ordinance is effective thirty days after its publication.
Read by the City Council of the City of Mounds View this .~ ~ day of
{~Lp/~ , t995 1996.
Read and passed by the City Council of the City of Mounds View, Minnesota this ~
day of '~~"aI' . ..' t995 1996.
f2Sr~
Mayo - .
ATTEST:
07fJ~ LX2~
Clerk-Administrator t
.
Approved as to form:
~~~~ C'
City Attorney
.
RLD83713
MU125-25
16
N TheOdn - r a 1 i e , being duly sworn, on oath says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as Nevi ghtnn Bull 1 pti n and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as
a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed
Ordinance No.574
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 _ successive weeks; it was first published on W_e�� the
22nd day of May 19.6_, and was thereafter printed and published on every
to and including , the day of , 19; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the
notice:
VL
'abcdefghijklmnopgrstumxyz BY:
TITLE' l/l/
Subscribed and sworn to before me on
this 22nd day of May 19 96 .
Notary Public
`Alphabet should be in the same size and kind of type as the notice.
a
STEPHANIE K. MICHEL pt
NOTARYPUBLIC-MINNESOTA RATE INFORMATION
RAMSEY COUNTY
My Ca scion FxPrees JAN 31, 2dbp
(1) Lowest classified rate paid by
commercial users for comparable space..........................$14.10 per col. inch
(2) Maximum rate allowed by law for the above matter..................$9.56 per col. inch
(3) Rate actually charged for the above matter ..................... $ per col. inch
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establishments.
64261 513.03 Definitions Subdivision 1.
The following terms have the meanings given
them below.
Subd. 2. Adult Establishment. A business
engaged in any of the following activities or
which utilizes any of the following business
Procedures or practices:
(a) a business that is conducted exclusively
for [he patronage of adults and as to which
minors are specifically excluded from
patronage, either by operation of law or by the
owners of such business, except any
business licensed under Chapters 501, 502,
end -861 503, and 514 of the Mounds View
City Code;
(b) any business that has (1) at least 30% of
Its inventory, stock and trade or publicly
displayed merchandise, or (2) at least 30% of
the floor area of the business (not including
storerooms, stock areas, bathrooms,
basements or any portion of the business not
open to the public) devoted to items,
merchandise or other materials distinguished
or characterized by an emphasis on material
depicting. exposing, describing, discussing or
relating to specified sexual activities or
specified anatomical areas; or
(c) any adult use as defined in Subdivision 3
of this section.
Subd. 3. Adult Use. An adult use is any of
the activities and businesses described
below:
(a) Adult Body Painting Studio: An
establishment or business which provides the
service of applying paint or other substance,
whether transparent or non -transparent, to the
body of a patron when such person Is nude.
(b) Adult Bookstore: An establishment or
business 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 business is not
open to the public generally but only to one or
more classes of the public, excluding any
minor by mason of age, or If (1) at least 30%
of the inventory, stock and trade or publicly
displayed merchandise, or (2) at least 30% of
the floorarea of the business (not including
storerooms, stock areas, bathrooms,
basements or any portion of the business not
open to the public) is devoted to Items,
merchandise or other material distinguished
or characterized by an emphasis on the
depiction or description of "specified sexual
activities" or "Specified anatomical areas."
(c) Adult Cabaret. A business or
establishment that provides dancing or other
live entertainment to patrons if the dancing
and live entertainment is distinguished or
characterized by an emphasis on the
presentation, display, depiction of matter that
seeks to evoke, arouse or excite the patrons'
sexual or erotic feelings or desire.
(d) Adult Companionship Establishment: A
business or establishment that excludes
minors by reason of age, and 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."
(a) Adult Conversation/Rap Parlor: A
business or establishment that excludes
minors by reason of age, and which provides
the services 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."
(f) Adult Health/Sport Club: A health/sport
club which excludes minors by reason of age,
if such club Is distinguished or characterized
by an emphasis on "specified sexual
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Subd. 5. Specified Sexual Activities.
(a) 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 relationship, and
any of the following sexually -oriented acts or
conduct: anilingus, buggery, coprophagy,
coprophilla, cunnilingus, fellatio, necrophilia,
pederasty, pedophllla, piquedsm, sapphism,
zooerastia; or
(b) Clearly depicted human genitals In the
state of sexual stimulation, arousal or
tumescence; or
(c) Use of human or animal ejaculation,
sodomy, oral copulation, coitus, or
masturbation; or
(d) Fondling or touching of nude human
genitals, pubic region, buttocks, or female
breast(s); or
(e) 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 persons; or
(1) Erotic or lewd touching, fondling or other
sexually oriented contact with an animal by a
human being; or
(g) Human excretion, urination,
menstruation, vaginal or anal irrigation.
842.68 513.05 Location No adult
establishment may be located within 500 feet
of a residential zoning district, apaAr, public
facilities zoning district, a school, a church, a
library or a commercial day care center or
within 500 feet of another adult establishment.
Distances shall be measured from the nearest
point of the building where the adult
establishment Is located to the nearest
boundary of the residential zoning district or of
the property containing a park, school,
church, library, commercial day care center or
other adult establishment.
87243 513.07 Hours of Operation No
adult establishment may be open to the public
between the hours of 1:00 a.m. and 10:00
a.m.
872,66 513.09 Additional Conditions for
Adult Cabaretg, The fallowing additional
Conditions apply to adult cabarets:
(a) No owner, operator or manager of an
adult cabaret shall permit or allow any dancer
or other live entertainer to perform nude.
(b) No dancer, live entertainer, performer,
patron or any other person shall be nude in an
adult cabaret.
(c) The owner, operator or manager of an
adult cabaret shall provide the following
Information to the city concerning any persons
who dance or perform live entertainment at
the adult cabaret: The person's name, home
address, home telephone number, date of
birth and any aliases.
(d) No dancer, live entertainer or performer
shall be under 18 years old.
(e) All dancing or live entertainment shall
occur on a platform intended for that purpose
and which is raised at least two feet from the
level of the floor.
(t) No dancer or performer shall perform any
dance or live entertainment closer than 10 _
feet to any patron.
(g) No dancer or performer shall fondle or
caress any patron and no patron shall fondle
or caress any dancer or performer.
(h) No patron shall pay or give any gratuity
to any dancer or performer.
(1) No dancer or performer shall solicit any
pay or gratuity from any patron.
642 513.11 Lleanse Required Sub-
division 1. No person shall own or operate an
adult establishment without having first
"cured a license as provided for In this
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applicant shall pay $500.00 per person
identified on the application as an owner,
operator or manager.
(b) If It appears that the investigative costs
will exceed $500.00, the Clerk -Administrator
shall notify the applicant and give the
applicant an estimate of costs. The applicant
shall either make an additlonat deposit equal
to the difference between $500.00 and the
total estimate, or shall withdraw the
application. If the additional deposit Is not paid
within 14 days, the application shall be
deemed withdrawn.
(c) If the Costs of administration, issuance
and investigation are less than the deposit,
the balance shall be refunded upon the
issuance or denial of the license. No license
shall be issued until the applicant has paid the
entire cost of administration, issuance and
investigation.
Subd. 5. Granting of License:
(a) The Police Chief or such other
designated person shall complete the
Investigation within 30 days after the Clerk -
Administrator receives a complete application
and all license and investigative fees.
(b) I1 the application Is for a renewal, the
applicant shall be allowed to continue
business until the Council has determined to
renew or refuse to renew a license.
(c) If, after such investigation, it appears that
the applicant and the place proposed for the
business are eligible for a license under the
criteria set forth in this subsection, then the
license shall be issued by the City Council
within 30 days after the investigation is
completed. Otherwise the license shall be
denied.
(d) Each license shall be issued to the
applicant only and shall not be transferable to
another holder. Each license shall be Issued
only for the premises described in the
application. No license may be transferred to
another premise without the approval of the
City Council. If the licensee is a partnership or
a corporation, a change in the identity of any
of the principals of the partnership or
corporation shall be deemed a transfer of the
license. All adult establishments existing at
the time of the adoption of this subsection
shall be required to obtain an annual license.
Subd. 6. Persons Ineligible for License: No
license shall be granted to or held by any
person:
(a) Under twenty -ane (21) years of age;
(b) Who is overdue or whose spouse Is
overdue in his or her payment to the City,
county or state of taxes, fees, fines or
penalties assessed against them or imposed
upon them;
(c) Who has been convicted or whose
spouse has been convicted of a grass
misdemeanor or felony or of violating any law
of this state or local ordinance relating to sex
offenses, obscenity offenses or adult
establishments;
(d) Who is not the proprietor of the
establishment for which the license is issued;
(e) Who is residing with a person who has
been denied a license by the City or any other
Minnesota municipal corporation to operate
an adult establishment, or residing with a
person whose license to operate an adult
establishment has been suspended or
revoked within the preceding twelve (12)
months;
(f) Who has not paid the license and
investigative fees required by this subsection.
Subd. 7. Places Ineligible for License:
(a) No license shall be granted for adult
establishments on any premises where the
applicant or any of Its officers, agents or
employees has been convicted of a violation
If this subsection, of where any license
hereunder has been revoked for cause, until
one (1) year has elapsed after such conviction
or revocation.
(b) No license shall be granted for any adult
estahlishment whish is not in full emmnlianca
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ARM he CLe erl areal nrescri
this section of dd i
the City Cotle s to prescribe
regulations governing commercial premises,
buildings, and structures that are conducive,
by virtue of design and use, to high-risk
sexual Conduct which can result In the spread
of sexually transmitted diseases to persons
frequenting such premises, buildings, and
structures.
867.-02 608.03 Findinga of the City
Council The City Council of the City of
Mounds View makes the following findings
regarding the need to regulate commercial
premises, buildings, and structures that are
conducive to the spread of communicable
disease of danger to persons in order to
further the substantial Interest of public health:
(a) The experience of other cities
establishes that certain commercial premises,
buildings, and structures, or parts thereof, by
reason of the design and use of such
premises, buildings, or structures are
conducive to the spread of communicable
disease of danger to persons frequenting
such premises, buildings, or structures, as
well as to the general public, and that the risk
of spreading infectious and contagious
diseases can be minimized by regulating such
commercial premises, buildings, and
structures.
(b) The experience of other cities where
such commercial premises, buildings, and
structures are present indicates that the risk
of spreading the sexually transmittable
disease of Acquired Immune Deficiency
Syndrome (AIDS) is increased by the
presence of such premises, buildings, and
structures, because the design or use of such
premises, buildings, and structures, or parts
thereof can facilitate high-dsk sexual conduct.
(c) Medical publications of the Center for
Disease Control of the United States Depart-
ment of Health and Human Services indicate
that the sexually transmittable disease of
AIDS is currently irreversible and uniformly
fatal. Medical research has further established
that the risk factors for obtaining or spreading
AIDS are associated with high risk sexual
Conduct.
86;48 608.05 pefinitiona The following
words and phrases when used in this section
shall have the following meanings unless the
context indicates otherwise:
(a) Booths stalls or partitioned Portions
Q1 vroom or Ind' 'dual mom: (1) enclosures
specifically offered to persons fora fee or as
an incident to performing high-risk sexual
conduct, or (it) enclosures which are part of a
business operated on the premises which
offers movies or other entertainment to be
viewed within the enclosure, including
enclosures wherein movies or other
entertainment is dispensed for a fee.
The phrase "booths, stalls, or partitioned
portions of a room or individual room" does
not mean enclosures which are private offices
used by the owners, managers or persons
employed by the premises for attending to the
tasks of their employment, and which are not
held out to the public or members of the
establishment for hire or for a fee or for the
purpose of viewing movies or other
entertainment for a fee, and are not open to
any persons other than employees.
(b) Doors. curtains or portal Partitions:
full, complete, non -transparent closure
devices through which one cannot see or view
activity taking place within the enclosure.
(c) HAZOrdous site: any commercial
premises, building or structure, or any part
thereof, which is a site of high-risk sexual
conduct as defined herein.
(d) High-risk sexual conduct:
(1) fellatio:
(it) anal Intercourse; and/or
(iii) vaginal intercourse with persons who
engage in sexual acts in exchange for money.
(e) Open to an adjacent publ- r om s
that the area Inside Is visible to Persons In
the adlacent nubile room: either the
Public Health Official's appKintee shall
proceed as follows:
(1) After the manager, owner or tenant of
the premises has been notified in writing as to
the basis of the Public Health Official's
determination, the manager, owner or tenant
shall have ten (10) days from the date of the
last warning to request a hearing before the
Public Health, Official or the Public Health
Official's appointee for the determination as to
the existence of such hazardous site. If the
manager, owner or tenant of the premises
does not request a hearing within ten (10)
days of the date of the last warning notice, the
Public Health Official shall then cause the
premises to be posted with a warning advising
the public that the premises have been
declared a hazardous site and the Public
Health Official shall cause Orders to be Issued
to the manager, owner or tenant of the
premises Constituting the hazardous sites to
take specified corrective measures to prevent
high-risk sexual conduct from taking. place
within the premises.
(2) 11 the manager, owner, or tenant of the
premises requests a hearing, the hearing
shall be held before the Public Health Official
or the Public Health Official's appointee at a
date not more than thirty (30) days alter'
demand for a hearing. After considering all
evidence, the Public Health Official or the
Public Health Official's appointee shall make a
determination as to whether the premises
constitute a hazardous site, as defined herein
and issue a decision based upon all hearing
evidence presented. If the Public Health
Official or the Public Health Official's
appointee makes a determination that the
premises constitute a hazardous site, the
Public Health Official shall then Issue orders
to the manager, owner, or tenant of the
premises to take corrective measures to
prevent high-risk sexual conduct from taking
place within the premises and cause the
premises to be posted with a warning advising
the public that the premises have been
declared a hazardous site.
(3) If, within thirty (30) days from issuance of
the orders to the manager, owner, or tenant of
the hazardous site, the Public Health Official
determines that such corrective measures
have not been undertaken, the Public Health;
Official may order the abatement of the,
hazardous site as a public nuisance, which'
shall be enforced by mandatory or prohibitory;
injunction in a court of competent jurisdiction,'
or may secure a court order for the closure of
the premises constituting the hazardous site,
until the premises, building, or structure is in,
compliance with the regulations set forth in,
Section 9.14 of this section.
867.42 608.13 Criminel Penalties Any;
person violating any provision of this chapter,
or any person who removes, destroys or
defaces warnings posted on premises by the
Public Health Official pursuant to this chapter
shall be guilty of a misdemeanor.
Sec. 3. Section 1113.02, subd. 2, and
Section 1116.02 of the Mounds View City'
Code is amended by adding the following
provision:
Adult establishments as defined and,
regulated in Chapter 642 513 of the City
Cade.
Sec. 4. Effective Date. This ordinance is:
effective thirty days after its publication.
Read by the City Council of the City of
Mounds View this 22nd day of April, 4666
1996.
Read and passed by the City Council of the
City of Mounds View, Minnesota this 13th day
of May, 4668 1996.
/a/ Jerome W. Linke
Mayor
ATTEST;
Paul Harrington
Clerk -Administrator
(Bulletin: May 22, 1996)
(g) Adult Hotel or Motel: A hotel ar motel
Subd. 2. Application: The application for an
With the City Code, the City's zoning
absence of any entire "door, curtain or portal ygd Ile joj suOTlepuat11luo3w 1a*wjg70
Is
/tom which minors are specifically excluded
adult establishment license shall be submitted
ordinance, the Building Code, the Fire Cede,
partition" or a door or other device which
a IAOJd saucoA snot:
made of clear, transparent material such as qlp�- 2M
from patronage and where material is
on a form provided by the City and shall
Include:
the City's Health Regulations and all
provisions of state and federal law.
glass, plexiglass or other similar material O Plans Pea JOT SUO UaultuoPal
; q q ]
presented which Is phasic on tl er
characterized by an emphasis on matter
(a) If the applicant is an individual, the
Subd. O. Conditions of License:
meeting building code and safety standards, UO11dlImSUOP ysg ]O IPS aleJedaSe
depicting, describing or relating to -specified
name, residence, phone number, and
(a) Every license shall be gamed subject to
which permits the activity inside the enclosure
to be entirely viewed or seen by persons `S1UaU!$a61Um]a]Igl 9AIj OlU11dd185[s%w
sexual activities" or "specified anatomical
birthdate of the applicant. It the applicant is a
partnership, the name, residence, phone
the following conditions and all other
provisions of this subsection, and of any
outside the enclosure. JaMO[ aqJ Sap1Ag),SJOSIApe Mau OULL
areas"
(h) Adult Message Parlor, Health Club: A
massage Parlor or health club which restricts
number, and birthdate of each general and
limited partner. If the applicant is a
applicable sections of the City Code, the
City's zoning ordinance, the Building Code,
(f) Public health o(figial: an agent or uoplo[
employee of the city charged with the
local health laws. )I M11011SOS0[P IaAO age JO Shed aSogi U[
minors by reason of age, and which provides
corporation, the names, residences, phone
the Fire Code, the City's Health Regulations
federal law.
enforcement of the state or
697,3 608.07 Public Health Regulations. adsa—JDAIJ aql SO(IManS QUIDS 2001e
the services of massage, If such service is
distinguished or characterized by an
numbers, and birthdates of all those persons
holding more than five (5) percent of the
and all provisions of state and
(b) All licensed premises shall have the
]O
Subdivision 1. No commercial building, aPadSgSgaUIOS]OUOndI]�1SUOPlUanlya9
emphasis on 'specified sexual activities" or
issued and outstanding stock of the
license posted in a conspicuous place at all
structure, premises or part thereof, or facilities a
be MOUl?8U011ePU9UTIg00W aUDgj,'Saglo
"specified anatomical areas."
(1) Adult Mini-Motion Picture Theater: A
corporation.
(b) The name, address, phone number, and
times.
(c) No minor shall be permitted on the
therein shall so constructed, used,
designed or operated in the City for the
f tmj, alp j0 gins ldchsstssllW agl]O suou
business or establishment with a capacity for
birthdate of the operator and manager of such
licensed premises.
purpose of engaging in, or permitting persons
d hte aIO Suo uat R.Troom aleledaS
]
less than 50 persons used for presenting
operation, if different from the owners.
(d) Any designated inspection officer of the
to engage In, sexual activities which Include
high-risk sexual conduct.
panssi Seq HCN `.Goslnpy uondlmisuoD
material if such material is distinguished or
(e) The address and legal description of the
City shall have the right to enter, Inspect, and
characterized by an emphasis on matter
premises where the adult establishment is to
search the premises of a licensee during
Subd. 2. No person shall own, operate, el multa.W 9661 pagBalat,(IMaU SR UI
depicting, describing or relating to "specified
be located.
business hours.
,
manage, rent, lease, or exemise control of-IddIS51 ,ISMO a O SUOgIOd a1Dos
55•!W 11PJ
sexual activities" or "specified anatomical
(d) A statement detailing any gross
(e) Every licensee shall be responsible for
the conduct of his/her place of business and
any commercial building, structure, premises, .
or portion or part thereof in the City, which UIOJ] qsg ]O UOt1dunisU0P SugUBSaJ 50011
areas."
(j) Adult Modeling Studio: A business or
misdemeanor or felony convictions relating to
sex offenses, obscenity or the operation of an
shall maintain conditions of order.
contains: lumfoom SnotAwd Sit poxgal seq (HCW
establishment that provitles customers figure
adult establishment or adult business by the
(1) No adult goods or material services shall
(a) Partitions between subdivisions of a O7Um aU
building, structure or g71mH3 uraud9Q elos ugnl a U .
models who are so provided with the intent of
applicant, operator or manager and whether
be offered, sold, transferred, conveyed, given.
room, portion or part of a
providing sexual stimulation or sexual
or not the applicant, operator or manager has
displayed, or bartered to any minor.
premises having an aperture which is
gratification to such customers and who
'specified
ever applied for or held a license to operate a
(g) No merchandise or pictures of the
or entertainment sold or conducted
designed or constructed to facilitate sexual
activity, including but not limits tl to vaginal �7
�sa�L"I
engage in casual activities" or
similar Type of business in other communities.products
.OSiep�
•
display "specified anatomical areas" while
In the case of a corporation, a statement
on the premises may be displayed in the
window areas or in any area where they can
intercourse, anal intercourse, or fellatio, ,
between persons on either side of the
-
being observed, painted, painted upon,
sketched, drawn, sculptured, photographed,
detailing any felony convictions by the owners
of more than five (5) percent of the issued and
be viewed from a sidewalk in front of the
partition. IM a n m PS a ,Ca OA m
"Booths, II [ p q II g II qS.
or otherwise depicted by such customers.
(k) Adult Motion Picture Amade: Any place
outstanding stock of the corporation, and
whether or not those owners have ever
building.
(h) The window areas may not be covered
(b) stalls, or partitioned portions of •
a room or individual room" as defined herein „Bale JaAage V!d
"doors,
to which the public is permitted or invited
applied for or held a license to operate a
or made opaque in any way. No sign may be
which have curtains or portal 1 tfPInO3 aM 5CI[eolq"OmaQ '110110
where coin or slug-operated or electronically,
similar type of business in other communities.
placed in any wintlow. A one square foot sign
Partitions" as defined herein unless such ,(IPA SUO 9IDOP 1, jllUUl10dd0 -
le wwp
electrically or mechanically controlled or
(e) The activities and types of business to
may be placed on the door of the business to
booths, stalls, partitioned portions of a room
or individual room have at least one side open ]O adAl Stgj,,, •PIES rag
operated still or motion picture machines,
projectors or other image-producingdevices
be conducted.
(f) The hours o1 operation. -
P
state the hours of operation and that
admittance is to adults one y
to an adjacent public room so that the area O UI SuIUUe d O S70 S,3jo
7 13 I q.L„
are maintained to show images to five or
(g) The provisions made to restrict access
Subtl. 9. Penalty:
inside Is visible to persons in the adjacent O SUtJdS a
1661 J ql
fewer persons per machine at any one time,
and where the Images so displayed are
by minors.
(h) A building plan of the premises detailing
(a) Any person violating any provision of this
section is guilty of a misdemeanor and upon
public room as defined herein. Booths, stalls,
and/or partitioned portions of a room or ul ul$aq IpM uopmsuoa lege `[lath
distinguished or characterized by an
all internal operations and activities.
conviction shall be punished not more than
individual room that are so open to an S002 211TIPAJ9A0 ]I `sadoq aq plus
adjacent public roam shall be lighted in a
emphasis on depicting or describing
"specified sexual activities" or "specified
Subd. 3. License Fee:
(a) The annual license tee is $500.00.
the maximum penalty for a misdemeanor as
prescribed by state law.
manner that the Persons in the area used for i U[;)mjgan)I pug pala[dtuoo = M!P3C]
anatomical areas."
(b) Each application for a license shall be
(b) Any violation of this section shall be a
viewing motion pictures or other forms of Oq) ]O SSUIMeJp AJL'ultullatd -
(1) Adult Motion Picture Theater: A motion
submitted to the Clerk-Administrator and
basis for the suspension or revocation of any
entertainment are visible from the adjacent
rooms, but such lighting shall not be of r j d Ol SaPe[ d
picture [heater with a capacity of 50 or moa
persons used for presenting material if such
payment made to the City. Each application
for a license shall be accompanied by
license granted hereunder. In the event that
the City Council proposes to revoke or
public
such Intensity as to prevent the viewing of the ) Pam.Cagj,,, -ulaM[gang pies „`WkEu
theater as a prevailing practice excludes
payment in full of the required license fee.
suspend the license, the licensee shall be
motion pictures or other offered 1 aq) UI ]lolls Su1Mcus 7salse]-Puons
minors by reason of age or If such material is
Upon rejection of any application for a license,
notified in writing of the basis for such
entertainment.
aql SI MOU 149P 1111303110A,,
- ORDINANCE NO. 574
distinguished or characterized by an
the City shall refund the license fee.
proposed revocation or suspension. The
697,99 608.09 Exceirtions. The regulations
ORDINANCE REGULATING ADULT
ESTABLISHMENTS, PREMISES
emphasis on "specified sexual activities" or
(c) All licenses shall expire on the last day of
Council shall hold a hearing for the purpose of
-determining the
set forth in this section shall not apply to
buildings, or structures that are �I
"specified anatomical areas" for observation
June in each year. Each license shall be
whether to revoke or suspend
premises,
US aged mol] panupuoj
CONDUCIVE TO HIGH RISK SE
SEXUAL
XUAL
by patrons.
issued for a period of one (1) year, except that
license, which hearing shall be within thirty
lawfully operating and licensed as hotels,
CONDUCT, ADDING CHAPTERS 642
AND 797608 AND AMENDING CHAPTERS
(m) Adult Novelty Business: A business
which has (1) at least 30% of its inventory,
If a portion of the license year has elapsed
when the application is made, a license may
(30) days of the date of the notice.
(c) The City Council shall determine whether
motels, apartment complexes, condominiums,
townhomes, or boarding houses which are
���
1 pp j
��
• J113 AND 1116 OF THE MOUNDS VIEW
stock and trade or publicly displayed
be issued for the remainder of the year for a
to suspend or revoke a license within thirty
subject to other general health and sanitation
• . .
CITY CODE.
"FHE CITY OF MOUNDS VIEW ORDAINS:
500
Section 1. Title 500 of the Mounds View City
merchantlise, or (2) at least 30% Of the floor
area of the business (not inclutling
bathrooms,
pro rated tee. In computing such tee, any
unexpired fraction of a month shall be
as one (1) month.
(30) days after the close of the hearing or
within 60 days of the date of the notice,
whichever is sooner, and shalnotify the
requirements under stale and local law.,",'„
n 608.11 Health Enforcement
Powers. Subdivision 1. In exercising powers
^QQ� • - • /y��w,�
T/�T �`O
glz
'CSecisamende addinganew chapter to
'read:
storerooms, stock areas,
basement or any portion of the business not
counted
(d) No part of the fee paid by any license
licensee of its decision within that period.
Li l•{l•�
conferred b this or an other section of this J1
,J•
'
t Chapter 731513—Adult Establishments
open to the public) devoted to items,
Ierchandise or other material or devices
shall be refunded, except that a pro rata
portion of the fee shall be refunded In the
Subd. 10. Right of Appeal:
(a) In the event that the Council determines
Code relating to communicable diseases, the .
Public Health Official shall be guided by the
k •gntpS pWS
633,93 513.01 Findings end Purpose
,Stutlies conductetl by the Minnesota attorney
which stimulate human genitals or devices
following instances upon application to the
Clerk-Administrator within 30 days from the
to suspend, or revoke a license, such
suspension or revocation shall not be
most recent instructions, opinions and „(
guidelines of the Center for Disease Control 1 01 ] KfMAll a ]O pooS 001 Sill tJ -
.general, the American Planning Association
which are designed for sexual stimulation.
(n) Adult Sauna: A sauna which excludes
happening of the event, provided that such
effective until fifteen (15) days after
of the United States Department of Health
Human Services relate to the 7 pto SuilArld dams [[,oM„ -uomb
,and cities such as St. Paul; Indianapolis;
Alexandria, Minnesota; Rochester, Minnesota;
minors by reason of age, and which provides
for
event occurs more than 30 days before the
expiration of [he license:
notification of the decision to the licensee. If,
within that fifteen (15) days, the licensee files
and which
spread of infectious diseases. i IXau tnlgJngnS gpoH aql 01 81nn1A'p�
''hoenix, Arizona; Los Angeles, California;
a steam bath or heat bathing room used
the Purpose of bathing, relaxation, or
(I) Destruction or damage of the licensed
and serves an action in state or federal court
Subd. 2. In order to ascertain the source of ] ]U0
S aJe `S1earC �SIIeIII JO aJUaIa P n
Seattle, Washington; have studied the
reducing, utilizing steam or hot air as a
premises by fire or other catastrophe.
challenging the Council's action, then the
infection and reduce its spread, the Public O d01 m nau JO R'Sl S, a y�.,•�
ql g U>X [H,
-impacts that adult establishments have in
Theses tudies
Ijhipse communities. These stutlles have
cleaning, relaxing or reducing agent, if the
(ii) The licensee's illness.
suspension or revocation shall be stayed until
the conclusion of such action.
Health Official, and persons under the Public ] „y
Health Official's direction and control, shall 5 .=JJ3]agal UI 90
-concluded that adult have
service provided by the sauna is distinguished
or characterized by an emphasis on "specifietl
(iii) The licensee's death.
(iv) A change in the legal status making
(b) if the City Council determines not to
have full power and authority to inspect or SU[M OMl g11M I)-£ Sl D9I[nE
::sig rse Impact on the surrounding
sexual activities" or "specified anatomical
unlawful for licensed business to continue.
renew a license, the licensee may continue its
cause to be inspected, and to Issue orders
I i(luoia f '0-b le gloq ploMXJt.
,neighborhoods. Those Impacts include
-increased crime rates, lower property
p perry values,
areas."
(o) Adult Steam Room/8athhouse Facility: A
Y
(e) Each application shall contain a
provision on the application in bold print
business for fifteen (15) days atter receiving
notice of such non-renewal. If the licensee
regarding any commercial building, structure
or premises, or any part thereof, which may k U[Aa}I Pue UOSIaPad g11M `JaA9MOq
- in4mased transiency, neighborhood blight and
building or portion of a building used for
indicating that any withholding of information
files and serves an action in state or federal
be a site of high-risk sexual conduct. If the
g `pees uaaq seq Sulgal[d aqy
".potential health risks. Based on these studies
ya d findings, the city council concludes:
providing a steam bath or heat bathing room
or the providing of false or misleading
court within that Fifteen (15) days far the
purpose of determining whether the City acted
Public Health Official determines that a
hazardous site as defined herein exists, the S 'Uleal aql ]O 9U01S1aU.fOP aql.
a) Adult establishments have
used
ax for the purpose of pleasure, bathing,
relaxafion, or reducing, utilizing steam or hot
Information will be grounds for denial or
revocation of a license. Any changes in the
Properly, the licensee may continue in
Public Health Official shall declare c to [
et forte
eS'bove. ry Impacts of the types set forth
"v
air as a cleaning, relaxing or reducing agent it
provitled on the application or
business until the conclusion of the action.
ala
public health hazard and public health
dpi aged moa) panulluoa
'� bove.
y. (b) The adverse impacts caused by adult
such building or portion of a builtling restricts
provided during the Investigation shall be
provitletl
(c) s the City Council t,tedecides nothe to pant a
license to an applicant, then the applicant
nuisance and shall then:
(a) Notify the manager, Owner, or tenant of
'establishments tend to diminish if adult
restablishments are governed by locational
licensing
minors by reason of age and ii the service
provitletl by the steam momfbathhoue facility
is distinguished m characterized by an
brought to the attention of the City Council by
theat
the application or licensee. If said changes
take place during the investigation, said data
may
rt within eft fince fteen 15'daon 1s torr thete y federal
( ) Y purpose
lth
T
Official has the reasonable beliefs site that the that the L "J
pj L C7�
V
lJ
rre uirements, requirements and
q g q
emphasis on "Specified sexual activities" or
shall be provided to the Police Chief in writing
of determining whether the City acted
premises, building or structure is a hazardous
health requirements.ro
°- (c) It is no[ the intent of the city council to
o
u
°specifietl anatomical areas."
Subd. 4. Nude or Specified Anatomical
antl they shall report the changes to the City
Council. Failure to report said changes by the
ere The licant shall not commence
P , P u PPP
doing business unless the action is concluded
site as defined herein,
(b) Issue two written warnings at least ten
rohibit adult establishments from Navin
rip g
Areas:
applicant(s) or the licensee may result in a
in its favor.
(10) days apart to the manager, owner, or
- ,+masonable opportunity to locale in the city.
-
(a) Less than completely and opaquely
denial or revocation of a license.
Sec. 2. Title 600 of the Mounds View Cit Y
tenant of the premises stating the specific
°"•(d) Minnesota Statutes, Section 462.357,
the city to adopt regulations to promote
covered human genitals, pubic region,
Subd. 4. Investigative Fee: Subdivision 1.
Code is amended by adding a new chapter to
read:
reasons for the Public Health Official's opinion
that the premises, building, or structure is a
�,R49ows
Tw public health, safety, morals and genote
buttock, anus, or female breast(s) below a
point Immediately above the top of the areola;
The investigative fee for an adult
establishment license shall be determined as
Chapter 697608 — Premises Conducive
hazardous site as defined herein,
(fare.
and
follows:
to High-Risk Sexual Conduct
(c) Once such notices and warnings have
- o The public health, safety, morals and
b Human male genitals in a discernibly
O g y
(a) Upon applying for the license, the
6974" 608.01 Purpose- The purpose of
been issued, the Public Health Official or the