HomeMy WebLinkAboutOrdinance 734•
ORDINANCE 734
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 513 OF TITLE 500, BUSINESS,
SPECIFICALLY RELATING TO ADULT ESTABLISHMENTS
The Council of the City of Mounds View does hereby ordain:
SECTION 1: This section shall represent a summary of Ordinance 734, adopted by the
Mounds View City Council on Apri126, 2004, and shall be published along with the ordinance
title in lieu of the whole ordinance, as permitted by Mounds View City Charter Section 3.07:
SUMMARY
Ordinance 734 adopts amendments to Chapter 513 of the Mounds View City Code
relating to adult uses, the nature of such changes considered to be minor and
inconsequential to the overall intent and purpose of the City's adult use regulations. The
changes can be summarized as follows:
• Additional findings relating to the effects of adult businesses have been included;
• A "Purpose" section was added to bolster the argument that the ordinance is
content-neutral, not content-based;
• Definition section clarified with regard to minors;
• Districts in which adult establishments are permitted have been identified but not
changed;
• Parks identified as a an additional location such a business needs to be set back
from;
• Requirement that dancers provide the name, home address, telephone number, etc.
eliminated;
• Information required only from directors and officers of corporate applicants rather
than persons holding more than 5% of the stock of the company;
• License fee increased to more adequately reflect the cost related to processing of
Adult use applications and the ongoing work associated with such businesses.
Ordinance 734 in its entirety is available for public viewing at Mounds View City Hall and on
the City's website at http://www.ci.mounds-view.mn.us/ordsR34.pdf.
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Page 1
SECTION 2. Chapter 513 of the Mounds View City Code pertaining to "Adult
Establishments" is hereby amended with the proposed additions underlined and deletions
• ~t~:
513.01 Subd. 1. FINDINGS win o~ ~QOnc~: 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, WashingtonLSt. Croix County, Wisconsin; have studied the
impacts that adult establishments 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.
f. Adult establishments can contribute to an increase in criminal activity in the area
in which such businesses are located, taxing city crime-prevention programs and
law enforcement services.
g. Adult establishments can be used as fronts for prostitution and other criminal
activity. The experience of other cities indicates that the proper management and
operation of such businesses can, however, minimize this risk, provided the owners
and operators of such facilities are regulated by licensing or other procedures.
h. Adult establishments can increase the risk of exposure to communicable
diseases including but not limited to Acquired Immune Deficiency Syndrome (AIDS)
for which current~r there is no cure. Experiences of other cities indicate that such
businesses can facilitate the spread of communicable diseases by virtue of the
design and use of the premises, thereby endangering not only the patrons of such
establishments but also the general public.
• i. Adult establishments can cause or contribute to public health problems by the
presence of live adult entertainment in conjunction with food and/or drink on the
same premises.
Page 2
j. The risk of criminal activity and/or public health problems can be minimized
through a licensing and regulatory scheme as prescribed herein.
i
Subd. 2. PURPOSE: It is the purpose of this Ordinance to regulate Adult
Establishments to promote the health, safety, morals, and general welfare of the citizens of
the City and to establish reasonable and uniform regulations to:
a. Prevent additional criminal activity within the City;
b. Prevent deterioration of neighborhoods and its consequent adverse effect on
real estate values of properties within the neighborhood;
c. Locate adult establishments away from residential areas, schools, churches,
libraries, parks and playgrounds; and
d. Prevent concentration of Adult Establishments within certain areas of the City.
Subd. 3. CONTENT-NEUTRAL REGULATION: The provisions of this
Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including adult oriented materials. Similarly, it is
neither the intent nor effect of this Ordinance to restrict or deny access by adults to adult-
oriented materials protected by the First Amendment or to deny access by distributors and
• exhibitors of adult-oriented entertainment to their intended market.
513.02 DEFINITIONS:
Subd. 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. 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
• s- b. Any adult use as defined in subdivision 3 of this section.
Page 3
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 that w#is~ 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
of 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' sexual or erotic feelings or desire.
d. Adult Companionship Establishment: A business or establishment that excludes
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
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: Ahealth/sport club that
is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
g. Adult Hotel or Motel: A hotel or motel
{,Ted^^*aQ~- ~' ~"'"efe that presents material :-s-Fr~~te~ ~~~ ~s~s
distinguished or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas."
h. Adult Massage Parlor, Health Club: A massage parlor or health club w#isfi
that 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 "specified anatomical areas."
Page 4
j. Adult Modeling Studio: A business or establishment that provides customers 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, photographed, or otherwise depicted by such
customers.
k. Adult Motion Picture Arcade: Any place to which the public is permitted or invited
where coin orslug-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 to five or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized by
an emphasis on depicting or describing "specified sexual activities" or "specified
anatomical areas."
1. Adult Motion Picture Theater: A motion picture theater with a capacity of 50 or
more persons ~s~d--#o~rese~ting~atP~' ~f ~~ ~^" +Ma7~^r that as a prevailing
practice ~lu~es-+x-i~er~-f}y-r ^° ^~ ~f c~ ~^" presents material +s
distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
m. Adult Novelty Business: A business w#isl~ 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,
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 stimulation.
n. Adult Sauna: A sauna that ,
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."
o. 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
ag~a~-i# 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:
a. 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.
Page 5
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, 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.
513.03 LOCATION:
Subd. 1. Permitted Use. Adult establishments are permitted uses in the B-2 Limited
Business District, the B-3 Highway Business District, the B-4 Regional Business District,
the I-1 Industrial District, and the Planned Unit Development District.
Subd. 2. Restrictions on Location. No adult establishment may be {ocated within
500 feet of a residential zoning district, , a school, a church, a
library, a park, 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.
513.04 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.
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Page 6
513.05 ADDITIONAL CONDITIONS FOR ADULT CABARETS: 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.
b. No dancer, live entertainer, performer, patron or any other person shall be nude
in an adult cabaret.
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c. No dancer, live entertainer or performer shall be under 18 years old.
e: d. 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.
#: e. No dancer or performer shall perform any dance or live entertainment closer
than six 6 a-8 feet to any patron.
g- f. No dancer or performer shall fondle or caress any patron and no patron shalt
fondle or caress any dancer or performer.
~- g,,, No patron shall pay or give any gratuity to any dancer or performer.
+: h. No dancer or performer shall solicit any pay or gratuity from any patron.
513.06 LICENSE REQUIRED.
Subd. 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 officers
and directors ~"^c~ ^°rci+n~ hnliJinr. .,,i+ro +h~+., firm !C.\ .,orr.on4 .,f +ho ic~c+~ ~o.J r.nr1
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.
Page 7
d. A statement detailing any gross misdemeanor or felony convictions relating to sex
offenses, obscenity or the operation of an adult establishment or 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 ti., +h° °,., Tess °f .~,°r° +h~n f,.,° ~~~ .,en;~,~f t#~.1-rs.~°~-~,a
of the officers and directors of the corporation, and whether or not
those swr~er~ officers or directors 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.
f. The hours of operation.
g. The provisions made to restrict access by minors.
h. A building plan of the premises detailing all internal operations and activities.
Subd. 3. License Fee:
a. The annual license fee is $~89-99 $2,500.
b. Each application far 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. All licenses 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 of 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:
(1) Destruction or damage of the licensed premises by fire or other
catastrophe.
(2) The licensee's illness.
(3) The licensee's death.
(4) A change in the legal status making it unlawful for the licensed business
to continue.
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Page 8
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: 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.
The applicant shall either make an additional 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. 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 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.
Page 9
Subd. 6. Persons Ineligible for License: No license shall be granted to or held by any
person:
a. Undertwenty-one (21) years of age.
b. Who is overdue in payments to the City, county or
state of taxes, fees, fines or penalties assessed against them or imposed upon
them;
c. Who has been convicted of a gross
misdemeanor or felony if such conviction
eraflse relates +eg to sex offenses, obscenity offenses or adult establishments;
d. Who is not the proprietor of the establishment for which the license is to be
issued;
e. Who has been denied a license b the Cit or an other Minnesota munici al
corporation to operate an adult establishment or such license 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 lneligible for License: No license shall be granted to:
a Any adult establishment which is not in full
compliance 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.
b Any establishment that holds an intoxicating liquor, beer or wine license.
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.
Page 10
1
State of 1Vlnnr~esota ~ SS
cQ~~~y of Ramsey
Keri Solseth ,being duly swarn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as NF,W RRI(THTON RTTT.L.F.TIN ,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
which is attached was cut from the columns of said newspaper, and was printed and published once each
Tx
week, for 1 successive weeks; it was first published on WED. ,the 5 day of
MAY , 20 04 ,and was thereafter printed and published on every to and including
the day of , 20 ;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:
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
"ABCDEFGHIJKLMNOPORSTUVWXYZ
'abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me on
TH
this 5 day of MAY 20 04
Notary Public
TITLE ACCOUNTING ASSOCIATE
*Alphabet should be in the same size and kind of type as the notice.
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'A (~. ~°SifE~D
i~ESdT!! RATE INFORMATION
. „~6vs.3t,2.rM0.
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(1) Lowest classified rate paid by
commercial users for comparable space ............................................................$24.00 per col. inch
(2) Maximum rate allowed by law for the above matter ...........................................$20.49 per col. inch
(3} Rate actually charged for the above matter .......................................................$ per col, inch
1104
t
ORDINANCE 734.
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING
(;FI/-P`iER 5t 3 OF TITLE 500,
BUSINESS. SPECIFICALLY RELATING
TO ADULT ESTABLISHMENTS
The Council of the City of Mounds View
does hereby ordain:
SECTION t: This section shell
represent a summary of Ordinance T34,
adopted by the Mounds View City
Council on April 26, 2004, and shelf be
pub0ahed along with the ordinance title in
feu of the whole ordinance, as permitted
by Motmds View City Charter Section
3.07:
OrrSnarice 734 ndmerrts to
Charter 513 of the Mounds View City
Code r~atfrrg to adult uses, the nature of
such changes considered to be minor
8nd inconsequential to the overall' intent.
and purpose of the City's adult use
regulatWns. The changes can be
summarized as io0aws:
• Additional findings relating to the
effects of adua businesses nave been
krcltKfed;
• A Purpose' eection was 8dded to
bolster the argument that the ordinance is
ca»tent-neubal, trot content-based;
• O~effntBon sectton cle+gred wld- regra-d
1n minas;
• Districts in which adult establishments
are pem-itted nave been identiC+ed but net
•Parks id~entlffed as a an additlanal
~cat&In sudr a buslr~es6 needs fo be set
back from;
• Ret~tement that dancers provkle the
name. home edckess, te/epnona number,
eta eliminated;
• tnfon»atlon required only tram
directors and offJCers of corporate
applicants rather than persons hokfhrg
more then 5% of the stock Ot the
use tee increased to more:
adegrtaiely reNect the ooet related tc
pnooessk+g of Adult use appiFdtkons a--d
the ongoing work assodated -~ such
businesses.
Ordinance 734 in its ereirety is avaNabMa
for public viewing at Mounds View City
Hail and ort the City's website at
(Bulletin: May 5.2004)
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