HomeMy WebLinkAbout04-03-1996 • MOUNDS VIEW PLANNING COMMISSION
APRIL 03, 1996
7:00 P.M.
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes: March 06, 1996 (Received in Previous Packet)
4. Citizens Requests and Comments from the Floor:
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES.
5. Consideration of Resolution No. 441-96, Conditional Use Permit Request for a
• Conditional Use Permit Extension Request for a Temporary Accessory Structure, Church
Upon the Rock/Northside Christian School, 7901 Red Oak Drive, Planning Case No. 436-
95.
6. Consideration of Resolution No. 443-96, Development Review for an Accessory Building,
and Resolution No. 446-96, and Resolution No. 446-96 Variance Request to the Corner
Lot Setback and Rear Yard Setbacks,Richard Wolens, 2661 County Road I, Planning
Case No. 437-96.
7. Consideration of Resolution No. 444-96, Variance Request to Side Yard Setback, Fina,
2280 County Road I, Planning Case No. 438-96.
8. Consideration of Resolution No. 445-96, Supporting Adult Use Code
9. Staff Report
10. Chairman's Report
11. Adjournment
AGENDA SESSION
(Immediately Following Regular Meeting)
•
1. Continued discussion of Sign Ordinance revision
• MEMORANDUM
TO: PLANNING COMMISSION
FROM: JOYCE PRUITT,PLANNING ASSOCIATE
DATE: March 25, 1996
SUBJECT: CHURCH UPON THE ROCK, 7901 RE
A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONTI
NUED
USE OF A TEMPORARY STRUCTUREDOAK DRIVE,EXTENSION OF
PROPERTY,PL ON RESIDENTIALLY ZONED
PLANNING CASE NO. 436-95
•
Church Upon the ROClc/Northside Christian School requested
conditional use permit for a temporary � steel their application for an extension of a
Playing Commission Meeting.pstructure at 7901 Red Oak Drive be tabled until the April 3, 1996
allow the applicant Commission
onditio tin time The plan better space utilization toPlanning Commissionctabled ne inside
for Church Upon the Rock to
Resolution No. 441-96 for approval/denial inside the principle structure.
may note,the resolutions have items in italichas�i�h premaypared for your review and consideration. As you
following discussions of space utilization of the principle
be changed on theat the rtl 03, 1996 meeting,
princi le building on property.
• If you have any questions,please do not hesitate to contact me at 784-3055.
•
• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 441-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN EXTENSION OF A
CONDITIONAL USE PERMIT FOR A TEMPORARY ACCESSORY STRUCTURE,
CHURCH UPON THE ROCK, 7901 RED OAK DRIVE,
PLANNING CASE NO. 436-95
WHEREAS, Church Upon the Rock has made application for a Conditional Use
Permit to allow for the continued use of a temporary structure at 7901 Red Oak Drive;
and
WHEREAS, In 1988, the Mounds View City Council gave approval for a
Conditional Use Permit for the placement of a temporary structure on the property; and
WHEREAS, the approved City Council resolution contained a "sunset" clause,
which effectively revoked the permit after a five-year period; and
• WHEREAS, in 1993, the CityCouncilgranted an extension of one year to the
original approval; and
WHEREAS, in 1994, the City Council granted an extension of two years to the
original approval; and
WHEREAS, a total of eight years have been extended to the Conditional Use
Permit for temporary structures on the premises; and
WHEREAS, Church Upon the Rock has requested an additional two-year
extension of the Conditional Use permit; and
WHEREAS, Church Upon the Rock has submitted plans to the Planning
Commission specifying current space utilization and strategies for more efficient use of
the principle building space; and
WHEREAS, the Planning Commission has reviewed the request and found it to
be in conformance with applicable City Codes.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
• Commission recommends to the City Council approval of the requested two-year
extension of a Conditional Use Permit for a temporary structure for Church Upon the
Rock, 7901 Red Oak Drive, contingent upon the following:
•
RESOLUTION NO. 441-96
PAGE 2 OF 2
APRIL 03, 1996
1. The Conditional Use Permit shall be recorded with Ramsey County and a
copy of such receipt shall be submitted to the City of Mounds View.
2. The temporary structures must be removed from the property by July,
1998.
3. The Conditional Use Permit shall become null and void in the event the
property is sold or transferred.
Adopted this 3rd day of April, 1996
ATTEST:
Chairperson •
(SEAL)
Planning Associate
S
• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 441-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING DENIAL OF AN EXTENSION OF A
CONDITIONAL USE PERMIT FOR A TEMPORARY ACCESSORY STRUCTURE,
CHURCH UPON THE ROCK, 7901 RED OAK DRIVE,
PLANNING CASE NO. 436-95
WHEREAS, Church Upon the Rock has made application for a Conditional Use
Permit to allow for the continued use of a temporary structure at 7901 Red Oak Drive;
and
WHEREAS, In 1988, the Mounds View City Council gave approval for a
Conditional Use Permit for the placement of a temporary structure on the property; and
WHEREAS, the approved City Council resolution contained a "sunset" clause,
which effectively revoked the permit after a five-year period; and •
WHEREAS, in 1993, the City Council granted an extension of one year to the
original approval; and
WHEREAS, in 1994, the City Council granted an extension of two years to the
original approval; and
WHEREAS, a total of eight years have been extended to the Conditional Use
Permit for temporary structures on the premises; and
WHEREAS, Church Upon the Rock has requested an additional two y -r
extension of the Conditional Use permit without any definitive plans for relocating the
temporary classrooms; and
WHEREAS, the Planning Commission has reviewed the request and found it not
be in conformance with applicable City Codes.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends to the City Council denial of the requested two-year
extension of a Conditional Use Permit for a temporary structure for Church Upon the
Rock, 7901 Red Oak Drive, based upon the following:
1. The temporary structures, originally only allowed on a temporary basis for
five years, have been granted continued extensions for a period of eight
RESOLUTION NO. 441-96 •
PAGE 2 OF 2
APRIL 03, 1996
years.
2. In the eight years granted for the temporary structures, Church Upon the
Rock has been unable to provide definitive plans to resolve the need for
the temporary structures on the property.
3. Church Upon the Rock has discussed the opportunity of utilizing space in
side the principle structure for the use which is currently housed in the
temporary classrooms.
Adopted this 3rd day of April, 1996
ATTEST:
Chairperson
(SEAL)
Planning Associate
•
. .
ft
,1_..,46.. Northside C(Lristiun School
l
7901 Red Oak Drive N.E.
i lik
Mounds View, MN 551 -12
786-8632
Our school is an accredited member of the
Association of Christian Schools International.
Dec 20, 1995 '
1 `y , a5
Mounds View Planning Commission
City of Mounds View
2401 Highway 10 '"
Mounds View, MN 55112
Attn: Joyce Pruitt
RE: Extension of Resolution No.2320:
Resolution approving conditional use permit for a temporary accessory structure
to be placed in a R-1 District at 7901 Red Oak Drive, Church Upon the Rock&
Northside Christian School.
•
Dear Commissioners:
Church Upon the Rock& Northside Christian School respectfully requests a two year extension of
Resolution 2320. The accessory structure is being used by the Church and Northside Christian
School as classrooms and is vital to both entities.
At this time the Church is attempting to negotiate an amicable settlement on the Rice Creek Center
in New Brighton which was purchased in 1992 to house the Church and the School facilities, but
was denied special use permits to do so. Due to the complications caused by the inability of
Church Upon the Rock& Northside Christian School to move into the Rice Creek facility, more
eff•rth. •--. • . -• •. 'ii i. _.. .. .. - o_ •_- • - • - e cChu.,
school. 1
At the time of this letter, however, it appears that the situation will soon be resolved in regard to the
Rice Creek center and the Church&the school can once again look at other options.
Because all options regarding the direction of Church Upon the Rock&Northside Christian School
will need considerable communication between Church leadership and school leadership,we
respectfully request a two-year extension of the resolution previously numbered#2320.
We sincerely appreciate and thank you for your consideration of this matter.
Sincerely,
0 L___Z--;:c-- i.--
Bruce Reagan (J
Northside Christian School Principal
^±,.d/!"1 O:!r school is a mAmhpr of th
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CITY OF MOUNDS VIEW
PLANNING APPLICATION
APPLICANT:CW6.ic.1 (//a,r j ,e/(//47 /7,0-( C//,-r��,,,.s Phone 7/ Aso?
• ADDRESS: 77a/ ,ea--. . i4.( D.C. ,4< /�/.�/,,c/f ��•
Street Address, City, State, and Zip Code
Interest in Property (check appropriate box):
Jar Owner of Property
❑ Contract for Deed Owner
❑ Lessee, Operator, Manager
❑ Agreement to Purchase _
❑ Other (explain)
Documentary evidence of applicant's interest in the property may be required before final City action of this request.
PROPERTY INVOLVED:
Address/General Location 7 1 °/ ,2r ) 0,4Z ,&- ,J.c £- / �,f7i/ il
Legal Description or Property Identification Number
Legal Owner: Name/Address
Present Use (check appropriate box):
❑ UndevelopedNacant
❑ Single Family Dwelling
O Duplex/Two Family Dwelling
III ❑ Multi-Family (No. of Units )
❑ Business/Commercial Establishment
0x Industrial Establishment ' /
( Other (explain) Ch' /s‘..L
Property Classification: 0 Abstract ❑ Torrens
REQUEST: ,6r.e�v/� ,-/c S,' eeci," vie %,, ,:i' F,, jc,rri- ,6i,44 y c.,/
/
/'‘ /e4 Cr S« .A'//l ri A..
*Please note: Applicant may be responsible for additional fees associated with the review of this request
I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRU- 40, c4-
Signature 9
Rezoning $200/acre.minimum$200.maximum$1,000 Park Fund Dedication Fee
Variance R-1 to R-2-$75,all others$200 Date Paid
Conditional Use Permit R-1 to R-2-$75, all others$200 Receipt Number
Code Appeal $75
Deveioo./Site Plan Review $100/acre.minimum 100,maximum $500 Total Fees Paid '75 no
Minor Subdivision 5150 Date Paid ;A-3.o -y 5 `
Major Subdivision $250 plus$250 deposit Receipt Number 59.- --7 .:- .--
Comp. Plan Amendment $200
Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid
• Wetland Buffer Permit $10 Date Paid
Planning Sign $50 Receipt Number
PUD $350 p
PUD Amendment $150 Date of final action
APPROVED 0 DENIED ❑ TABLED ❑
Date / - " a 6 PlanningCase No. -.2(.
.2(IJ — 1
Admin.Account No. jl ifk}'
• MEMORANDUM
TO: PLANNING COMMISSION
FROM: JOYCE PRUITT,PLANNING ASSOCIATE
DATE: March 30, 1996
SUBJECT: RICHARD WOLENS, 2661 COUNTY ROAD I, VARIANCE TO THE CORNER
LOT SETBACK AND SIDE YARD SETBACKS,AND DEVELOPMENT
REVIEW,PLANNING CASE NO. 437-96
Mr. Richard Wolens,owner of North Suburban Schwinn,has made application for a development review
to allow the placement of a 50'x 26'accessory building to be located at 2661 County Road I. This
property is currently zoned B-2 (Limited Business District). This application also requires a variance for
the proposed location of the accessory building.
The required setbacks for a B-2 property are: 30 feet for the front yard setback, 10 feet for the side yard
and 20 feet for the rear yard. For a corner property,like this abutting Mounds View Drive and County
Road I,the Municipal Code requires a 30-foot setback. Mr.Wolens is requesting a variance to the
setback of 30' and a variance to the rear yard setback requirement of 20'. His attached plan shows a rear
yard setback of 10' and a corner yard setback of 12'(the Municpal Code requires a 30 foot setback for
• corner lots). A development review will also be required for construction of a building on this site.
Following the last Planning Commission meeting, Staff contacted former Interim City Administrator Paul
Harrington regarding this application. Mr.Harrington had met with the applicant initially in this process.
Mr. Harrington provided information that Mounds View Drive will not be a thru-street and did not feel that
a 30-foot setback was appropriate in this case.
Mr. Wolens feels that Section 1104.01, Subd. 3b, which permits setbacks on interior lines,a five-foot
setback on the garage side for a garage strucutre, is applicable for his case. The City Attorney's office was
consulted on this issues and the City was advised to proceed with a variance request rather than applying
the garage setback standards. Mr.Wolen's original plans,which were reviewed by the Planning •
Commisison at the February 28, 1996 meeting,reflected this five-foot setback for garages. Mr.Woolens
has revised his plan to a 10-foot setback for the side and and twelve feet setback to the re•uired 30 foot
corner lot setback.
The attached site plan shows the proposed building to be located outside of the drainage and utility
easement. Director of Public Works,Mike Ulrich, stated that the water line does not extend to the
proposed building location area. Mr. Ulrich did not feel that snow removal would be an issue with the
proposed setbacks.
Chapter 1006.06 requires all proposed commercial developments and expansions of existing facilities be
reviewed by the Planning Commission and approved by the City Council. The required development plan
has been submitted by the applicant and is attached for your review. Typically, a surface water
management plan is required as well. Former Interim City Administrator Paul Harrington does not feel this
plan is necessary since the proposed site for the accessory building is currently impervious surface and
• curb and gutter is in place around the property.
With the additional information provided by Paul Harrington, Mr.Wolens is requesting a variance to the
STAFF REPORT FOR PLANNING CASE NO. 437-96
MARCH 30, 1996 •
PAGE TWO OF TWO
30'setback requirement,the required 20'sideyard setback and site development review by the Planning
Commission.
Resolution No. 443-96 for the development review and Resolution No. 446-96(for approval/denial)for a
variance to the corner yard setback and rear yard setback has been prepared for your review and
consideration. Please note that Resolution No. 446-96 for denial has items changed from the resolution for
aproval in capital lettering.
All application materials submitted for this item have been included for your review and consideration. If
you require copies of any of the materials or have any questions,please do not hesitate to call.
.
• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 443-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A DEVELOPMENT REVIEW FOR
AN ACCESSORY BUILDING, 2661 COUNTY ROAD I,
PLANNING CASE NO. 437-96
WHEREAS, Richard Wolens has requested City approval to construct an
accessory structure at 2661 County Road I in the City of Mounds View; and
WHEREAS, the development, as proposed, requires development approval; and
WHEREAS, the Planning Commission has reviewed the following documents
regarding this proposal:
1) Site Plan
• WHEREAS, the Planning Commission has determined that the development
proposal is in conformance with the requirements of Chapters 1006 and 1100 for
development review.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of the development review proposal.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission
directs staff to forward this resolution to the City Council prior to approval of the
minutes.
Adopted this 3rd day of April, 1996.
ATTEST:
Chairperson
(SEAL)
Planning Associate
•
• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 446-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CORNER LOT SETBACK AND REAR YARD SETBACK
VARIANCE REQUEST BY RICHARD WOLENS, 2661 COUNTY ROAD I,
PLANNING CASE NO. 437-96
WHEREAS, the Planning Commission has reviewed the request by Richard Wolens
for a variance to allow the construction of an accessory storage building into the corner lot
setback where a thirty foot setback is required, and a rear yard setback where a twenty foot
side yard setback is required by Municipal Code; and
WHEREAS, the Planning Commission has reviewed the criteria used when evaluating
all variance requests; and
WHEREAS, the applicant has presented a hardship statement to the Planning
Commission; and
WHEREAS, the literal interpretation of the provisions of this code deprives the
applicant of rights commonly enjoyed by other properties in the same district under the terms
of this Code; and
WHEREAS, the special conditions of the property do not result from the actions of the
applicant; and
WHEREAS, granting the variance would not confer special privileges on the applicant
that are not enjoyed by other property owners in the same district; and
WHEREAS, the variance requested is the minimum necessary to alleviate the
hardship.
NOW, THEREEQRE, BE IT RESO EDJh_at_the_MoundsView Planning QQmmission
approves the variance request of Richard Wolens for a ten foot (10') variance into the rear
yard setback and an eighteen foot (18') setback into the corner lot setback.
Adopted this 3rd day of April, 1996.
ATTEST:
Chairperson
(SEAL)
• Planning Associate
MOUNDS VIEW PLANNING COMMISSION •
RESOLUTION NO. 446-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A CORNER LOT SETBACK AND REAR YARD SETBACK
VARIANCE REQUEST BY RICHARD WOLENS, 2661 COUNTY ROAD I,
PLANNING CASE NO. 437-96
WHEREAS, the Planning Commission has reviewed the request by Richard Wolens for
a variance to allow the construction of an accessory storage building into the corner lot setback
where a thirty foot setback is required, and a rear yard setback where a twenty foot side yard
setback is required by Municipal Code; and
WHEREAS, the Planning Commission has reviewed the criteria used when evaluating
all variance requests; and
WHEREAS, the applicant has presented a hardship statement to the Planning
Commission; and
WHEREAS, the literal interpretation of the provisions of this code DOES NOT deprive
the applicant of rights commonly enjoyed by other properties in the same district under the
terms of this Code; and
WHEREAS, the special conditions of the property RESULT from the actions of the
applicant; and
WHEREAS, granting the variance conferS special privileges on the applicant that are
not enjoyed by other property owners in the same district; and
WHEREAS, the variance requested is NOT the minimum necessary to alleviate the
hardship.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
DENIES the variance request of Richard Wolens for a ten foot (10') variance in
setback and an eighteen foot (18') setback into the corner lot setback.
Adopted this 3rd day of April, 1996.
ATTEST:
Chairperson
(SEAL)
Planning Associate
110
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CITY OF MOUNDS VIEW
•
PLANNING APPLICATION
APPUCANT: Richard F . WolensPhone( 612 ) 755 -8871
781 6966
ADDRESS: 6726 137th Ave NW Ramsey , Mn . 55303 •
Street Address, City, State, and Zip Code .
Interest in Property (check appropriate box):
&] Owner of Property
❑ Contract for Deed Owner
❑ Lessee, Operator, Manager
•
❑ Agreement to Purchase
❑ Other (explain)
Documentary evidence of applicant's interest in the property may be required before final City action of this request
PROPERTY INVOLVED:
Address/General Location 2661 County Road I Mounds View , M n . 55112
Legal Description or Property Identification Number 2661 County Road I 5 i t v e r
Lake Woods Ex Part Lying Sely Ely & lerm . Lot I Blk 10
Legal Owner: Name/Address Richard F . Wolens 6726 137th Ave . NW
Ramsey , Mn . 55303
Present Use (check appropriate box): ,.
❑ Undeveloped/Vacant
❑ Single Family Dwelling
❑ Duplex/Two Family Dwelling
1111
❑ Multi-Family (No. of Units ') — . --
q Business/Commercial Establishment
❑ Industrial Establishment
❑ Other (explain)
Property Classification: 03 Abstract 0 Torrens
REQUEST: Respectively request a:-permit to build a storage building
for bicycles on the above stated property . See aLLduhultrlL)
*Please note: Applicant may be responsible for additional fees associated the review of this request
r
I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. (, f. r G-}y '-,. ,� —,
Signature
*:************ ******,**********,,t,.*, ,t*******-*** *******, ,t,.,************************max,*
Rezoning $200/acre.minimum$200,maximum$1,000 Park Fund Dedication Fee
Variance R-1 to R-2-$75,ail others$200 Data Paid
Conditional Use Permit R-1 to R-2-$75.ail others$200 Receipt Number
Code Appeal $75
Develop./Site Plan Review 5100/acre,minimum 100.maximum $500 Total Fees Paid • /
Minor Subdivision $150 Date Paid I �_960
Major Subdivision $250 plus$250 deposit Receipt Number 5-0 A,t,
Comp. Plan Amendment $200
Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid
Wetland Euffer Permit $1 0 Date Paid1111
Planning Sign $50 Receipt Number
PUD 8350
PUD Amendment $150 Date of final action
APPROVED ❑ DENIED 0 TABLED 0
Date ...3-" 7 - 9(i Planning Case No. '9'3'7— ce to Admin.Account No. 11/A..
•
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RA NAC,E
a -
PIONEER
4‘N 6A
SCHWINN
Ea— to
pwr, at.
IA March 7 , 1996
Due to business expansion our existing building has become
to cramped for storage space .
This building was designed to blend in with the North Suburban
Schwinn building .
The roof is green steel and the facad is rock face texture block .
We respectfully request a building permit for this construction .
/
°j
. /�
12741 CENTRAL AVENUE N. E. BLAINE, MINNESOTA 55434 • (612) 755-8871
1104.01
1104.01
1
• When abuts
Front Yard Side Yard ResidentialWhen abuts
Rear Yard Residential
B4 30 d. 10 c.
30 30 40
1-1 40 d. 20 c. 40
PUD 40 40
--As required under Chapter 1120 of this Title--
a• Where adjacent structures within the same block have
setbacks different from those required, the front front yard
l be
within the range of the setbacks of the adjacent structures. If there ack lis only
one adjacent structure, the front yard setback shall be within the range of
the required setback of thirtyfeet (30' e) g
• structure. In no case shall thfront yard bandesshthan setback of the adjacent
thirty feet (30').
b. Not less than thirty feet (30') from lot line if lot is on corner, and on
interior lines, a five foot (5') setback on the garage side for the garage `-
cture is allowed.
c. of less than thirty feet (30') from lot line if lot is on corner.
d. Vehicle parking or loading docks shall not be located within the
minimum required setback. (1988 Code §40.05)
Subd. 4. Location to Driveway: Driveway surfaces shall be not less than five
feet (5') from any lot line, except where said drivewa
• a public street. With the written permission of the adja adjacent provides access
o property
se to
owner, temporary parking surfaces may be within five feet (5')
but not
less than one foot (1') from any lot line. The combined width of
temporary parking and driveway surfaces shall not exceed thirty five feet
(35'). (Ord. 524, 2-22-93)
Subd. 5. Encroachments: The following shall not be considered as
encroachments on yard setback requirements.
a. Awnings, chimneys, flues, belt courses, leaders, sills, pilasters, lintels,
ornamental features, cornices, eaves, gutters and the like; provided, they
do not project more than_Cwo few') into-a-yard.
b. Bay window not to exceed three feet (3') in depth; provided, that such
feature does not occupy more than one-third (1/3) of the length of the
building wall on which it is located.
c. Terraces, steps, decks, stoops or similar features; provided, they do not
extend above the height of the ground floor level of the principal structure
or to a distance less than two feet (2') from any lot line.
d. In rear yards only: balconies and detached outdoor living rooms and
garages.
a
i
City of Mounds View
1111 MEMORANDUM
•
TO: PLANNING COMMISSION
FROM: JOYCE PRUITT,PLANNING ASSOCIATE
DATE: March 8, 1996
SUBJECT: MOUNDS VIEW FINA,2280 WEST COUNTY ROAD I, VARIANCE FOR SIDE
YARD SETBACKS,PLANNING CASE NO. 438-96
Mr. Thomas Manke,partial owner of Mounds View Fina,has made application for a variance to allow the
placement of a 24'x 44'canopy atop a gas pump island located at 2280 County Road I. Currently,the gas
station is classified as a legal non-conforming use within the B-2 (Limited Business District)zoning.
Following the last Planning Commission meeting,I asked Interim City Administrator, Paul Harrington,
about the two concerns raised by the Commission. Mr.Harrington does not feel the canopy should be
classified as a separate structure since many other gas stations within the City have these types of canopies
over their gas pumps. Regarding the storm water runoff issue,Mr.Harrington did not feel that a water
runoff plan would be required since the proposed area for the canopy is impervious surface currently. He
felt that the canopy and gutter system for the canopy may actually improve the flow of runoff rather than
create runoff problems.
• Chapter 1104.01, Subd. 3c, requires a 330-foot minimum setback distance for all corner lots. The :
applicant is requesting that the canopy be allowed to be placed at a 6-foot side yard setback. The canopy
will have 15 lights, and the applicant has already been informed of the Code requirement, Section, 1130.09,
requiring lighting to be arranged as to deflect light away from any adjoining residential zone or from public
streets. In addition, the applicant has been informed the Municipal Code requires the source of lights to be
hooded or controlled in some manner so as not to light adjacent property.
The applicant is also planning to replace the existing underground tanks and product piping, with new
tanks and fiberglass piping. The Mounds View Zoning Code, Section 1123.02, Subd. 1, prohibits any
structure or use lawfully existing prior to a zoning change from being enlarged, but does allow it to be
continued at the size and manner of operation existing prior to the zoning change. Staff has spoken with
the City Attorney to determine whether this action is considered altering-or nereasing the legal iron
confirming property. Since the Minnesota Pollution Control Agency(MPCA)is requiring the replacement
of tanks, and the original number of tanks being replaced is the same, the Attorney's opinion was that this
action would be one that would be permissible without having to bring the entire site up to City Code. The
current island, including four pumps, will be removed and replaced with three separate islands holding a
total of four pumps,two on each island, and a shorter third island holding garbage cans and window
washing equipment. All the asphalt will be replaced and all concrete above tanks and gasoline fueling area
will be new. A new sidewalk in front of the building is planned for with appropriate handicapped ramps.
Resolution No. 444-96 has been prepared for your review and consideration. All application materials
submitted for this item are included for your review and consideration. If you require copies of any of the
materials or have any questions, please do not hesitate to call. For your reference, a two-thirds vote of the
Planning Commissions will be required for approval of the variance request at the April 06, 1996 Regular
• meeting.
MOUNDS VIEW PLANNING COMMISSION •
RESOLUTION NO. 444-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING/DENYING A SETBACK VARIANCE FOR FINA, 2280
COUNTY ROAD I, PLANNING CASE NO. 438-96
WHEREAS, the Mounds View Planning Commission has reviewed the request of
Tom Manke and Leon Theis for a variance to allow a canopy atop of a gas pump island at a
setback less than that allowed by Municipal Code;
WHEREAS, the applicant's property is subject to the requirements set forth in Title
1100 of the Mounds View Municipal Code; and
WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all
variance requests; and
•
WHEREAS, the Planning Commission has determined that no/other reasonable
alternatives for the location of the canopy covering the gas pump island are available; and
WHEREAS, granting the variance would/would not confer special privileges on the •
applicant that are not enjoyed by other property owners in the same district; and
WHEREAS, the variance requested is As not the minimum necessary to alleviate the
hardship.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commssion
approves/denies the variance request of Fina, by Tom Manke and Leon Theis, for a
variance allowing a side yard setback variance less than that allowed by Municipal Code
doped this 3rd day of April, 1996.
ATTEST:
Chairperson
(SEAL)
Planning Associate
•
doaai (16 tAA a.like-0 ,UJ Cf-4
4-0 -i41 -1 44'1'4
:-.,:qr ' " ') -
. ,� M�nnesoto Pollution Control A` Y ,' env `
*
,
IIIIII
March 26, 1996
Mr. Jim Jacobson
Scrivner/Gateway Foods Incorporated
1637 Saint James Street
La Crosse, Wisconsin 54601
RE: Petroleum Tank Release Site File Closure .
Site: Brooks Food Store#31, 2390 Highway 10, Moundsview, Minnesota
Site ID#: LEAK00007478
Dear Mr. Jacobson:
We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanks and
IIIEmergency Response Section(TERS) staff has determined that your investigation and/or cleanup
has adequately addressed the petroleum tank release at the site listed above. Based on the
information provided,the TERS staff has closed the release site file.
Closure of the file means that the TERS staff does not require any additional investigation and/or
cleanup work at this time or in the foreseeable future. Please be aware that file closure does not
necessarily mean that all petroleum contamination has been removed from this site. However,
the TERS staff has concluded that any remaining contamination, if present, does not appear to
pose a threat to public health or the environment.
The MPCA reserves the right to reopen this file and to require—additional-investigation and/or
cleanup work if new information or changing regulatory requirements make additional work
necessary. If you or other parties discover additional contamination (either petroleum or
nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the
MPCA be immediately notified.
You should understand that this letter does not release any party from liability for the petroleum
contamination under Minn. Stat. ch. 115C (1994) or any other applicable state or federal law. In
addition, this letter does not release any party from liability for nonpetroleum contamination, if
present, under Minn. Stat. ch. 115B (1994), the Minnesota Superfund Law.
•
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (6121 296-6300 (voice); (612) 282-5332 (TTY)
Renional Offices: Duluth •Brainerd•Detroit Lakes• Me-shall • Rochester
C-no .:a, 7.• orinted-a-. _ rn _ ..'east 10° _ ',1 by : , re a.
Mr. Jim Jacobson
Page 2
March 26, 1996
If future development of this property or the surrounding area is planned, it should be assumed
that petroleum contamination may still be present. If petroleum contamination is encountered
during future development work, the MPCA staff should be notified immediately.
For specific information regarding petroleum contamination that may remain at this leaksite,
please call the TERS File Request Program at 612/297-8499. The "Leak/Spill and Underground
Storage Tank File Request Form" (TERS Fact Sheet#36)must be completed prior to arranging a
time for file review.
Thank you for your response to this petroleum tank release and for your cooperation with the-
MPCA to protect public health and the environment. If you have any questions regarding this
letter,please call me at 612/297-8658.
Sincerely,
1
/ J
Bonnie J. Mallory
Project Manager
Cleanup Unit II
Tanks and Emergency Response Section
BJM:dms
cc: Michele Severson, City Clerk, Moundsview
Larry-Carlson R msey—CouniySvlid Waste Officer
Donovan Hannu, DPRA Incorporated, Saint Paul
Minnesota Department of Commerce, Petrofund Staff
1111
CITY OF MOUNDS VIEW
PLANNING APPLICATION
APPLICANT: M ocA.,AA cks vi'e w I-
Phone 784--8t/(' -,
• ADDRESS: A 18o W . C . R cQ . T. M O u &S Viet.) Ai .
Street Address, City, State, and Zip Cade o w r1 ars
a SS!/-1_—.
Interestin Property rty (check appropriate box): 7ro ovN, YA A4
�' Ownersof Property
T1� " X 36-S87 L
(:)..0 I lKf^R�
❑ Contract for Deed Owner '
❑ Lessee, Operator, Manager koset i , /h ' SSlt j 14/"Is
0
❑ Agreement to Purchase .Lems... �s
tIto
❑ Other (explain) 114*o a Lee o.a►
Documentary evidence of applicant's interest in the property r S Aore✓i�.oJs: f
may be required before final City action of this request.
PROPERTY INVOLVED: '
Address/General Location a .. ,,g0 . w . C, . Ree r
M o S t/i e w t �! .!
Legal Description or Pro•erty Identification Number c —20-,3 _J _ J0 5
Jam_ '. o C- 2 /5 (-- 54
Legal"Owner: Name/Address J 1
Present Use (check appropriate box): �� s�� ~ 5530
❑ UndevelopedNacant '
❑ Single Family Dwelling
• 0 Duplex/Two Family Dwelling
❑ Multi-Family (No. of Units ) '
Business/Commercial Establishment
❑ Industrial Establishment
0 Other (explain)
Property Classification: ❑ Abstract
0 Torrens
REQUEST: ) 41 '.
•
*Please note: Applicant may be responsible for additional fees associated with the review of this request.
I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. Y}`
**, ***,►,.,► *,►** ,.,.,►, ****,.*�,►**,�,.,.,►*,� Signature
r*****int****,*********,e,►,►+tvnt*****,i*****,r*********
zo''t' $200/acre,minimum$200,maximum $1,000
•
'=11 R-1 to R-2-$75,all others$200 Park Fund Dedication Fee
Date
Use Permit R-1 to R-2-$75,ail others$200 Paid
Code Appeal $75 Receipt Number
Develop./Site Plan Review $100/acre,minimum 100,maximum 3500
Minor Subdivision $150 Total Fees Paid
Date Paid
Major Subdivision $250 plus 3250 deposit -11- Gi
Comp. Plan Amendment $200 Receipt Number S.^
Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid
• Wetland Buffer Permit $10
Planning Sign $50 Date Paid
PUD $350 Receipt Number
PUD Amendment $150
Date of final action
—___z_.,31/1.1L_ _______
1c7t (/C APPROVED ❑ DENIED ❑ TABLED ❑
Date / Planning Case No. 1 i Z - �?r-,
/9 Admin.Account No. /1/-11
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•
DAF—IL
& ASSOCIATES, INC. •
Environmental Consultants,Contractors&Engineers
February 28, 1996
•
Mr. Tom Manke
ZAHL Equipment,Inc.
3101 Spring Street,N.E.
Minneapolis, MN 55413
Dear Tom:
RE: Proposed Soil Ventilation and Air Sparging Pilot Test at the Former People's
Plus Station Located at 2280 West County Road I, Moundsview, MN.
Attached for your review please find a proposed pilot study layout. Please review the layout and
provide me with any comments that you may have.
To conduct a pilot test, DAHL has proposed the installation of two soil vapor vents, three soil •
vapor probes, and one sparge point. All of the structures will be completed flush with the
ground. Drilling of these structures can be completed in approximately two days. The locations
of the structures are designed to give us the information we need, as well as not to interfere with
your business traffic.
The pilot test itself will take approximately three days to complete. During the three day pilot
test a DAHL technician will be collecting data from each of the pilot structures and from some of
the existing monitoring wells. I don't anticipate causing any disruption to your business during
the pilot test.
If you have questions regarding the work, don't hesitate to call me, I'll be glad to answer any of
your questions.
Sincerely,
DAHL &ASSOCIATES, INC.
Je Ryan
Project Manager
jjr
1111
Enclosure: 1). Pilot Test Layout Map
4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777
�) r .iPflINTEO VIIIN
• A
DF1L
• & ASSOCIATES, INC.
Environmental Consultants,Contractors&Engineers
March 6, 1996
City of Moundsview
2401 Highway 10
Moundsview, MN 55112
Dear Sir/Madame:
RE: The Former Peoples Plus Service Station Located at 2280 West County Road I,
Moundsview, MN.
The purpose of the following letter is to briefly summarize the petroleum hydrocarbon
remediation work being conducted at the above-referenced site.
DAHL and Associates, Inc. was retained by Kunz Oil Company in 1990 to provide
environmental consulting services for the site. At that time, test drilling at the site
revealed the presence of petroleum hydrocarbon contamination in the soil and
• groundwater beneath the site. The Minnesota Pollution Control Agency (MPCA) is the
State regulatory authority that reviews the data and site recommendations provided by
DAHL.
In 1991, DAHL installed a groundwater remediation system at the site. The purpose of
the remedial system is to remediate groundwater and collect free phase product from
the surface of the water table. Petroleum contaminated groundwater is recovered,
treated by the remedial system, and discharged to the sanitary sewer system. This
system has been successful at providing some remediation of the site, however the
remediation process has been slow and the system is fairly costly to operate and
maintain.
DAHL is currently in the process of evaluating soil vapor extraction and air sparging as
more aggressive remedial technologies for the site. To determine the effectiveness of
these technologies at this site, DAHL is planning to conduct a pilot test. Data collected
during the pilot test will determine the effectiveness of these technologies, and if
successful will provide the information necessary to install a full scale system.
If the pilot test is successful, DAHL will present the data to the MPCA, and will
recommend the installation of a full scale system. At this time, DAHL will also
• recommend that the existing system be dismantled. MPCA approval of DAHL's
recommendations will be required before any modifications to the existing system are
made.
4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777
PPINTEO WITN
a_e
n_'.. I 'IR(1V IMKI
City of Moundsview
March 6, 1996 •
Page 2
If you have questions or need additional information, feel free to contact me at
(612)490-3789. The MPCA project manager for this site is Mr. Gary Zarling. He can be
reached at (612)297-8598.
Sincerely,
DAHL &ASSOCIATES,INC.
Je f yan
Project Manager
jjr
cc: Tom Manke
S
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•
Dear Planning Commission:
We would like to add a canopy with 15 lites on the property we own at 2180 W. Cty. Rd. I.The
reason we would like to do this is, one, to provide weather protection to our customers, two, to
provide security to them at night with much better lighting when they are fueling their
automobiles. The canopy needs to be put in the location chosen because it would be positioned
directly in front of the building for easier customer access to the building and better site lines for
the employees working.
At the same time we would also like to remove the existing underground tanks and product
piping, and replace them with new tanks and fiberglass piping. The island will be replaced
with 3 new ones, 2 with gasoline equipment. All the asphalt will be replaced and all concrete
above tanks and gasoline fueling area will be new. A new sidewalk in front of the building will be
put in with handicap ramps. The existing building will stay the same with a remodel of the
interior and exterior.
The existing recovery system that is on the property is going to be replaced with a new system
called sparging. We are having the property anaylized by Dahl &Asssoc. to submit to the the
Minnesota Pollution Control Agency some soil results so that they can officially authorized this
system. The sparging system should shorten the clean up time down to one to two years. The
present system could take from 8 to 10 years. Attached is a letter from Dahl &Assoc. outlining
what we are planning to do. This system would be put in place during the remodeling of the
location.
Thank You.
Tom Manke
Leon Theis
• MEMORANDUM
TO: PLANNING COMMISSION
FROM: JOYCE PRUITT, PLANNING ASSOCIATE
DATE: March 27, 1996
SUBJECT: Adult Uses
In May of 1992 the City Council established a twelve
siting of any Adult Uses within the City of Mounds V1eewnth moratorium in Ordinance No.. the
May of 1993, the Council extended the Mor 509. In
for a period of 18 months. The atorium established in Ordinance 509
purpose of the moratorium was to provide staff and
the Planning Commission adequate time to stud where
permitted to be located and an y adult uses should be
y conditions that should be required for such uses.
Myself and Former Interim City Administrator Paul H
Thomson, attorney with Kennedy ST,_Graven, on the adult Harrington worked with Jim
• 1994 Former Community Development Coordinator He isst. Ip November of
information to the City on the most a ro ria Paul amngton provided
drafting an Adult use Ordinance. PP P to and useful procedures to follow in
Mr. Thomson provided information to the City on
court decisions regarding adult uses, studies of the effects of adult uses, and zoning
regulations for adult uses in other cities.
These studies and court cases define the parameters for
uses. communities regulating adult
Activities defined as adult uses (but.not those-dealing
- - a.re-protected—as a First
ng in "obscene"u obscenity is not protected.Amendment activity (freedom of speech, press, etc.);
Communities have to provide adult uses some opportunity
uses cannot be discriminated against or prohibitd. everaSu to operate and such
decisions have made it clear that cities must make some Supreme Court
uses, provisions for adult
Studies have conclusively shown that adult uses do generate
effects that negatively impact surrounding r g rate adverse secondary
safety and welfare in that crime rates increase and roe rY
IP
g p operties with regard to health,
property rty values depreciate in
STAFF REPORT TO PLANNING COMMISSION •
ADULT USES
MARCH 28, 1996
PAGE TWO OF FOUR
areas adjacent to adult uses.
Due to adverse secondary effects, communities can regulate adult uses to
mitigate the negative impact where minors gather.
Communities can regulate adult uses to provide separation between such uses
to prevent an accumulations of adult uses in one area as studies show adverse
secondary effects increase as the number of adult uses grow.
Communities have the right to regulate (not prohibit) adult uses.
Obviously, communities use zoning to regulate land uses. Any zoning regulations the
Commission considers for adult uses must be based on:
the effect the use has on the surrounding area, not on the materials sold or
entertainment provided;
the uses create adverse secondary effects such as neighborhood blight,
diminished property values and increased crime (the City can rely on studies
conducted in other cities which show adverse secondary effects which are of
particular concern to Mounds View); and
the city must allow a reasonable opportunity area for adult uses, but the City
can establish distance requirements.
As I mentioned, there is a great deal of information completed by other communities
as they have dealt with regulating adult uses. For your information, enclosed are the
following materials:
1. Mounds View Ordinance No. 509 establishing a moratorium on adult
uses for twelve months;
2. Mounds View Ordinance No. 525 establishing a moratorium on adult
uses for eighteen months;
3. Attorney General's Report on the Regulation of Sexually Oriented
Businesses (this references studies done in many cities);
• STAFF REPORT TO PLANNING COMMISSION
ADULT USES
MARCH 28, 1996
PAGE THREE OF FOUR
4. St. Paul Department of Planning and Economic Development, 40 acre
Study Adult Entertainment, 1988.
5. Adult Entertainment Report by the Rochester/Olmsted Consolidated
Planning Department and Office of the Rochester City Attorney.
6. Richfield staff memorandum dated 1994.
In addition, I have copies of the following documents which any Commissioner is
welcome to get a copy of; these documents will be available at the April 03, 1996
meeting.
Complete report prepared by the City of Rochester in 1988 which
includes the Indianapolis study, the St. Paul 1978 and 1987 studies, the
Phoenix,Arizona study and a report from the American Society of
• Planning Officials;
A report prepared by Brooklyn Park staff dated 1992;
A study completed by the Houston Committee on the proposed
Regulation of Sexually Orientated Businesses dated 1983;
A memorandum for local regulation of Sexually Orientated Businesses
from Bloomington's City Attorney; and
Ordinances from Bloomington, Columbia Heights, Hopkins, New
Brighton, Ramsey and Richfield.
If you are interested in reading reports used by operators of adult uses which suggest
such uses do not create adverse secondary effects, I can provide the following:
City of Rochester report dated February 5, 1995 prepared by R. Bruce
McLaughlin; and
• 1984 report "The Impact of Pornography: A decade of Literature."
Attached you will find Ordinance No. 574 on Regulating Adult Establishments,
STAFF REPORT TO PLANNING COMMISSION •
ADULT USES
MARCH 28, 1996
PAGE FOUR OF FOUR
Premises Conducive to High Risk Sexual Conduct, adding Chapters 512 and 607 and
Amending Chapters 1113 and 1116 of the Mounds View Code, and Resolution No.
recommending the City Council adopt Ordinance No. 574
ID MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 445-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING ORDINANCE NO. 574, AN ORDINANCE REGULATING
ADULT ESTABLISHMENTS, PREMISES CONDUCIVE TO HIGH RISK SEXUAL CONDUCT,
ADDING CHAPTERS 512 AND 607 AND AMENDING CHAPTERS 1113 AND 11196 OF THE
MOUNDS VIEW CITY CODE.
WHEREAS, the Planning Commission has reviewed studies on the impacts of adult
establishments in communities; and
WHEREAS, those impacts include increased crime rates, lower property values,
increased transiency, neighborhood blight and potential health risks; and
WHEREAS, based on studies and findings, the Planning Commission concludes;
adult establishments have adverse secondary impacts of the types set forth; and
WHEREAS, the adverse impacts caused by adult establishments tends to diminish if
adult establishments are governed by locational requirements, licensing requirements and health
requirements; and
• WHEREAS, it is not the intent to prohibit adult establishments from having a reasonable
opportunity to locate in the City; and
WHEREAS, Minnesota Statutes, Section 462.357, allows the City to adopt regulations to
promote the public health, safety, morals and general welfare; and
WHEREAS, the public health, safety, morals and general welfare will be promoted by the
City adopting regulations governing adult establishments.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission
recommends to the City Council the adoption of Ordinance No. 574, an ordinance regulating
Adult stablishments Premises Conducive to-High-Risk Sexual-Conduct,-a-draft-of-which-is--- ----- --- --being attached to this resolution.
Adopted this 3rd day of April, 1996.
ATTEST:
Chairperson
(SEAL)
Planning Associate
•
• ORDINANCE NO. 574
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE REGULATING ADULT ESTABLISHMENTS, PREMISES
CONDUCIVE TO HIGH RISK SEXUAL CONDUCT, ADDING CHAPTERS
512 AND 607 AND AMENDING CHAPTERS 1113 AND 1116 OF THE
MOUNDS VIEW CITY CODE
The Council of the City of Mounds View does hereby ordain:
SECTION I. Title 500 of the Mounds View City Code is amended by adding a new
chapter to read:
•
Chapter 512 - Adult Establishments
• 512.01. Findings and Purpose. Studies conducted by the Minnesota attorney general, the
American Planning Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana;
Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California;
Seattle, Washington; have studied the impacts that adult establishments have in those communities.
These studies have concluded that adult establishments have adverse impacts 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.
•
Ordinance No. 574 Page 2 •
512.03. 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) 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 and 503 of the
Mounds View City Code; or
(b) Any business that has (1) at least 30 percent of its inventory, stock and trade or publicly
displayed merchandise, or (2) at least 30 percent 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: Ill
(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 which such person is nude.
(b) Adult Bookstore: An establishment or business used for the barter, rental or sale of items
consisting or 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, excluuing any minor by reason of if-(1)-at least 30 percent
of the inventory, stock and trade or publicly displayed merchandise, or (2) at least 30
percent 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 and characterized by an emphasis on the
depiction or description of"specified sexual activities" or "specified anatomical area."
(c) Adult Cabaret. A business or establishment that provides dancing or other live
entertainment to patrons if the dancing and live entertainment is distinguished and
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.
•
•
• Ordinance No. 574 Page 3
(d) Adult Companionship Establishment. A business or establishment that excludes minor 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 and 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 by characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas".
(g) Adult Hotel or Motel: A hotel or motel from which minors are specifically excluded from
patronage and where material is presented which is distinguished and characterized by an
emphasis on "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 and 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 and
characterized by an emphasis on matter depicting, describing or relating to "Specified
sexual activities" or "specified anatomical areas."
(j) Adult Modeling Studio: A business or establishment that provides customers figure models
who are so provided with the intent or 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 or slug-operated or electronically, electrically or mechanically controlled or operated
still or portion picture machines, projectors or other image-producing devices are
maintained to show images to five or few persons per machine at any one time, and where
the images so displayed are distinguished and characterized by an emphasis on depicting
or describing "specified sexual activities" or "specified anatomical areas."
Ordinance No. 574 Page 4
(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 prevailing practice excludes minor
by reason of age or if such material is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas".
(m) Adult Novelty Business: A business which has (1) at least 30 percent of its inventory,
stock and trade or publicly displayed merchandize, or (2) at least 30 percent 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 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".
(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 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 and 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—t-op of the areola;and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
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, bugger, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, •
pederasty, pedophilia, piquerism, sapphism, zooerastia; or
• Ordinance No. 574 Page 5
(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 engage 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. J nc tion. No adult establishment may be located within 500 feet of a residential
zoning district, park, school, church, library or 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. 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.
512.09.AYiditinnai P.nnditinnm fnr-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.
(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.
Ordinance No. 574 Page 6 •
(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.
(f) 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.
(i) No dancer or performer shall solicit any pay or gratuity from any patron.
512.11. 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 applicationfor 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 birth date or the
applicant. If the applicant is a partnership, the name, residence, phone number, and birth
date of each general and limited partner. If the applicant is a corporation, the names,
residences, phone numbers, and birth dates 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 birth date 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 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.
Ordinance No. 574 Page 7
(e) The activities and type 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 $500.
(b) Each application for a license shall be submitted to the City 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 the 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 City
Administrator within thirty (30) days from the happening of the event, provided that such
event occurs more than thirty (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.
(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 or 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 applicant(s) or licensee. If said changes take place during the
Ordinance No. 574 ' Page 8 •
investigation, said data shall be provided to the Police Chief or the City Administrator 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 the
license.
Subd. 4. Investigative Fee: Subd. 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 per person identified on the
application as an owner, operator or manager.
(b) If it appears that the investigative costs will exceed $500, the City 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 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 •
PP
investigation.
Subd. 5. Granting of License:
(a) The City Administrator and Police Chief, or such persons as they shall designate, shall
complete their investigation within thirty (30) days after the City Administrator receives
a complete application and all license and investigative fees.
(b) If the application is for a renewal,the applicant shall be allowedtocontinue business until
the Council has determined to renew or refuse to renew a license.
(c) If, after such investigation, it appears that theapplicant 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 thirty (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
Ordinance No. 574 •
Page 9
•
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 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 impose 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;
(f) Who has not paid the license and investigative fees required by this subsection.
Subd. 7. Place 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 whereanylicense hereunder has been revoked for cause, until one1
has lapsed after such conviction or revocation. ( ) year
(b) No license shall be granted for 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 the 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.
Ordinance No. 574 Page 10
•
(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 business and shall
maintain conditions of order.
(f) No adult goods or material services shall be offered, sold, transferred, conveyed, given
displayed, or bartered to any minor.
Subd. 9. Penalty:
(a) Any person violating any provision 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 revoke or suspend the license, such 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 sixty (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 the fifteen (15) days for the
Ordinance No. 574
• Page 11
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 thepurpose
bdetermining whether the City acted properly. The applicant shall not commence oin f
usiness unless the action is concluded in its favor. g
Sec. 2, Title 600, of the Mounds View City Code is amended by adding a new chapter ter to
p
• . I - ..I - - it' - •
607.01. Purpose. 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.
607.03. . The City Council of the City of Mounds View
• makes the following findings regarding the need to regulate commercials,remi
se
structures that are conducive to the spread of communicable disease of danger to
buildings, and
to further the substantial interest of public health, gpersons in order
(a) The experience of other cities establishes that certain commercial premises, buildings,
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
regulating minimized by
g ating 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, building,
and structures, or parts thereof can facilitate high-risk sexual conduct.
(c) Medical publications of the Center for Disease Control of the United Stated 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.
Ordinance No. 574 Page 12
607.05. Definitions. 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_ of a room or individual 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.
(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) Hazardous 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:
(i) fellation;
(ii) anal intercourse; and/or
(iii) vaginal intercourse with persons who engage in sexual acts in exchange for money.
(e) Open to an adjacent public mom sn that the area inside is visible to persons on the adjacent
_public mom: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 the enclosure to be entirely viewed or seen by persons outside the enclosure.
(f) Public health official: an agent or employee of the City charged with the enforcement of
the state or local health laws.
607.07. Public Health Regulations. Subd. 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 permitted persons to engage in, sexual activities
which include high-risk sexual conduct. •
Ordinance No. 574 Page 13
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, and/or 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, but such lighting shall not be of such intensity as
to prevent the viewing of the motion pictures or other offered entertainment.
607.09. Exceptions. 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.
607.11. Health Enforcement Powers. Subd. 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 of Disease
Control of the United States Department of Health and Human Services which relate to the spread
of infectious diseases.
Subd. 2. In order to ascertain the source of the 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.
Ordinance No. 574 Page 14
S
(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 defined 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, 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. •
(2) 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 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 the 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 •
• Ordinance No. 574 Page 15
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.
607.13. Criminal 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 512 of the City Code.
Sec. 4. Effective bate. This ordinance shall take effect thirty days after the date of its
publication.
Read by the City Council of the City of Mounds View this day of
1996.
• Read and passed by the City Council of the City of.Mounds.View this. . . day of
, 1996.
Mayor
ATTEST:
Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
41
City Attorney
• ORDINANCE NO. 509
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT
USES-PRINCIPAL AS DEFINED HEREIN WITHIN ANY ZONING DISTRICT
OF THE CITY OF MOUNDS VIEW
The City Council of the City of Mounds View does
hereby ordain:
(Added portions are underscored and deleted portions are shown in
brackets. )
Section 1. PREAMBLE
WHEREAS, the City Council has reviewed and considered the
summary of the "report of the Attorney General's Working Group on
Regulation of Sexually Oriented Businesses" , dated June 6 , 1989,
prepared by Hubert H. Humphrey, III, Attorney General of the State
• of Minnesota/Olmstead County Planning Department "Adult
Entertainment Report" dated March 2 , 1988, and "A 40-Acre Study" ;
prepared by the St. Paul Division of Planning in 1987, all of which
reports are hereafter collectively referred to as "Reports" ; and
WHEREAS, the Reports considered evidence from studies
conducted in Minneapolis and St. Paul and in other cities
throughout the country relating to sexually oriented businesses;
and
WHEREAS, the Attorney General's Report, based upon the above
referenced studies and the testimony presented to it has concluded
"that-sexually- oriented businesses are-associated--with -high- crime
rates and depression of property values. " In addition, the
Attorney General's Working Group" . . .heard testimony that the
character of a neighborhood can dramatically change when there is
a concentration of sexually oriented businesses adiacent to •
residential property. " ; and
WHEREAS, the Reports conclude that Adult Uses-Principal have
an impact on the neighborhoods surrounding them which is distinct
from the impact caused by other commercial uses; and
WHEREAS , the Reports conclude that residential neighborhoods
located within close proximity to adult theaters, bookstores and
• other Adult Uses-Principal experience increase crime rates (sex-
1
related crimes in particular) , lowered property values, increased
transiency, and decreased stability. of ownership; and •
WHEREAS, the Reports conclude the adverse impacts which Adult-
Uses Principal have on surrounding areas diminish as the distance
from the Adult Uses-Principal increases; and
WHEREAS, the Reports conclude that studies of other cities
have shown that among the crimes which tend to increase 'either
within or in the near vicinity of Adult Uses-Principal are rapes,
prostitution, child molestation, indecent exposure and other lewd
and lascivious behavior; and
WHEREAS, the Reports conclude that the City of Phoenix,
Arizona study confirmed that the sex crime rate was on the average
500 percent higher in areas with sexually oriented businesses; and
WHEREAS, the Reports conclude that many members of the public
perceive areas within which Adult Uses-Principal are located as
less safe than other areas which do not have such uses; and
WHEREAS , the Reports conclude that studies of other cities
have shown that the values of both commercial and residential
Properties either are diminished or fail to appreciate at the rate
of other comparable properties when located in proximity to Adult
Uses-Principal; and
WHEREAS, the Reports conclude that the Indianapolis, Indiana
study established that professional real estate appraisers believe
that an adult bookstore would have a negative effect on the value
of both residential and commercial properties within a one to three
block area of the store; and
WHEREAS, the Mounds View City Council finds the suburban
characteristics of Mounds View are similar to those of the cities
cited by the Reports when considering the affects of Adult Uses-
Principal; and
WHEREAS, the Mounds View City Council finds, based upon the
Reports and the studies cited therein, that Adult Uses-Principal
will have secondary effects upon certain preexisting land uses
within the City; and
WHEREAS, the Mounds View City Council finds that proper
planning for the siting of Adult Uses-Principal within the City is
necessary in order to protect the City's planning process and the
health, safety and welfare of the citizens;
WHEREAS, the City's Planning Commission has been working on
the updating of the City's Comprehensive Plan since 1990 including •
consideration of major amendments to official controls, including
2
the Zoning Code, which could affect the siting of Adult Uses-
• Principal within the City; and
WHEREAS, the City of Mounds View wishes to study, and if
necessary implement, changes to its Comprehensive Plan to provide
for the orderly development of the City and finds it in the best
interest of the City to take reasonable measures for a reasonable
interim period of time to protect the planning process and the
health, safety and welfare of its citizens until appropriate
changes in the Comprehensive Plan can become effective.
WHEREAS, the Mounds View City Council finds that an interim
ordinance placing a moratorium on the location of Adult 'Uses-
Principal within certain specified distances from churches,
residential zoning district boundaries, schools, and youth
facilities is necessary so that the City can conclude its studies
and hearings relating to the amendment of the Comprehensive Plan
and the adoption and amendment of official controls.
Section 2. DEFINITIONS
(a) Adult Uses. Adult uses include adult book stores, adult
motion picture theaters, adult mini-motion picture theaters,
adult massage parlors, adult steam room/bathhouse/sauna
facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult
• cabarets, adult novelty businesses, adult motion picture--
arcades, adult modeling studios, adult hotels/motels, adult
body painting studios, and other premises, enterprises,
establishments, businesses or places open to some or all
members of the public, at or in which there is an emphasis on
the presentation, display, depiction or description of
"specified sexual activities" or "specified anatomical areas"
which are capable of being seen by members of the public.
Activities classified as obscene as defined by Minnesota
Statutes 617. 241 are not included.
(b) Adult Uses-Principal. The offering of goods and/or services _
which are classified as adult uses as a primary or sole
activity of a business or establishment and include but are
not limited to the following:
1. Adult Use - Body Painting Studio. An establishment or
business which provides the service of applying paint or other
substance, whether transparent or non-transparent, to or in
the body of a patron when such body is wholly or partially
nude in terms of "specified anatomical areas" .
2 . Adult Use - Bookstore. A building or portion of a
building sued for the barter, rental or sale of items
111 consisting of printed matter, pictures , slides, records, audio
tape, videotape, or motion picture film if such building or
3
portion of a building 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 a substantial or significant portion of
such items are distinguished or characterized by an emphasis
on the depiction or description of "specified sexual
activities" or "specified anatomical areas" .
3 . Adult Use - Cabaret. A building or portion of a building
used for providing dancing or other live entertainment, if
such building or portion of a building excludes minors by
virtue of age or if such dancing or other live entertainment
is distinguished or characterized by an emphasis on the
presentation, display, depiction or description of "specified
sexual activities" or "specified anatomical areas" .
4. Adult Use - Companionship Establishment. A
companionship establishment which excludes minors by reason of
age, or 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" .
5. Adult Use - Conversation/Rap Parlor. A conversation/rap
parlor which excludes minors by reason of age, or which
provides the service of engaging in or listening to 411
conversation, talk, or discussion, if such service is
distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas" .
6. Adult Use - Health/Sport Club. A health/sport club which
excludes minors by reason of age, or if such club is
distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas" .
7 . Adult Use - Hotel or Motel. Adult hotel or motel means
a hotel or motel from which minors are specifically excluded
from patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" .
8 . Adult Use - 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" .
9 . Adult Use - Mini-Motion Picture Theater. A building or
portion of a building with a capacity for less than 50 persons
used for presenting material if such building or portion of a 111
4
buildin. as •revailin. .ractice excludes minors b virtue of
a.e or if such material is distin• ished or characterized b
. an em.hasis on "s.ecified sexual activities" or "s.ecifie
anatomical areas" for observation b •atrons therein. d
10. Adult Use - Modelin. Studio. An establishment whose
ma 'or business is the •rovision to customers of fi•
models who are so •rovided with the intent of •rovider
the intent of •rovidin• d with
stimulatir sexual
n
',ratification to such customers and who en.a•eoin "s•ecified
sexual activities" or dis.la "s.ecified anatomical areas"
while bein. observed sainted sainted u•on sketched drawn•
scul.tured •hoto•ra.hed or otherwise de.icted b
customers. such
11. Adult Use - Motion Picture Arcade.
•ublic is ',emitted or invited wherein coin orlace slu.wo.eh the rated
or electronicall electricall or mechanicall controlled or
oserated still or motion .icture machines
ima•e-.roducin• devices are maintained to show ectors ima esor toother five
or fewer •ersons ser machine at an one time and where . the
ima.es so dis.la ed are distin•
em.hasis on depictin• ished or characterized b
or describin. �� an
activities" or "s ecified anatomical areas��s�ecified sexual
12 . Adult Use - Motion Picture Theater.
•ortion of a buildin• with a ca.acit of 50 or more d ersons
. used for •resentin• material if such buildin• or •ortion of a
buildin• as a •revailin• •ractice excludes minors b virtue o
ase or if such material is distin• r f
an em.hasis on "s.ecified sexual activities"cha or cterized"s.ecifieb
d
anatomical areas" for observation b patrons therein.
13 . Adult Use - Novelt Business. A business which has as a
•rinci.al activit the sale of devices which stimulate human
•enitals or devices which are desi.ned for sexual stimulation.
14. Adult Use - Sauna.
reason of a.e _ or- which pro idesuaast am bath whichcordes heat athin•
room used for the •ur.ose of bathina relaxation or reducin.
utilizin• steam of hot air as a cleanin.
a•ent if the service provided b the sauna relaxin.
distin. ishe
or characterized b an em.hasis on shed
activities" or "s ecified anatomical areas��s�ecified sexual
15. Adult Use - Steam Room Bathhouse Facility. A bui
•ortion of a buildin• used for providin. ldin- aor
t
bathin. room used for the Du ose of a•steam bath t heat
relaxation or reducin• leasure bathin•
a • utilizin• steam or hot air as a
relaxin. or reducin• went if such buildin• or
•ortion of a buildin• restricts minors b reason of aae of if
the service III •rovided b the steam room bathhouse facility is
5
distin. ished or characterized b an em•hasis on "s•ecified
sexual activities" or "s ecified anatomical areas". •
1c) • S ecified Anatomical Areas
1. Less than com.letel and o.a• el covered human •enitals
•ubic
re.ion buttock anus or female breast s below a •oint
immediate) above the to of the areola ' and
2 • Human male •enitals in a discernible tur•id state even
if completely and o el y covered.
Soecified Sexual Activities
1. Actual or simulated sexual intercourse oral co.ulation
anal intercourse oral-anal co•ulation bestialit direct
•h sical stimulation of unclothed •enitals fla•ellation or
torture in the context of a sexual relationshi• or the use of
excreto functions in the context of a sexual relationshi.
and an of the followin• sexuall -oriented acts or conduct:
anilin s bu er co ro ha co ro hilia cunnilin s
fellatio necrophilia pederast pedophilia •i• erism
sapphism zooerasty or
3• Clearl de.icted human genitals in the state of sexual
stimulation arousal or tumescence' or
3. Use of human or animal-- -e 'aculation sodom oral
copulation, coitus or masturbation' or
4. Fondlin• or touchin• of nude human •enitals •ubic
region buttocks or female breast* or
5. Situations involvin• a person or •ersons an of whom are
nude clad in under.arments or in sexuall revealin• costumes
and who are en.a.ed in activities involvin• the fla•ellation
torture fetterin• bindin• or other ph sical restraint of an
such Person• or
6.
- Erotic or lewd touchin• fondlin• or other sexuall -
oriented contact with an animal b a human bein• • or
7. Human excretion urination menstruation va•inal or anal
irri ation.
Section 3 . LOCATION
Durin. the term of this Ordinance no Adult Uses-Princi•al
shall be located less than 750 feet from the nearest propert line
of an land in an residential zone or an Public da care
librar •ark pla •round or other •ublic recreational facility in
•
6
any zone, or less than 750 feet from the nearest property line of
• any religious institution.
Section 4. VIOLATION
The City may enforce any provision of this Ordinance by
mandamus, injunction or anv other appropriate civil remedy in any
Court of competent jurisdiction.
Section 5. AUTHORITY
This Ordinance is adopted pursuant to the authority granted to
the City in Minnesota Statutes Section 462 . 355, Sub. 4, entitled,
"Interim Ordinance" .
Section 6. SEPARABILITY
Every section, provision or part of this Ordinance or any
permit issued pursuant to this Ordinance is declared separable from
every other section, provision or part of this Ordinance or any
permit issued pursuant to this Ordinance shall be held invalid by
a Court of competent jurisdiction, it shall not invalidate any
other section, provision, or part thereof.
Section 7. LENGTH OF TIME
• This ordinance shall remain in effect for one year from the
date of its effective date until such time as said ordinance shall
be revoked or otherwise amended.
Section 8 . EFFECTIVE DATE
This ordinance shall take effect thirty days (30) after the
date of its publication.
Read by the City Council of the City of Mounds View this 11
day of April , 1992.
Read and passed by the City Council of the City of Mounds View
this 27 day of April , 1992.
ATTEST.• 7-7/
Mayor
(SEAL)
- //iii'in..istra r
APPROVED AS TO FORM: `'J // /
• City Attorney
7
T
ORDINANCE NO. 525
• CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE GRANTING AN EIGHTEEN MONTH (18) EXTENSION TO
ORDINANCE NO. 509 ESTABLISHING A MORATORIUM ON THE SITING
OF ADULT USES PRINCIPAL
•
WHEREAS, . the City Council of the City of Mounds View
ordains:
Section 1. PURPOSE AND INTENT
•
The City of Mounds View, since the spring of 1991, and as
authorized by Minnesota Statutes 462.355, Subdivision 4, has
conducted studies and held extensive staff and Planning
Commission meetings to consider amendments _to the City's
Comprehensive Plan and to consider the adoption of amendments to
official controls, including the Zoning Code. On April 27, 1992
the City Council passed Ordinance No. 509 placing a moratorium on
the siting of Adult-Uses Principal in certain areas pending
the completion of the City's Comprehensive Plan, and the
•
scheduling of public hearings and receipt of public comment
regarding the Comprehensive Plan and Zoning Code amendments.
•
Additional time is necessary=-to. complete the study of appropriate _
land use controls for the siting of Adult-Uses Principal.
Section 2 . Extension of Moratorium
•
Pursuant to Minnesota Statutes 462.355, Subdivision 4, this
interim ordinance hereby extends the force and effect of
Ordinance No. 509 which regulates the siting of Adult Uses-
Principal consistent with the provisions of Ordinance No. 509 in
order to allow the City adequate time to complete the
Comprehensive Plan and to initiate zoning changes for the purpose
of protecting _the p-lanning-process--ani- the- health_, safety and -
welfare of the citizens of Mounds View. This ordinance shall
extend Ordinance No. 509- for an additional period of eighteen
(18) months. .
Section 3 . Effective Date
This ordinance shall take effect 30 days after the date of
its publication.
Introduced and read in full this 12 day of April
1993 . •
'
•
ORDINANCE NO. 525
PAGE TWO OF TWO •
Passed by the City Council of the City of Mounds View this
26 day of April , 1993 .
ATTEST:
Mayor
(SEAL)
• Citi Administrator-
APPROVED AS TO FORM:
tto ney •
•
•
T
e/W
•I
I
3
.
REP � . .
ORT OF THE ATTORNEY GENERAL'S
1 WORKING GROUP ON THE REGULATION
• OF SEXUALLY ORIENTED-BUSINESSES -
.
f
June 6, 1989
' •
sce.:).4-----;+4)%94
1 • 1.41
_ 3a
/�?!n ta�rrrts8iuu'•:
HUBERT H. HUMPHREY, III
Attorney General
State of Minnesota
i
j
•
._1 •
MEMBERS OF THE
ATTORNEY GENERAL'S! ON THE REGULATION OF SEXUALLYORTEENNWORKINGGROUP
TED BUSINESSES
Ann Burkhart.
John Law •
Associate Professor • = �-� -
Universi Minn Minneapolis Chief of Police
tY of esota Minneapolis, Minnesota
Law School
1 Minneapolis, Minnesota
Sharon Sayles-BeRon
- -- • --Honorable Kathleen A. MatzCouncilwoman
Minneapolis, Minnesota
Minnesota House of Representatives
IR/Bloomington, Minnesota Honorable Kathleen Vellenga
:] Honorable Terry M. Dempsey Minnesota House of Representatives
Minnesota House of Representatives DFL/St. Paul, Minnesota
..1 1R/New Ulm, Minnesota William Wilson
•
Thomas L Fabel
Councilman
Lindquist & Vennum St. Paul, Minnesota
Minneapolis, Minnesota
••1
• .
•
•
•
•
1 • •
• TABLE OF CONTENTS •
. !
INTRODUCTION • 1
SUMMARY 3
I IMPACTS OF SEXUALLY ORIENTED BUSINESSES. • 6
Minneapolis Study 6
I .
St. Paul 7
1 Indianapolis • 8
Phoenix 9
1 Los Angeles 10
Concentration of Sexually Oriented Businesses Neighborhood Case Study 10
Testimony
12
JAlk SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME - 14
PROSECUTORIAL AND REGULATORY ALTERNATIVES 20
OBSCENITY PROSECUTION 21
RECOMMENDATIONS 24
OTHER LEGAL REMEDIES 25
1 RICO/FCRFEITURE 25
RECOMMENDATIONS 28
NUISANCE INJUNCTIONS 28
RECOMMENDATIONS 30
ZONING 30
Supreme Court Decisions J1
-i-
:1
• Standards and Need for Legal Zoning 35 •
Documentation to Support Zoning Ordinances 36
•I Availability of Locations for Sexually Oriented Businesses 37 •
Distance Requirements 39 .
Requiring Existing Businesses to Comply with New Zoning 40
RECOMMENDATIONS: 41"
LICENSING AND OTHER REGULATIONS • 41
1 RECOMMENDATIONS 44
CONCLUSION 45
• •
J
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•
INTRODUCTION
1
Many communities in Minnesota have raised concerns about the impact of
sexually oriented businesses on their quality of life. It has been suggested that sexually
oriented businesses serve as a magnet to draw prostitution and other crimes into a
vulnerable neighborhood. Community groups have also. voiced the concern that
sexually oriented businesses can have an adverse effect on property values and
impede neighborhood revitalization. it has been suggested that spillover effects of the
. businesses can lead to sexual harassment of residents and scatter unwanted evidence
of sexual liaisons in the paths of children and the yards of neighbors. •
Although many communities have sought to regulate sexuallyoriented 9 e ted businesses,
these efforts have often been controversial and equally often unsuccessful. Much
community sentiment against sexually oriented businesses is an outgrowth of hostility
. to sexually explicit forms of expression. Any successful strategy to combat sexually
oriented businesses must take into account the constitutional rights to free speech
which limit available remedies.
• Only those pornographic materials which are determined to be "obscene" have no
constitutional protection. As explained later in more detail, only that pornography
which, according to community standards and taken as a whole, "appeals to the
prurient interest" (as opposed to an interest in healthy sexuality), describes or depicts
sexual conduct in a "patently offensive way" and "lacks serious literary, artistic, political
or scientific value," can be prohibited or prosecuted. Miller v. California, 413 U.S. 15,
24•(1973).
Other pornography and the businesses which purvey it can only be regulated
where a harm is demonstrated and the remedy is sufficiently tailored to prevent that
harm without burdening First Amendment rights. In order to reduce or eliminate the
impacts of sexually oriented businesses, each community must find the balance
between the dangers of pornography and the constitutional rights to free speech. Eaci'
community must have evidence of harm. Each community must know the range of
legal tools which can be used to combat the adverse impacts of pornography and
sexually oriented businesses.
•
On June 21, 1988, Attorney General Hubert Humphrey Ill announced the f
rga
of a Working Group on the Regulation of Sexually Oriented Businesses to ass pt
officials and private citizens in finding legal ways to reduce the impacts of sexu
oriented businesses. Members of the Working Group were selected for their spe
j expertise in the areas of zoning and law enforcement and included
representatives of the state Legislature as well as members'of both the Min P apc
and St. Paul city councils who have played critical roles in developing city ordinanc
regulating sexually oriented businesses.
The Working Group heard testimony and conducted briefings on the impacts
sexually oriented businesses on crime and communities and the methods available
reduce or eliminate these impacts. Extensive research was conducted to revie
regulation and prosecution strategies used in other states and to analyze the leg_.
f ramifications of these strategies.
As testimony was presented, the Working Group reached a consensus that
comprehensive approach is required to reduce or eliminate the impacts of sexual
oriented businesses. Zoning and licensing regulations are needed to protect re ' n;
from the intrusion of "combat zone" sexual 'crime• and harassment into
ieneighborhoods. Prosecution
of obscenity has played an important role in each of th
1 cities which have significantly reduced or eliminated
pornography. The additions
threat posed by the involvement of organized crime, if proven to exist, may justify th.
resources needed for prosecution of obscenity or require use of a forfeiture
racketeering statute. c
The Working 9 Group determined that it could neither advocate prohibition of ai
sexually explicit material nor the use of regulation as a pretext to eliminate all sexually
oriented businesses. This conclusion is no endorsement of pornography or the
businesses which profit from it. The Working Group believes much pornography
conveys a message which is degrading to women and an affront to human. dignity.
Commercial pornography promotes the misuse of vulnerable people and can be s d
by either a perpetrator or a victim to rationalize sexual violence. Sexually oriented
businesses have a deteriorating effect upon neighborhoods and draw involvement of
organized crime.
•
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•
Communities are not powerless to combat theseroblem .
p s But to be most
effective in defending itself from pornography each community must work from the
evidence and within the law. The report of this Working Group is designed to assist
local communities in developing an appropriate and effective defense.
1
The first section of the report discusses evidence that sexually oriented
• businesses, and the materials from which they profit; have an adverse impact on the
surrounding communities. It provides relevant evidence which local communities can
- use as part. of their justification for reasonable regulation of sexually oriented
businesses.
The Working Group also discussed the relationship between sexually oriented
businesses and organized crime. Concerns about these broader effects of sexually
oriented businesses underlie the Working Group's recommendations that obscenity
should be prosecuted and the tools of obscenity seized when sexually oriented
businesses break the law.
I ID The second section of this report describes strategies for regulating sexually
oriented businesses and prosecuting obscenity. The report presents the principal •
alternatives, the recommendations of the Working Group and some of the legal issues .
to consider when these strategies are adopted.
The goal of the Attorney General's Working Group in providing this report is to
. support and assist local communities who are struggling against the blight of
pornography. When citizens, police officers and city officials are concerned about
gime-and the deterioration of neighborhoods, each of- us-lives -next door.- No
community stands alone.
SUMMARY
The Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses makes the following recommendations to assist communities in protecting
themselves from the adverse effects of sexually oriented businesses. Some or all of
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1
1 these recommendations mayneeded be needed in any given community. Each community
must decide for itself the nature of the problems it faces and the proposed solutions
which would be most fitting.
1. City and county attorneys' offices in the Twin Cities metropolitan
area should designate a prosecutor to pursue obscenity prosecutions
and support that prosecutor with specialized training.
2. The Legislature should consider funding a pilot program to
demonstrate the efficacy of obscenity prosecution and should
encourage the pooling of resources between urban and suburban
prosecutor offices by making such cooperation a condition for receiving
anysuch grant funds.
1.
.J
3. The Attorney General should provide informational resources for
city and county attorneys who prosecute obscenity crimes.
1 4. Obscenity prosecutions should begin with cases involving those - •
materials Which most flagrantly offend community standards. -
5. The Legislature should ould amend the present forfeiture statute to
include as grounds for forfeiture all felonies and gross misdemeanors
pertaining to solicitation, inducement, promotion or receivingprofit from
prostitution and operation of a "disorderly house."
6, The Legislature shouldconsider -the potential for a RICO-like
statute with an obscenity predicate.
7. Prosecutors should use the public nuisance statute to enjoin
j . operations of sexually oriented businesses which repeatedly violate
laws pertaining to prostitution, gambling or operating a disorderly
S
house.
4111
-4..
I
I
8. CommunitIes should document findings of adverse secondary
regulations to control these
nted businesses
Prior to enacting
uses so that such re Zoning
• i if challenged in court. gulatlons can be uPhe1d
i
9. To reduce the adverse effects of sexually
3 •
communities should adopt oriented
requirements should
p Zoning regulations which businesses,
between sexually oriented businessesset distance
7 including but not limited to residential and sensitive use
facJtities areas, s,
, churches and parks. schools, child
l care
.; 10. To reduce
businesses,oadverse impacts from
communities should concentration of these
distances between adopt zoning ordinances
n sexually oriented businesses and between sexually set
oriented businesses and liquor
t
restricting
g sexually oriented businessesestablishments, and should
to one use consider
1 11. per building.
Communities should require existing
new zoning or other re businesses to comply
110, , reasonable time so that prior on °fSexually oriented businesses yy� with
uses will conform thin a
to new laws.
I
12. Prior to
enacting licenstn
I• g re
document findings of adverse secandaulations, communities should
businesses and thep between relationshi ry effects of sexually
regulations regulations can be een these effects and
oriented proposed
ed
so that such reupheld if challenged in
court
I
13. Communities should adopt regulations w
of criminal ac.ivi hich reduce the likelihood
fy related to sexually oriented businesses,
not limited to open booth ordinances and ordinances whichlauthong but
denial or revocation
f licenses when the licensee hasauthorize
committed
offenses relevant to the operation of the business.
i
•
.5-
.1
1
14. Communities should adopt regulations which reduce exposure of
the community and minors to the blighting appearance of sexually 41111
oriented businesses, including but not limited to regulations of signage
and exterior design of such businesses, and should enforce state law
requiring sealed wrappers and opaque covers on sexually oriented
material.
•f '
IMPACTS OF SEXUALLY ORIENTED BUSINESSES
The Working Group reviewed evidence from studies conducted in Minneapolis and
• St. Paul and in other cities throughout the country. These studies, taken together,
provide compelling evidence that sexually oriented businesses are associated with high
crime rates and depression of property values. In addition, the Working Group heard
testimony that the character of a neighborhood can dramatically change when there is
a concentration of sexually oriented businesses adjacent to residential property.
Minneapolis Study •
•
In 1980, on direction from the Minneapolis City Council, the Minneapolis Crime
Prevention Center examined the effects of sex-oriented and alcohol-oriented adult
entertainment upon property values and crime rates. This study used both simple
regression and multiple regression statistical analysis to evaluate whether there was a
causal relationship between these businesses and neighborhood blight.
The study concluded that there was a close association between sexually oriented
businesses, high crime rates and low housing values in a neighborhood. When the
data was reexamined using control variables such as the mean income in the
neighborhood to determine whether the association proved causation, it was unclear
whether sexually oriented businesses caused a decline in property values. The
1 Minneapolis.study concluded that sexually oriented businesses concentrate in areas
which are relatively deteriorated and, at most, they may weakly contribute to the
continued depression of property values.
•
-6-
1
I r
I
However, the Minneapolis study found a much stronger relationshi
sexually oriented businesses and crime rates. A crime index wasp between
el robbery, burglary, rape and assault. The rate of crime constructed including
businesses was then compared to crime rates inin areas near sexually oriented
I
following conclusions:1 other areas. The study drew the
1• The effects of sexually oriented businesses
positive and significant regardless of which control vvariable Mme rate index is
is used.
2. Sexually oriented businesses continue to be associate
crime rates, even when the control variables' impacts are consideredwith higher
1 simultaneously. a
-.1 According to the statistical analysis conducted in the Minneapolis study, the
addition of one sexually oriented business to a census tract ar
in the overall crime rate index in that area bys g ea will cause an increase
even if all other social factors remain unchangedcrimes per thousand people per year
4
ilk
St. Paul
In 1978, the St. Paul Division of Planning
Planning board conducted a study and the Minnesota Crime Control
alcohol-oriented adult entertainment businessesrelationship between sex-oriented and
looked at crime rates per thousand and median houansineighborhood blight. This study
study combined. sex-ong riented
over time as indices of
neighborhood deterioration. Thesuggestive
entad and alcohol-oriented
businesses, so its conclusions are only m 9gestive of the effects of sexually oriented
Neve theless, the study reached the following important
conclusions: p t
1. There is a statistically significant correlation between
adult businesses and neighborhood deterioration. the location of
ill
-7-
1 •
1 2. Adult entertainment establishments tend to locate in somewhat
deteriorated areas.
. 1
3. Additional relative deterioration of an area follows location of an adult
-1 business in the area.
1
4. There is a significantly higher crime rate associated with two such
businesses in an area than is associated with only one adult business.
5. Housing values are also significantly lower in an area where there are
three adult businesses than they are in an area with only one such business.
Similar conclusions about the adverseimpact of sexually oriented businesses on
the community were reached in studies conducted in cities across the nation.
Indianapolis
In 1983, the City of Indianapolis researched the -relationship between sexually
oriented businesses and property values. The study was based on data from a
national random sample of 20 percent of the American Institute of Real Estate
Appraisers.
•
The Study found the following:
1. The_ appraisers- overwhelmingly (80%) __felt _that an _adult bookstore
located in a neighborhood would have a negative impact on residential
property values within one block of the site.
J • 2. The real estate experts also overwhelmingly (71%) believed that there
would be a detrimental effect on commercial property values within the same
one block radius.
•
-8-
I
. l •
1
3. This negative impact dissipates as the distance from the site increases,
so that most appraisers believed that by three blocks away from anadult
. I bookstore, its impact on property values would be minimal. adult
Indianapolis also studied the relationship
oriented bookstores, cabarets, theaters, arcades and between crime rates and sexua.
I entitled "Adult Entertainment Businesses in Indianapolis" found parlors. A 1984 stat areas with sexual
ar
__ _ oriented businesses had higher crime rates than similar that
. businesses. areas with no sexually orients
11. Major crimes, such as criminal homicide, rape, robbery,burglary, and larceny, occurred at a rate that was 23 percent higher nssaule
area which had sexually oriented businesses. g in those
2. The sex-related crime rate, including rape, indecent exposure,
'1 � molestation, was found to be 77 percerit higher in those and child
oriented businesses. areas with sexually
1
f
Phoenix .
The Planning Department of Phoenix, Arizona published a stud i
i . "Relation of Criminal Activity and Adult Businesses." y n 1979 entitled
sexual crimes and the location of sexually oriented busied des y showed that arrests for
j The study compared three areas with sexually oriented businesses with thrctlewere dir re related.
areas which had similar demographic and land use charact e control
-� oriented establishments. The study found that, .er�stics, but no sexually
1
1. Property crimes were 43 percent higher in those areas which contained
I a sexually oriented business.
J • 2. The sex crime rate was 500er
p cent higher in those areas with sexually
oriented businesses.
J
•j .
•9-
I
i -
1 3. The study area with the greatest concentration of sexually oriented
businesses had a sex crimes rate over 11 times•as large as a similar area
1110
I having no sexually oriented businesses.
1
i
Los Angeles
•
A study released by the Los Angeles Police Department in 1984 supports a
relationship between sexually oriented businesses and rising crime rates. This study is
less definitive, since it was not designed
g to use similar areas as a control. The study
_l indicated that there were 11 sexually oriented adult establishments in the Hollywood,
California, area in 1969. By 1975, the number had grown to 88. During the same time
period, reported incidents of "Part I" crime (i.e., homicide, rape, aggravated assault,
•
robbery, burglary, larceny and vehicle theft) increased 7.6 percent in the Hollywood
area while the rest of Los Angeles had a 4.2 percent increase. "Part II" arrests (i.e.
1 forgery, prostitution, narcotics, liquor law violations, and gambling) increased 3.4
I percent in the rest of Los Angeles, but 45.4 percent in the Hollywood yw od area.
•
Concentration of Sexually Oriented Businesses
1 Neighborhood Case Study
IIn St. Paul, there is one neighborhood which has an especially heavy concentration
of sexually oriented businesses. The blocks adjacent to the intersection of University
Avenue and Dale Street have more than 20 percent of the city's adult uses (4 out of 19),
including all of St. Paul's sexually oriented bookstores and movie theaters.
1 The neighborhood, as a whole, shows s. o s srgns of.significant distress, including the
highest unemployment rates in the city, the highest percentage of families below the
I poverty line in the city, the lowest median family income and the lowestercenta a of
P 9
high school and college graduates. (See 40-Acre Study on Adult Entertainment, St.
1 Paul Department of Planning and Economic Development, Division of Planning, 1987 at
p. 19.) It would be difficult to attribute these problems in any simple way to sexually
ioriented businesses.
i
-10-
However, it is likely that there is a relationship between the concentration of
sexually oriented businesses and neighborhood crime rates. The St. Paul Police
Department has determined that St. Paul's street prostitution is concentrated in a
"street prostitution zone" immediately adjacent to the intersection where the sexually
oriented businesses are located. Police statistics for 1986 show that, of 279 prostitution
arrests for which specific locations could be identified, 70 percent (195) were within the
"street prostitution zone." Moreover, all of the locations with 10 or more arrests for
prostitution were within this zone.
The location of sexually oriented businesses has also created a perception in the
community that this is an unsafe and undesirable part of the city. In 1983, Western
State Bank, which is currently located across the street from an adult bookstore, hired a
research firm to survey area residents regarding their preferred location for a bank and
their perceptions of different locations. A sample of 305 people were given a list of
locations and asked, "Are there any of these locations where you would not feel safe
conducting your banking business?"
No more than 4 per cent of the respondents said they would feel unsafe banking at
eother locations in the city. But 36 percent said they would feel unsafe banking at Dale
and University, the corner where the.sexually oriented businesses are concentrated.
1
The Working Group reviewed the 1987 40-Acre Study on Adult Entertainment
prepared by the Division of Planning in St. Paul's Department of Planning and
Economic Development This study summarized testimony presented to the Planning
1 Commission regarding neighborhood problems:
Residents in the University/Dale area report frequent sex-related harassment
by motorists and pedestrians in the neighborhood. Although it cannot be
proved that the harassers are patrons of adult businesses, it is reasonable to
suspect such a connection. Moreover, neighborhood residents submitted
evidence to the Planning Commission in the form of discarded pornographic
literature allegedly found in the streets, sidewalks, bushes and alleys near
adult businesses. Such literature is sexually very explicit, even on the cover,
- 411
J -11-
and under the present circumstances becomes
though its sale to minors is prohibited. available to minors
i even
IP
vTestimon
The Working Group heard testi
businesses has serious impacts testimony that a concentration of sexuallyor'
P cts upon the surrounding neighborhood. The
'rk ng
to Group heard that pornographic materialse
the police that he had found 50 pieces are left in adjacent lots. Workinc
lot near a sexually oriented business.P ces of One person re
pornographic material in a church Portec
lawns and sidewalks and that sex Neighbors report findingParking
acts with used condoms on their
plain view of families and children. Prostitutes occur,on streets and
iThe Working alleys in
t
understate the level of crime associated
g Group heard testimony that arrest
rates ns and thefts from with sexually orientedr businesses. Many
reported to the police.
many assaults upon prostitutes are never
Prostitution also results in harassment of neighborhood residents. Young
young women on their way to work gins
johns. The Flick theater caters to homosexual are often propositioned
noted in the area. trade, andP i osihoned
Neighborhood boys male prostitution has been
police officer testified that one resident had and men are also accosted on the
' street. A
in his yard all the time. informed him that he found used
in way to and all and i e. Both his teenage son and daughter had beencondomsr
• solicited on their
t
The Working Group heard
immediately testimony that in
`" y north of the the Fro to
change Universe g neighborhood,
University-Dale intersection in
9 over inthe quality S . Pau!
the area_ tY of life since the sexuallythere has been a
The Working oriented businesses moved into
Group heard that the neighborhood used to
crass, did not have a high crime rate •
officers testified at and did not have prostitution Primarily middle
neighborhood problems they believed the sexuallySt. Paul Police
- oriented businesses
Property values were suffering,particularly the increase in prostitution and other crime caused
s.
since the presence of high rme rarea
g crime rates made the area
-12- •
less desirable to people who would have the ability and inclination to improve their
homes.
The Working Group made some inquiry to determine to what extent smaller cities
1 outside the Twin Cities Metropolitan area suffered adverse impacts of sexually oriented
businesses. The Working.Group was informed by the chiefs of police of Northfield and
Owatonna that neither city had adult bookstores or similar sexually oriented
businesses. Police- chiefs in Rochester and Winona stated that sexually oriented
businesses in their communities operate in non-residential areas. In addition, there is
no, "concentration" problem. In Rochester, there are two facilities in a shopping mall
and a single bookstore in a depressed commercial/business neighborhood. The
• Winona store is located in a downtown business area. The police chiefs stated that
they had no evidence of increased crime rates in the area adjacent to these facilities.
They had no information as to the effect which these businesses might have on local
property values.
Information presented to the Working Group indicates that community impacts of
. sexually oriented businesses are primarily a function of two variables, proximity to
10 residential areas and concentration. Property values are directly affected within a small
radius of the location of a sexually oriented business. Concentration may compound
depression of property values and may lead to an increase in crime sufficient to change
the quality of life and perceived desirability of property in a neighborhood.
The evidence suggests that the impacts of sexually oriented businesses are
exacerbated when they are located near each other. Police officers testified to the
Working Group, that "vice breeds vice." When sexually oriented businesses have
multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can
have the impact of several separate businesses. The Working Group heard testimony
that concentration of sexually oriented businesses creates a "war zone" which serves
as a magnet for people from other areas who "know" where to find prostitutes and
sexual entertainment. The presence of bars in the immediate vicinity of sexually
oriented businesses also compounds impacts upon the neighborhood.
-13-
, 4
The Attorney General's Working Group believes that regulatory strategies designed
to reduce the concentration of sexually oriented businesses, insulate residential areas 0.
from them, and reduce the likelihood of associated criminal activity would constitute a
rational response to evidence of the impacts which these businesses have upon local
j communities.
SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME
I • Infiltration of organized crime into sexually oriented businesses reinforces the need
for prosecution of obscenity and requires specific regulatory or law enforcement tools.
1 The Working Group attempted to assess both the present and potential relationship
• between organized crime and sexually oriented businesses.
The Working Group heard testimony from a witness who had been prosecuting
obscenity cases for the past thirteen years that many sexually oriented businesses have
out-of-town absentee owners. If the manager of a local business is prosecuted on an
obscenity charge, his testimony may make it possible to pierce the corporate veil and
identify the true owners.
1 The Working Group heard testimony that an organized crime entity may operate
somewhat like a franchisor. In order to stay in business, the local manager of a
sexually oriented business may have to pay fees to organized crime. The makers and
wholesalers of pornographic materials are also likely to be involved with organized
crime.The
1Working-Group conducted additional research to assess the relationship
between sexually oriented businesses and organized crime. The Working Group was
informed by prosecutors of obscenity that there were many ways in which organized
_1
crime entities could derive a benefit from sexually oriented businesses. There is a large •
profit margin in pornography. The presence of coin-operated peep booths provides an
Jopportunity to launder money. Cash obtained from illegal activities, such as
prostitution or narcotics, can be explained as the income of peep booths. Cash
income can also escape taxation, in violation of law.
1111
-14-
1
Although it isclear that organized crime is involved to some degree in the
pornography industry, various sources reach different conclusions as to the depth and
extent of this involvement. Part of the difference in assessment is based on differences
in the way the term "organized crime" is defined. Authorities who restrict their
definition of organized crime to the highly organized ethnic hierarchy known as La Cosa
Nostra (LCN) tend to find fewer links than those who define the term to include other
organized criminal enterprises. Where there has been intensive law enforcement and
prosecution, it is more likely that linkage between sexually oriented businesses and
organized crime figures will be evident.
The Working Group has adopted the definition of organized crime contained in
Minnesota's Report of the Legislative Commission on Organized Crime (1975). The
Working Group is concerned about the relation between sexually oriented businesses
and any "organized criminal conspiracy of two or more persons that is continuous in
nature, involves activity generally crossing jurisdictional lines and results in third-party
profit." The threat from organized crime includes, but is not limited to involvement of
national crime enterprises such as LCN.
Aft
• Recent federal indictments of ;dames G. Hafiz in Indiana for-perjuryl/ and of
Harry V. Mohney in Michigan for tax evasion suggest a possible connection between
organized crime and a Minnesota pornography business. Hafiz, a Minnesota resident
who is an agent of Beverly Theater, Inc., the company which operated the Faust
Theater in St. Paul,2/ has been linked to Mchney, a major pornographer based in
Michigan. The indictments allege that Mohney caused the incorporation of the
company which operated the Faust, that a corporation owned by Mohney paid for
improvements to the Faust and that Mchney is, in fact, the owner of numerous sexually
oriented businesses, including the Faust. (See United States v. Hafiz, Indictment, No.
IP 88-102-CR (S.D. Ind., Sept. 15, 1988); United States v. Mohnev, Indictment, No.
88-50062 (ED. Mich. Sept. 9, 1988)).
1/ Hafiz was acquitted of the perjury charges. St. Paul Pioneer Press, Jan. 11, 1989, p.
10A.
2/ The City of St. Paul bought out the Faust for $1.8 million, closing the entertainment
complex on March 7, 1969.
-15-
1
1
1
Mohney, in turn, has been linked with national organized crime enterprises. A 1977
report of the United States Justice Department stated:
It is believed that Harry V. Mohney of Durand, Michigan, is one of the largest
dealers in pornography in the United States . . . He is alleged to have a close •
association with the LCN. Columba and the LCN DeCavalcante, both of
which are very influential in pornography in the eastern United States. In
Michigan, Mohney is known to hire individuals with organized crime
associations to manage his businesses. His businesses and corporations
consist of 60 known adult bookstores, massage parlors, art theaters, adult
drive-in movies, go-go type lounges and pornographic warehouses in
Michigan, Indiana, Illinois, Kentucky, Tennessee, Wisconsin, Iowa, Ohio and
California. He is involved in the financing and production of pornographic
movies, magazines, books and newspapers. He also directs the importation
J • ' and distribution of his own and other pornographic publications to retail and
wholesale outlets throughout the United States and Canada . . . He has a
working relationship with DeCavalcante's representative Robert DiBemardo
1 and has met with Vito Giacalone and Joseph Zerilli of the LCN Detroit. He
has to cater to both to operate in Michigan.
U.S. Justice Dep't, Organized Crime Involvement in Pornography,-reprinted in the
Attorney General's Comm'n on Pornography (hereinafter "Pornography Commission"),
1 2 Final Report at 1229-30 (1986). •
Organized crime has the potential to infiltrate Minnesota's pornography.industry.
Evidence on a national level highlights the vulnerability of sexually oriented businesses
to criminal control. A number of sources have reported that there is a connection
between organized crime and the pornography industry.
•
The Pornography Commission reported that the Washington, D.C., Metropolitan
Police Department "determined that traditional organized crime was substantially
involved in and did essentially control much of the major pornography distribution in
the United States during the years 1977 and 1978." 2 Final Report at 1044-45. The
Washington, D.C., study "further concluded that the combination of the large amounts
of money involved, the incredibly low priority obscenity enforcement had within police
departments and prosecutors' offices in an area where manpower intensive
J 16-
1
investigations were essential for success, and the imposition of minimal fines and no
• jail time upon random convictions resulted in a low risk and high profit endeavor for
organized crime figures who became involved in pornography." Id. at 1045.
•
The FBI concluded in 1978:
Information obtained . . . points out the vast control of the multi-million dollar
pornography business in the United States by a few individuals with direct
• connections with what is commonly known as the organized crime
1 establishment in the United States, specifically, La Cosa Nostra . . .
Information received from sources of this bureau indicates that pornography
is (a major) income maker for La Cosa Nostra in the United States behind
gambling and narcotics. Although La Cosa Nostra does not physically
oversee the day-to-day workings of the majority of pornography business in
the United States, it is apparent that they have "agreements" with those
involved in the pornography business in allowing these people to operate
independently by paying off members of organized crime for the privilege of
being allowed to operate in certain geographical areas.
Id. at 1046 (quoting Federal Bureau of Investigation Report Regarding the Extent of
Organized Crime Development in Pornography, 6 (1978)).
•
A brief survey of 59 FBI field offices conducted in 1985 found that about
three-quarters of those offices could not verify that traditional organized crime families
were involved in the manufacture or distribution of pornography. Several offices did,
however, report some involvement by members and associates of organized crime. Id.
at 1046-47.
Stanley Ronquest, Jr., a supervisory FBI- special agent for traditional organized
crime at FBI headquarters in Washington, D.C., was interviewed by Attorney General
staff. Ronquest stated that LCN has not been directly involved in the pornography
industry in the last ten years. However, a former FBI agent told the Pornography
Commission:
In my opinion, based upon twenty-three years of experience in pornography
and obscenity investigations and study, it is practically impossible to be in
the retail end of pornography industry (today) without dealing in some
b 410
-17-
fashion with organized crime either the mafia or some
non-
mafia never-the-less highly organized crime. other facet of
•Id. at 1047-48.
Thomas Bohling of the Chicago Police Department Organized Crime
Vic
Control Section, told the Pornography Commission that "it is the belief of state,Division,
f er
and local law enforcement that the pornography industry is controllededea
crime families. If they. do not own the business outright, they most certainlyrge trac
street tax from independent smut Peddlers." Id. at xtrac
1048 (emphasis in original).
The Pornography Commission stated that it had been
advised
Police Chief Daryl F. Gates that "organized crime families fromChicago,Los Angeles
New Jersey and Florida are openly controlling and directing the major pornograph
operations in Los Angeles." Id. P nograp
1 The Pornography Commission was told by Jimmy Fratianno, described
by Commission as a member of LCN, "that large profits have kept organized crime he the
involved in the obscenity industry." Id. at 1052. Fratianno testified heavily
that "95% cOe
families are involved in one way or another in pornography.
won't let it go." Id. at 1052-53. • • • it's too big. They just
The Pornography Commission concluded that "organized crime in its traditional
LCN forms and other forms exerts substantial influence and control over the obscenity
industry. Though a number of significant producers and distributors are not members
of LCN families, all major producers and distributors of obscene material are highly
organized and carry out illegal activities with a great deal of sophistication. Id. at 1053.
The Pornography Commission reported that Michael George Thevis, reportedly
one of the largest pornographers in the United States during the 1970's wased
convrc;,,,,
in 1979 of RICO (Racketeer Influenced and Corrupt Organizations) violations including
murder, arson and extortion. The Commission also reported examples of other crimes
associated with the
pornography industry, including prostitution and other sexual
t
-18-
abuse, narcotics distribution, money o ey laundering and tax violations, copyright violations
4111 and fraud. Id. at 1056-65.
{
Although the Pornography Commission report has been criticized for relying on the
1 testimony of unreliable informants in drawing its conclusions finding links between
pornography and organized crime See Scott, Book Reviews, 78 J. Crim. L &
1 Criminology 1145, 1158-59 (1988)), its conclusions find additional support in recent
state studies. •
1 The California Department of Justice recently reported that:
California's primacy in the adult videotape industry is of law enforcement
concern because the pornography business has been prone to organized
crime involvement. Immense profits can be realized through pornography
operations, and until recently, making and distributing pornography involved
a relatively low risk of prosecution. But more aggressive law enforcement
efforts and turmoil within the pornography business has destabilized the
smooth flow of easy money for some of its major operations . . . .
ipAs long as control over pornography distribution iscontested, and organized. - -
crime figures continue their involvement in the business, the pornography
1
industry will remain of interest to law enforcement officials statewide.
Bureau of Organized Crime and Criminal Intelligence, Department of Justice, State of
California, Organized Crime in California 1987: Annual Report to the California
Legislature at 59-62 (1988).
The Pennsylvania Crime Commission similarly determined in a 1980 report that
most pornography stores examined were affiliated or owned by one of three men who
had ties with "nationally known pornography figures who are members or associated of
organized crime families." Pennsylvania Crime Commission, A Decade of Organized
Crime: 1980 Report at 119.
For example, Reuben Sturman, a leading pornography industry figure based in
Cleveland, was reported by the FBI in 1978 to have built his empire with the assistance
of LCN member DiBernardo. Federal Bureau of Investieation Report Recardinc the
4,
-19-
.
•
Extent of Organized Crime Involvement in Pornography (1978). Sturman, who
reportedly controls half of the $8 billion United States pornography industry, was
recently indicted by a federal grand jury in Las Vegas for racketeering violations and by
a federal grand jury in Cleveland for income tax evasion and tax fraud. Newsweek,
August 8, 1988, p. 3.
Evidence of the vulnerability of sexually oriented businesses to organized crime
s involvement underscores the importance of criminal prosecution of these businesses
1 when they engage in illegal activities, including distribution of obscenity and support of
prostitution. Prosecution can increase the risk and reduce the profit margin of
conducting illegal activities. It may also disclose organized crime association with local
pornography businesses and increase the costs of criminal enterprise in Minnesota.
In addition to prosecution, forfeiture of property used in the illegal activities related •
to sexually oriented businesses can cut deeply into profits. Regulation to permit license
? revocation for conviction of subsequent crimes may also expose and increase control
over criminal enterprises related to sexually oriented businesses.
S
PROSECUTORIAL AND REGULATORY ALTERNATIVES
The regulation of many sexually oriented businesses, like other businesses dealing
Iin activity with an expressive component, is circumscribed by the First Amendment of
the United States Constitution.3/ Nonetheless, the First Amendment does not impose
a barrier to the prosecution of obscenity, which is notprotected by the First
Amendment, or to reasonable regulation of sexually oriented businesses if the
1 3/ The First Amendment provides:
Congress shall make no law respecting an establishment of
1 religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press, or the right of the people peaceably
to assemble, or to petition the government for a redress of grievances.
The constitutional guarantee of freedom of speech, often the basis for challenges to
regulation of sexually oriented businesses, restricts state as well as federal actions.
See, e.o., Fiske v. Kansas, 274 U.S. 380, 47 S. Ct. 655 (1927).
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1
i .
regulation is not designed to suppress the content of expressive p activity and is
sufficiently tailored to accomplish the regulatory purpose.
The Working Group believes that communities have more prosecutorial and
regulatory opportunities than they may currently recognize. •The purpose of this section
of the Report is to identify and recommend enforcement and regulatory opportunities.
. Of course, each community must decide on its " own how to balance ifs limited
resources and the wide variety of competing demands for such resources.
1
I. OBSCENITY PROSECUTION
1
s
Obscene material is not protected by the First Amendment. Miller v. California,
413 U.S. 15, 93 S. Ct. 2607 (1973). The sale or distribution of obscene material in
Minnesota is a criminal offense. The penalty was recently increased to up to one year
in jail and a $3,000 fine for a first offense, and up to two years in jail and a $10,000 fine
• for a second or subsequent offense within five years. Minn. Stat. § 617.241, subd. 3
_ (1988).4/
•
The Working Group believes that Minnesota's obscenity statutes are adequate to .
prosecute and penalize the sale and distribution of obscene materials. However,
historically, widespread obscenity prosecution has not occurred.
The Working Group believes this is not because the sale or distribution of obscene
.1 publications in Minnesota is rare, but because prosecutors have been reluctant to bring
obscenity charges, because of limited resources, difficulties faced when-prosecuting
obscenity, and because obscenity has historically been considered a victimless crime.
4/ The prior penalty was a fine only — up to $10,000 for a first offense and uo to
$20,000 for a second or subsequent offense. Minn. Stat. § 617.241, subd. 3 (1986).
Obscenity arrests are so infrequent that incidents involving possible violations of
section 617.241 are not separately compiled by the Minnesota Bureau of Criminal
Comprehension. See Bureau of Criminal Aoorehension. 1987 Minnesota Annual
Report on Crime. fvTissino Chilcsren ano Bureau of Criminal Aoorenension Ac::vaues.
4111
-21-
I
•
I
Obscenity, however, should no longer be viewed as a victimless
mounting evidence that sexually oriented businesses are, as described earlier crime./ There is
tcussed report, often associatedincreases in with
crime rates and a decline in thein tie neighborhoods in which they are located. Further, as dis quality of life
1 there is no prosecution of obscenity, large cash profits make previous!
Y. when
Very attractive to members of organized crime. The Worktn pornographic operations
prosecution of obscenity, particularly cases involving9 Group thus believes that
should assume a higher priority for law enforcement officials children, violence or bestiality,
In addition, many of the difficulties faced whenrosecutin
---� addressed by adequate training and ap 9 obscenity can be
assistance. In order to prove that material is
obscene, a prosecutor must prove:
(i) that the average person, a
standards would find that the work, taken applying contemporary community
? interest in sex; as a whole, appeals to the prurient
1
(ii) that the work depicts sexual conduct . . • in aaten
manner; and
•
P tly offensive
•
_i .
(iii) that the work, taken as a whole, lacks serious _
l political, or scientific value. us literary, artistic,
Minn. Stat. § 617.241, subd. 1(a)(i-iii (1988). This statuto
1 consistent with constitutional standards set forth in Millry standard was drawn to be
Miller, supra.
l -
5/ Two blue ribbon commissions have reached
harmfulnessuof sexuallys explicit p t material to individuals.different conclusions s dntsal regarding the
- on-Obscenity and Pornography
concluded in 1970 that there wast no evidence of
"social or individual harms" caused by sexually explicit materials
federal, state and local legislation prohibiting the sale, exhibition,
sexual materials to consulting adults should be re and, therefore,
sexualCommon Obscenity onity and Pomoults h at 57-8 e jtjoT or distribution ofon theof
pealed." The Report
owever, in 1986, the Attorney eneral s ommjssjon on Pornography o lode
that "sexually violnt materials . . . bear .
1 of sexual violence • . a causal relationship to Pornography
a!arc s
substantial exposure to•[nonaviolentjt d grad evidence
matesupports
au st ntial to ncreases the the conclusionlihthat
[ ) . . . commit an act of sexual violence or sexual coercion."1ifor
J General's Comm'n on Pornography, 1 Final Report at 326, 3�
....3 (1986). Attorney
i
-22-
To be sure, prosecutors face a number of hazards in prosecuting obscenity. They
include inadequate training in this specialized area of law, attempts by defense
attorneys to remove jurors who find pornography offensive, the offering into evidence of
polls and surveys through expert testimony to prove tolerant community standards,
efforts to guide jurors with jury instructions favorable to the defense, and
discouragement with unsuccessful prosecutions.
•
But the hazards can be overcome. Alan E. Sears, former executive director of the
U.S. Attorney General's Commission on Pornography has stated:
Prosecutors can successfully obtain obscenity convictions in virtually
any jurisdiction in the United States. In order to obtain a conviction, it is
incumbent upon a prosecutor to prepare well, know the law, not fall into the
"one case syndrome" trap, obtain a representative jury through proper voir
dire, keep the focus of the trial on the unlawful conduct of the defendant, and
obtain legally sound instructions.
Sears, "How To Lose A Pornography Case," The CDL Reporter (n.d.).
The. Working Group heard testimony from . prosecutors who, have pursued
obscenitycases nationallyregarding .
effective ways to prosecute obscenity cases.
Materials can be bought or rented, rather than seized under warrant. In the absence of
survey data, community standards can be left to the wisdom of the jury. In that case,
experts should be prepared to testify if the defense attempts to make a statistical case
that the material is not obscene. Prosecution of obscenity is also likely to be most
effective if initial prosecutions focus on materials which are patently offensive to the
community, such as those involving children, violence or beastiality.
' The experience of other cities has demonstrated that vigorous and sustained
enforcement of obscenity statutes can sharply reduce or virtually eliminate sexually
oriented businesses. Cincinnati, Omaha, Atlanta, Charlotte, Indianapolis and Fort
Lauderdale were cited to the Working Group as examples of cities which have
j
-23-
.; ' .
•
`1
successful programs of obscenity prosecution.6/ The Working Group encourages
prosecutors to take advantage of increasing training opportunities and other assistance
for obscenity prosecutions and to reassess the desirability of increased enforcement.
The Working Group is pleased to note that county attorneys and law enforcement
groups in Minnesota have recently held forums and seminars on obscenity law .
enforcement and prosecution. The U.S. Justice Department's National Obscenity
Enforcement Unit offers assistance to local prosecutors, including sample pleadings,
indictments, search warrants, motions, responses and trial memoranda.?/.
9
RECOMMENDATIONS
• 1 1. City and county attorneys' offices in the Twin Cities metropolitan
area should designate a prosecutor to pursue obscenity prosecutions
and support that prosecutor with specialized training.
2. The Legislature should consider funding a pilot program to
• demonstrate the efficacy of obscenity prosecution and should
, encourage the pooling of resources between urban and suburban
prosecuting offices by making such cooperation a condition of receiving
any such grant funds.
•
•
6/ Memorandum to Jim Bellus, executive assistant to St. Paul Mayor George Latimer
(prepared by St. Paul Department of Planning and Economic Development) (July 5,
1988); see also Waters, `The Squeeze on Sleaze," Newsweek, Feb. 1, 1988, at 45
("After more than 10 years of levying heavy fines and making arrests, Atlanta has
won national renown as 'the city that cleaned up pornography.'").
7/ The Address of the National Obscenity Enforcement Unit is U.S. Justice
Department, 10th & Pennsylvania Ave. N.W., Room 2216, Washington, D.C. 20530.
Its telephone number is 202-633-5780. Assistance is also available from Citizens for
Decency through Law, Inc., 2845 E. Camelback Rd., Suite 740, Phoenix, AZ 85016.
it is the publisher of "The Preparation and Trial of an Obscenity Case: A Guide for •
the Prosecuting Attorney." Its telephone number is 602-381-1322. The National
Obscenity Law Center, another private organization, is located at 475 Riverside
Drive, Suite 236, New York, N.Y. 10115. It publishes an Obscenity Law Bulletin and
the "Handbook on the Prosecution of Obscenity Cases." Its telepnone numoer is
212-870-3216.
• S
J -24 •
-
3. The Attorney General should provide Informational resources for
city and county attorneys who prosecute obscenity crimes.
4. Obscenity prosecutions should concentrate on cases that most
• flagrantly offend community standards.
H. OTHER LEGAL REMEDIES
1
A. RICO/FORFEITURE
In addition to traditional criminal prosecutions, use of RICO statutes and criminal
and civil forfeiture actions may also prove to be successful against obscenity offenders.
By attacking the criminal organization and the profits of illegal activity, such actions can
provide a strong disincentive to the establishment and operation of sexually oriented
•
businesses. For example, the federal government and a number of the twenty-eight
states which have enacted racketeer influenced and corrupt organization (RICO)
statutes include obscenity offenses as predicate crimes. Generally speaking, to violate
• ' a RICO statute, a person must acquire or maintain an interest in or control of an
enterprise, or must conduct the affairs of an enterprise through a "pattern of criminal
activity." That pattern of criminal activity may include obscenity violations, which in turn
can expose violators to increased fines and penalties as well as forfeiture of all property
acquired or used in the course of a RICO violation. These statutes generally enable
prosecutors to obtain either criminal or civil forfeiture orders to seize assets and may
also be used to obtain injunctive relief to divest repeat offenders of financial interests in
sexually oriented businesses. See 18 U.S.C. §§ 1961-68 (West Supp. 1988). RICO -
statutes may be particularly effective in dismantling businesses dominated by
organized crime, but they may be applied against other targets as well.
The Working Group believes that Minnesota should enact a RICO-like statute that
would encompassincreased penalties for using a-"pattern" of criminal obscenity acts
to conduct the affairs of a business entity. Provisions authorizing the seizure of assets
for obscenity violations should be considered, but the limitations imposed by the First
Amendment must be taken intc account.
-25-
-i
It has been argued that a'RICO or forfeiture statutebased on obscenity crime
violations threatens to "chill protected speech" because it would permit prosecutors to 410
seize non-obscene materials from distributors convicted of violating the obscenity
statute. American Civil Liberties Union, Polluting The Censorship Debate: A Summary
And Critique Of The Final Report Of The Attorney General's Commission On .
Pornography at 116-117 (1986).
However, a narrow majority of the United States Supreme Court recently held that
1 there is no constitutional bar to a state's inclusion of substantive obscenity violations
. among the predicate offenses for its RICO statute. Sapoenfield v. Indiana, 57 U.S.LW.
4180; 4183-4184 (February 21, 1989). The Court recognized that "any form of criminal
obscenity statute applicable to a bookseller will induce some tendency to
self-censorship and have some inhibitory effect on the dissemination of material not
obscene." Id. at 4184. But the Court ruled that, "the mere assertion of some possible
self-censorship resulting from a statute is not enough to render an anti-obscenity law
unconstitutional under our precedent."• Id. The Court specifically upheld RICO
provisions which increase penalties where there is a pattern of multiple violations of
{ obscenity laws.
••
However, in a companion case, the Court also invalidated a pretrial seizure of a
bookstore and its contents after only a preliminary finding of "probable cause" to
believe that a RICO violation had occurred. Fort Wayne Books, Inc. v. Indiana, 57
U.S.LW. 4180, 4184-4185 (February 21, 1989). The Court explained there is a
rebuttable presumption that expressive materials are protected by the First
i Amendment. That presumption is not rebutted until the claimed justification for seizure
of materials, the elements of_a RICO violation, are proved in an adversary proceeding.
Id. at 4185.
The Court did not specifically reach the fundamental question of whether seizure of
{ the assets of a sexually oriented business such as a bookstore is constitutionally
permissible once a RICO violation is proved. The Court explained:
[F]or the purposes of disposing of this case, we assume without
deciding that bookstores and their contents are forfeitable (like other property
-26- .
such as a bank account or yacht) when it is proved that these items are
property actually used in, or derived from, a pattern of violations of the state's
obscenity laws.
Id. at 4185. The Working Group believes that a RICO statute which provided for seizure
of the contents of a sexually oriented business upon proof of RICO violations would
have the potential to significantly curtail the distribution of obscene materials.
Although Minnesota does not have a RICO statute, it does have a forfeiture statute
1 permitting the seizure of money and property which are the proceeds of designated
felony offenses. Minn. Stat. § 609.5312 (1988). But, this statute does not permit seizure
of property related to commission of the offenses most likely to be associated with
sexually oriented businesses. Obscenity crimes are not among the offenses which
•
, justify forfeiture. Although solicitation or inducement of a person under age 13 (Minn.
Stat. § 609.322, subd. 1) or between the ages of 16 and 18 to practice prostitution
(Minn. Stat. § 609.322, subd. 2) are included among the offenses which could justify
seizure of property, many crimes involving prostitution are outside the reach of the
present Minnesota forfeiture law.
-
The following crimes are not included among the crimes which can justify seizure •
{ of property and profits: solicitation, inducement, or promotion of a person between the
ages of 13 and 16 to practice prostitution (Minn. Stat § 609.322, subd. 1A); solicitation,
inducement or promotion of a person 18 years of age or older to practice prostitution
(Minn. Stat. § 609.322, subd. 3); receiving profit derived from prostitution (Minn. Stat.
§ 609.323); owning, operating or managing a "disorderly house," in which conduct
habitually occurs in violation of laws pertaining to liquor, gambling, controlled
substances or-prostitution Minn.-Stat. § 609.33).-
Although
C9:33 .Although its reach would be much more limited, the legislature should also
consider providing for forfeiture of property used to commit an *obscenity offense or
which represents the proceeds of obscenity offenses. Under the holding in Fort Wayne
Books. Inc. v. Indiana, such forfeiture could not take place, if at all, until it was proved
that the underlying obscenity crimes had been committed.
•
-27-
1
There are no comparable constitutional issues raised by enacting or enforcement
of forfeiture statutes based on violations of prostitution, gambling, or liquor laws. The
legislature may require sexually oriented businesses which violate these laws to forfeit
their profits. The Working Group believes that such an expansion of forfeiture laws
j would give prosecutors greater leverage to control the operation of those businesses
which pose the greatest danger to the community.
•
•
•
RECOMMENDATIONS
1. The legislature should amend the present forfeiture statute to
include as grounds for forfeiture all felonies and gross misdemeanors
pertaining to solicitation, inducement, promotion or receiving profit from •
• prostitution and operation of a "disorderly house."
1 2. The legislature should consider the potential for a RICO-like
statute with an obscenity predicate.
•
B. NUISANCE INJUNCTIONS
l
Minnesota law enforcement authorities may obtain an injunction and close down
operations when a facility constitutes a public nuisance. A public nuisance exists when
a business repeatedly violates laws pertaining to prostitution, gambling or keeping a
"disorderly house." The Minnesota public nuisance law permits a court to order a
building to-be closed for one year: Minn.. Stat. §§ 617..80-.87 (1988).
1
Nuisance injunctions to close down sexually oriented businesses which repeatedly
violate laws pertaining to prosecution, gambling or disorderly conduct are potentially
powerful .regulatory devices. The fact that a building in which prosecution or other
. offenses occur houses a sexually oriented business does not shield the facility from
application of nuisance law based on such offenses. Arcara v. Cloud Books. Inc.. 478
U.S. 697, 106 S. Ct. 3172 (1986) (First Amendment does not shield adult bookstore
J
-28-
{ from application of New York State nuisance law designed in
g part to close places of
prostitution).
Although the Working Group believes that nuisance injunctions with an obscenity
predicate would be effective in controlling sexually oriented businesses, such
provisions would probably be unconstitutional under current U.S. Supreme Court
decisions. Six Supreme Court justices joined in the Arcara result, but two of them —
' Justices O'Connor and Stevens — concurred with these words of caution:
1
If, however, a city were to use a nuisance statute as a pretext for closing
down a book store because it sold indecent books or because of the
perceived secondary effects of having a purveyor of such books in the
neighborhood, the case would clearly implicate First Amendment concerns
and require analysis under the appropriate First Amendment standard of
review. Because there is no suggestion in the record or opinion below of
such pretextual use of the New York nuisance provision in this case, I concur
in the Court's opinion and judgment.
Arcara, supra, 478 U.S. at 708, 106 S. Ct. at 3178.
I 42
In an earlier case, Vance v. Universal Amusement, 445 U.S. 308, 100 S. Ct. 1156
(1980), the Court ruled unconstitutional a Texas public nuisance statute authorizing the
closing of a building for a year if the building is used "habitual[IyJ" for the "commercial
exhibition of obscene material." Id. at 310 n.2, 100 S. Ct. at 1158 n.2.
The Court's recent holdings in Saooenfield and Fort Wayne Books. Inc. give no
indication that the Court would now look more favorably upon an injunction to close
down a facility which sold obscene materials. The Court assumed without deciding
that forfeiture of bookstore assets could be constitutional in a RICO case. But, in
making this assumption, the Court distinguished forfeiture of assets under RICO from a
general restraint on presumptively protected speech. The court approved the
reasoning of the Indiana Supreme Court that, "The remedy of forfeiture is intended not
to restrain the future distribution of presumptively protected speech but rather to
disgorge assets acquired through racketeering activity." Fort Wayne Books. Inc. at
4185. The Court assumed that RICO provisions could be upheld on the basis that
-29-
•
.i
"adding obscenity-law violations to the list of RICO predicate crimes was not a mere
ruse to sidestep the First Amendment." Id. Without the relationship to proceeds of
crime, a remedy which closed a facility for obscenity violations would be far less likely
to withstand constitutional scrutiny.
f
•f
RECOMMENDATIONS
•i
1. Prosecutors should use the public nuisance statute to enjoin
operations of sexually oriented businesses which repeatedly violate
laws pertaining to prostitution, gambling or operating-a disorderly
1 house.
III. ZONING
-1
Zoning ordinances can be adopted to regulate the location of sexually. oriented
businesses without violating the First Amendment. Such ordinances can be designed
to disperse or concentrate sexually oriented businesses, to keep them at designated -1
distances from specific buildings or areas, such as churches, schools and residential
neighborhoods or to restrict buildings to a single sexually oriented usage. Because
zoning is an important regulatory tool when properly enacted, the Working Group
believes a careful explanation of the law and a review of potential problems in drafting
zoning ordinances may be helpful to communities considering zoning to regulate
sexually oriented businesses.
•
-30-
,I •
1 A. Supreme Court Decisions
•
The U.S. Supreme Court upheld the validity of municipal adult entertainm
zoning regulations in Young v. American Mini Theaters. Inc., 427 U.S. 50, 96 S.Ct. 2,
(1976), and City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 106 S.Ct. 926 (198t
In Young, the Court upheld the validity of Detroit ordinances prohibiting t
operation of theaters showing sexually explicit "adult movies" within 1,000 feet of
1 two other adult establishments.9/ The ordinances authorized a waiver of the 1,0004
restriction if a proposed use would not be contrary to the public interest and/or oft
factors were satisfied. Young, supra, 427 U.S. at 54 n.7, 96 S.Ct. at 2444 n.7. T
• ordinances were supported by urban planners and real estate experts who testified tf
concentration of adult-type establishments "tends to attract an undesirable quan:
and quality of transients, adversely affects property values, causes an increase
crime, especially prostitution, and encourages residents and businesses to mc
elsewhere." Id. at 55, 96 S.Ct. at 2445. A "myriad" of locations were left available.
adult.establishments outside the forbidden 1,000-foot distance zone, and no existi,
establishments were affected. Id. at 71 n.35, 96 S.Ct. at 2453 n.35.
i •
-
Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as
reasonable regulation of the place where adult films may be shown because (1) the
was a factual basis for the city's conclusion that the ordinance would prevent blight;
the ordinance was directed at preventing "secondary effects" of adult-establishme
concentration rather than protecting citizens from unwanted "offensive" speech; (3) tt
ordinance did not greatly restrict access to lawful speech, and (4) "the city must
allowed a reasonable opportunity to experiment with solutions to admittedly seric,
problems." Id. at 63 n.18, 71 nn.34, 35, 96 S. Ct. at 2448-49 n.18, 2452-53 nn.34, 35.
8/ The only reported Minnesota court case reviewing an adult entertainment zcnir
ordinance is City of St. Paul v. Carlone, 419 N.W.2d 129 (Minn. Ct. App. 198,
(upholding facial constitutionality of St. Paul ordinance).
9/ The ordinances also prohibited the location of an adult theaters within 500 feet of
residential area, but this provision was invalidated by the district court, and the
decision was not appealed. Young v. American Mini Theaters. Inc., 427 U.S. 50,
n.2, 96 S.Ct. 2440, 2444 n.2 (1976).
1
-31-
1
Justice Stevens did not expressly describe the standard he had used, but it was •
clear that the plurality would afford non-obscene sexually explicit speech lesser First
Amendment protection than other categories of speech. However, four dissenters and
one concurring justice concluded that the degree of protection afforded speech by the
First Amendment does not vary with the social value ascribed to that speech. In his
concurring opinion, Justice Powell stated that the four-part test of United States v.
O'Brien, 391 U.S. 367, 377, 88 S.Ct. 1673, 1679 (1968), should apply. Powell
explained:
Under that test, a governmental regulation is sufficiently justified, despite its
incidental impact upon First Amendment interests, "if it is within the
constitutional power of the Government; if it furthers an important or
substantial governmental interest; if the governmental interest is unrelated to
the suppression of free expression; and if the incidental restriction on . . .
First Amendment freedom is no greater than is essential to the furtherance of
that interest."
427 U.S. at 79-80, 96 S.Ct. at 2457 (citation omitted), (Powell, J., concurring).
i
•Perhaps because Justice • Stevens' plurality opinion did not offer a clearly
articulated standard of review, post-Young courts often applied the O'Brien test
advocated by Justice Powell in his concurring opinion. Many ordinances regulating
sexually oriented businesses were invalidated under the O'Brien test. See R.M. Stein,
( Regulation of Adult Businesses Through Zoning After Renton, 18 Pac. LJ. 351, 360
(1987) ("consistently invalidated"); S.A. Bender, Regulating Pornography Tnrouch
Zoning: Can We 'Clean Uo' Honolulu? 8 U. Haw. L. Rev. 75, 105 (1986) (ordinances
-upheld in only about half the cases).
Applying Young, the Eighth Circuit Court of Appeals invalidated a zoning ordinance
adopted by the city of Minneapolis. Alexander v. City of Minneacolis, 698 F.2d 936 (8th
Cir. 1983). In Alexander, the challenged ordinance had three major restrictions on
sexually oriented businesses: distancing from specified uses, prevention of
concentration and amortization. It prohibited a sexually oriented business from
operating within 500 feet of districts zoned for residential or office-residences, a church,
-32-
state-licensed dayfacility certain care ac ty and pubic schools. It forbade an adults-cr
facility from operating within 500 feet of any other adults-only facility. Finally, t
•
ordinance required existing sexually oriented entertainment establishments to conk);
to its provisions by moving to a new location, if necessary, within four years.
The Eighth Circuit ruled that the Minneapolis ordinance created restrictions tc
severe to be upheld under the Young decision. It would have required all five of t
city's sexually oriented theaters and between seven and nine of the city's ten sexua
1
oriented bookstores to relocate and would have required these facilities to compe
with another 18 adult-type establishments (saunas, massage parlors and "rap" parlor
for a maximum of 12 relocation sites.. The effective result of enforcing the ordinan
would be a substantial reduction in the number of adult bookstores and theaters, ar
no new adult bookstores or theaters would be able to open, the Court conclude
Alexander, supra, 698 F.2d at 938.
In Renton, supra, the United States Supreme Court adopted a dearer standa
under which regulation of sexually oriented businesses could be tested and uphel.
The Court upheld an ordinance prohibiting adult movie theaters from locating with
• 1 • 1,000 feet of any residential zone, single- or multiple-family dwelling, church, park c
school.
Justice Rehnquist, writing for a Court majority that included Justices Stevens an
Powell, stated that the Renton ordinance did not ban adult theaters altogether and tha
therefore, it was "properly analyzed as a form of time, place and manner regulation.
Id. at 46, 106 S.Ct. at 928. When time, place and manner regulations are "conten
neutral" and not enacted "for the purpose of restricting speech on the basis of if
-7 content," they are "acceptable so long as they are designed to serve a substantia
governmental interest and do not unreasonably limit alternative avenues c
communication," Rehnquist stated. Id. He found the Renton ordinance to be Conten.
neutral because it was not aimed at the content of films shown at adult theaters
Rather, the city's "predominate concerns" were with the secondary effects of th
theaters. id. at 47, 106 S.Ct. at 929 (emphasis in original). Once a time, place c
manner regulation is determined to be content-neutral, "jtjhe appropriate inquiry . . . i
whether the . . . ordinance is designed to serve a substantial governmental interest an;
• I
-33-
allows for reasonable avenues of communication," Rehnquist wrote for the Court. !d. at
50, 106 S.Ct. at 930.
1
The Supreme Court found that Renton's "interest in preserving the quality of urban
life" is a "vital" governmental interest. The substantiality of that interest was in no way
diminished by the fact that Renton "relied heavily" on studies of the secondary effects
of adult entertainment establishments by Seattle and the experiences of other cities,
Rehnquist added. Id. at 51, 106 S.Ct. at 930-31.
The First Amendment does not require a city, before enacting such an
ordinance, to conduct new studies or produce evidence independent of that
already generated by other cities, so long as whatever evidence the city relies
upon is reasonably believed to be relevant to the problem that the city
addresses. That was the case here. Nor is our holding affected by the fact
•
that Seattle ultimately chose a different method of adult theater zoning than
that chosen by Renton, since Seattle's choice of a different remedy to •
combat the secondary effects of adult theaters does not call into question
either Seattle's identification of those secondary effects or the relevance of
Seattle's experience to Renton.
Id. at 51-52, 106 S.Ct. at 931: -� � � _
S
•
Rehnquist's inquiry then addressed the means chosen to further Renton's
substantial interest and inquired into whether the Renton ordinance was sufficiently
"narrowly tailored."
His comments on Renton's means to further its substantial interest suggest that
municipalities have a wide latitude in enacting content-neutral ordinances aimed at the
secondary effects of adult-entertainment establishments. He quoted the Young
plurality for the proposition that:
It is not our function to appraise the wisdom of [the city's] decision to require
adult theaters to be separated rather than concentrated in the same
areas. . . . [T]he city must be allowed a reasonable opportunity to
experiment with solutions to admittedly serious problems.
Id. at 52, 106 S.Ct. at 931 (quoting Young, supra, 427 U.S. at 71, 96 S.Ct. at 2453).
i
1 -34-
7
As to the "narrowly tailored" re
i ordinance •
only affected theaters r quirement, Rehnquist found that the R
• . was satisfactory. Producing unwanted secondsRentorry. Id. secondary effects and, therefore.
I
The second prong of Renes "time, place, n .
alternative avenues of communication
manner inquiry — the
5 acres of landwas satisfied by the district court' find ngit, of
entertainment and, oremoen e than five percent of Renton, were left availables finding that
though some of that developed area was already for pi l-
and the undeveloped land was not available for
found: sale or lease. occupied
A majority of the Court
That [adult theater owners .
] ' market, on ane 1 must fend for themselves in the real
does not give rise to footing
oFt First other prospective estatelessees,
Amendment requires aon! dment violation. purchasers end
...� theaternowners y that Renton refrain from effectively
view, the First
theater within ] a reasonable opportunityandvp operateaan [adult
requirement. the city' and the to open an
ordinance before us easilyadult
.. meetsthr's
Id. at 54, 106 S.Ct at 932.
•
01
j . 8. Standards and Need for Le al Zonin
Unlike Young, the Renton
sexually oriented case spells out the standards b
7
businesses should be tested. by which win
decisions rendered in its wake suggest9 of
�� Renton and several lower court
ordinances will be that the two most criticsl areas by which th
Judged_. are-1
enacted to address sem ) whether there is evidence that ordinancese
secondary impacts on the community, were
enough locations still available for sexually and 2) whether there are
just a pretext to eliminate oriented businesses so that zoning is
P
pornographic speech.10/ 9 not
i
10/ Of 11 recent post-Renton adult-entertainment
five i1 recent
pct ,Rents zoning
to district s, three upheld ordinances and three ord
court for further r a decisions by federal courts,
Cinema Coro. v 9s• Zoning ordinances were s Cil�reAVaanr
(Footnote 10 Thomoscn. 667 F.2d 659 (8th Cir. 1987)( ci
ontlnuea on Next Page)
ty council failed to ower
-35-
This section first describes some of the legal considerations which communities
must keep in mind in drafting zoning ordinances for sexually oriented businesses. •
Then, some suggestions are provided, based on evidence reviewed by the Working
Group, of types of zoning which can be enacted to reduce the secondary effects of
sexually oriented businesses.
1. Documentation to Support Zoning Ordinances
Sexually oriented speech which is not obscene cannot be restricted on the basis of
its content without running afoul of the First Amendment. The justification for regulating
sexually oriented businesses is based on proof that the zoning is needed to reduce
secondary effects of the businesses on the community.
Since Renton, a number of adult entertainment zoning ordinances have been
invalidated for failure of the enacting body to document the need for zoning regulations.
Thus, one court invalidated a zoning ordinance because there was "very little, if any,
evidence of the secondary effects of adult bookstores . . . before the City Council . . . ."
•
(Footnote 10 Continued from Previous Page)
` evidence suggesting neighborhood decline would result); Tollis, Inc. v. San
Bernadine County, 827 F.2d 1329 (9th Cir. 1987) (no evidence presented to
legislative body of secondary harmful effects); Ebel v. Corona, 767 F.2d 635 (9th
Cir. 1985) (lack of effective alternative locations); 11126 Baitimore Boulevard, Inc.
v. Prince George's County of Maryland, 684 F. Supp. 884 (D. Md. 1988)
(insufficient evidence of secondary effects presented to legislative body; special
exception provisions grant excessive discretionary authority to zoning officials);
and Peoples Tags.Inc. v.-Jackson- County Legislature, 636 F. Supp. 1345 (W.D.
Mo. 1986) (improper legislative purpose to prevent continued operation of adult-
entertainment establishment). Zoning ordinances were upheld in SDJ. Inc. v. City
•
of Houston, 837 F.2d 1258 (5th Cir. 1988); FW/PBS. Inc. v. City of Dallas, 837 F.2d
1298 (5th Cir. 1988); and S & G News. Inc. v. City of Southcate, 638 F.Supp. 1060
(E.D. Mich. 1986), aff'd wimcut cublisned ooinion, 819 F.20 1142 (6th Cir. 1987).
Remands were ordered in Christy v. City of Ann Arbor, 824 F.2d 489 (6th Cir.
1987), cert. denied, U.S. 108 S. Ct. 1013 (1988)(remand for determination
of excessive restrictios); International Food & Beverage Systems v. City of Fort
Lauderdale, 794 F.2d 1520 (11th Cir. 1986) (remand for reconsideration in lignt of
Renton, supra; nude bar ordinance), and Walnut Properties. Inc. v. City of Whittier,
8082d 1331 (9th Cir. 1986) (remand, in par, for determination of land
` availability).
s
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• 1 •
11126 Baltimore Boulevard, supra, 684 F. Supp. at 895; see also Tolls v. San
i • Bernadino County, 827 F.2d 1329, 1333 (9th Cir. 1987) (ordinance construed to prohibit
single showing of adult movie in zoned area; invalidated for failure to present evidence
of secondary effects of single showing); but see Thames Enterprises v. City of St. Louis,
1 851 F.2d 199, 201-02 (8th Cir. 1988) (observations by legislator of secondary effects
sufficient).
On the other hand, it is not necessary for each municipality to conduct research
independent of that already generated by other cities. The Renton court held that
evidence of the need for zoning of sexually oriented businesses can be provided by
studies from other cities "so long as whatever evidence the city relies upon is
1 reasonably believed to be relevant to the problem that the city addresses." Id. at 51,
106 S.Ct. at 931. See also SDJ. Inc. v. City of Houston, 837 F.2d 1.268, 1274 (5th Cir.
1988) (public testimony from experts, supporters and opponents and consideration of
studies by Detroit, Boston, Dallas and Los Angeles sufficient evidence of legitimate
purpose).
The first section of this report summarizes evidence from various cities
1111 documenting the secondary effects of sexually oriented businesses. • Following Renton,
it is intended that local communities will make use of this evidence in the course of
assembling support for reasonable regulation of sexually oriented businesses.
2. Availability of Locations for Sexually Oriented Businesses
•I
Courts also evaluate-whether zoning of sexually oriented businesses is merely a
pretext for prohibition by reviewing the alternative locations which remain for a sexually
oriented business to operate under the zoning scheme. A municipality must "refrain
from effectively denying . . . a reasonable opportunity to open and operate" a sexually
oriented business. Renton, suora, 475 U.S. at 54, 106 S. Ct. at 932.
Access may be regarded as unduly restricted if adult entertainment zones are
unreasonably small in area or if the number of locations is unreasonably few. There is
no set amount of land or number of locations constitutionally required. The Renton
•
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1
•
court found that 520 acres of "accessible real estate," including land "criss-crossed t
freeways" -- more than five percent of the entire land area in Renton -- was seer
475 U.S. at 53, 106 S.Ct. at 932. The Young court found the availability of "myriac
locations sufficient. 427 U.S. at 72 n.35, 96 S.Ct. at 2453 n.35.
Whether .058 square miles constituting .23 of 1 percent of the land area within th
city's central business zone is sufficient is not clear. See Alexander v. The City c
Minneapolis (Alexander. II), No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (les
than 1% of land area could be valid if "ample actual opportunities" for relocation exist
Christy v. City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for
determination of excessive restriction). See also 11126 Baltimore Boulevard, Inc.
Prince George's County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 alternative
locations sufficient); Alexander v. City of Minneapolis, 698 F.2d 936, 939 n.7 (8th Ci,
1983) (pre-Renton; 12 relocation sites for at least 28 existing adult establishments tic
sufficient).
The sufficiency of sites available for adult entertainment uses may be measured it
relation to a number of factors. See, e.o., Alexander II, supra, slip op. at -2:
•
(insufficient if relocation site owners refuse to sell- or lease); International F E
Beverage Systems, Inc., 794 F.2d 1520, 1526 (11th Cir. 1986) (suggesting number c
I sites should be determined by reference to community needs, incidence c
establishments in other cities, goals of city plan); Basiardanes v. City of Galveston, 68:
F.2d 1203, 1209 (5th Cir. 1982) (pre-Renton case striking zoning regulation restricting
adult theaters to industrial areas that were "largely g y a patchwork of swamps
warehouses, and railroad tracks . . . . lacking] access roads and re*.a
establishments").
However, the fact that land zoned for adult establishments is already occupied o;
not currently for sale or lease will not invalidate a zoning ordinance. Renton, supra, 47
U.S. at 53-54, 106 S.Ct. at 932; but see, Alexander II, supra, slip op. at 22-22
(reasonable relocation opportunity absent where owners refuse to sell or rent). There is
no requirement that it be economically advantageous for a sexually oriented business
to locate in the areas permitted by law.
•
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•
3. Distance Requirements
110
1. Another factor that maybe examined
by some courts is the distance requirement
established by an adult entertainment zoning ordinance. In SDJ, Inc. v. Houston, 837
F.2d 1268 (5th Cir. 1988), the Court was asked to invalidate a 750-foot distancing
requirement on the ground that the city had not proved that 750 feet, as opposed to
some other distance, was necessary to serve the city's interest.
3
The Court found that an adult entertainment zoning ordinance is "sufficiently well
tailored if it effectively promotes the government's stated interest" and declined to
"second-guess" the city council. Houston, supra, 837 F.2d at 1276.
Courts have sustained both requirements that sexually oriented businesses be
Jlocated at specified distances from each other, see Young, suora, (upholding distance
requirement of 1000 feet between sexually oriented businesses), and requirements that
sexually oriented businesses be located at fixed distances from other sensitive uses,
J see Renton, -supra, (upholding distance requirement of 1000 feet between sexually
oriented businesses and residential zones, single-or-multiple family dwellings,
. churches, parks or schools). = - • .
The Working Group heard testimony that when an ordinance establishes distances
between sexually oriented uses, an additional regulation may be needed to prevent
operators of these businesses to defeat the intent of the regulation by concentrating
sexually oriented businesses of various types under one roof, as in a sexually oriented
mini-mall. The city of St. Paul has adopted an ordinance preventing more than one
adult use (e.g., sexually oriented theater, bookstore, massage parlor) from locating
within a single building. A similar ordinance was upheld in the North Carolina case of
Hart Book Stores, Inc. v. Edmisten, 612 F. 2d 821 (4th Cir. 1979), cert. denied, 447 U.S.
929 (1980).
The experience with multiple-use sexually oriented businesses at the University-
Dale intersection suggests that these businesses have a greater potential for causing
neighborhood problems than do single-use sexually oriented businesses. Following
Renton, it is suggested that lawmakers document the adverse effects which the
•
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•
• community seeks to prevent by prohibiting multiple-use businesses before enacting
this type of ordinance. i
4. Reauirinq Existing Businesses to Comply with New Zoning
Zoning ordinances can require existing sexually-oriented businesses to close their
operations provided they do not foreclose the operation of such businesses ih new
1locations. Under such provisions, an existing business is allowed to remain at its
_ , present location, even though it is a non-conforming use, for a limited period.
1 The Minnesota Supreme Court has explained the theory this way:
The theory behind this legislative device is that the useful life of the
nonconforming use corresponds roughly to the amortization period, so that
the owner is not deprived of his property until the end of its useful life. In
addition, the monopoly position granted during the amortization period
theoretically provides the owner with compensation for the loss of some
property interest, since the period specified rarely corresponds precisely to
• the useful life of any particular structure constituting the nonconforming use. •
1 Naegele Outdoor Advertising Co. v. Village of Minnetonka, 162 N.W.2d 206, 213 (Minn.
1968).
{ Such provisions applied to sexually oriented businesses have been said to be
"uniformly upheld." Dumas v. City of Dallas, 548 F. Supp. 1061, 1071 (N.D. Tex. 1986),
aff'd, FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988) (citing cases).
As detailed in the first section of this report (pp. 6-15), there are significant
secondary impacts upon communities related to the location of sexually oriented
businesses. These impacts are intensified when sexually oriented businesses are
located in residential areas or near other sensitive uses and when sexually oriented
businesses are concentrated near each other or near alcohol oriented businesses. The
Working Group believes that evidence from studies such as those described in the first
section of this report and anecdotal evidence from neighborhood residents and police
.]
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•
._ } officers should be used to support
Pport the need for zoning•i
ordinances which address then
• i
RECOMMENDATIONS
•1
1.
Communities should
secondary effects y oriented of Sexual) document findings of
businesses prior to adverse
zoning regulations to control these uses so
upheld if challenged in court that such regulations can b enacting
e
2. To reduce the
businesses adverse effects of
� communities should sexually oriented
i distance requirements adopt zoning regulations to set
sensitivereq between sexually
uses, including but not limited to residential
businessescand
child care facilities, churches and nt�al areas
parks. � schools,
3. To reduce adverse im
oriented businesses, pacts from concentration of sexually
communities should.
which set distance requirements adopt zoning
between liquors ordinances
el sexually oriented businesses and between establishments and
J
and should canslder restrictingSexually oriented businees
per building. sexually oriented businesses to one use
1
4. Communities should requiretween sexion
businesses to comply with
businesses within a reasonableltimpertaining to sexually oriented
new laws; a so that
prior uses will conform to
IV. LICENSING AND
OTHER REGULATIONS
VCznsing and other regulations s may also be used to reduce the adverse effects of
oriented businesses. The critical requirements which communities must keep
ep•
•
-4
in mind are that regulations must be narrowlycrafted to address adverse secondary
effects, they must be reasonably related to reduction of these effects and they must be •
capable of objedtive application. If these standards can be met, licensing and other
regulatory provisions may play an important role in preventing unwanted exposure to
1 sexually oriented materials and in reducing the crime problems associated with
sexually oriented businesses.
1 •
It is clear that failure to act upon a license application for a sexually oriented
business cannot take the place of regulation. Without justification, denial or failure to
grant a license is a prior restraint in violation of the First Amendment. Parkway Theater
Corporation v. City of Minneapolis, No. 716787, slip. op. (Henn. Co. Dist. Ct., Sept. 24,
1975).
An ordinance providing for license revocation of an adult motion picture theater if
the licensee is convicted of an obscenity offense is also likely to be held
unconstitutional as a prior restraint of free speech. Alexander v. City of St. Paul, 227
N.W.2d 370 (Minn. 1975). The Alexander court stated:
a
[W]hen the city licenses a motionpicture theater, it is licensing an
•
activity protected by the First Amendment, and as a result the power of the
city is more limited than when the city licenses activities 'which do not have
First Amendment protection, such as the business of selling liquor or running
a massage parlor.
Id. at 373 •(footnote omitted); see also, Cohen v. City of Daleville, 695 F. Supp. 1168,
1171 (M.D. Ala. 1988) (past sale of obscene material cannot justify revocation of
license).
However, the courts have permitted communities to deny licenses to sexually
oriented businesses if the person seeking a license has been convicted of other crimes
which are closely related to the operation of sexually oriented businesses.
In Dumas v. City of Dallas, supra, the court reviewed a requirement that a license
applicant not have been convicted of certain crimes within a specified period. Five of
the enumerated crimes were held to be not sufficiently related to the purpose of the
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I
adult entertainment licensing ordinance because the
justification. The invalid enumerated offenses city had made no findings
violations, bribe ' es were controlled gs on the;
• ry, robbery, kidnapping and substances ac
upheld requirements that the licensee not have beenan¢�d criminal
j related offenses. ld, activity. The
convicted of prostitution
ceur
at 1074. If a community t °S` rion w
history of other crimes be denied licenses, � Seeks to require thatsex-
I justify denial of licenses on that ba ear findings persons with a
basis.
9 must first be made which
The D__ hurt also invalidated
police Portions
P ce chief to denyof the licensing ordinance
a license if he finds that thea permitting the
7 . manage a sexually oriented business premises in a applicant "is unable to 0
or is not "presently �� to peaceful and law-abiding operate or
— satisfied the Yoperate a sexually manner"
1 � Constrtut1Onal requirement that oriented business." Neither
related to expression must contain narrow, provision
any license requirement for an activity
the licensing " , objective, and definite
7 author' standards to
(unconstitutional! tId. at 1072. = also Alexander II guide
Yvague to define regulated bookstores as those selling slip op. iats 7 or
significant portion"
J F. of certain Publications); 11126 Baltimore Boulevard,ng "substantial
Supp. at 898-99 (striking ordinance allowing
entertainment zoning mit 684
establishment is not "in "g °fficrals to deny pe,�it if adult
harmon
•� impair" Y with tonin
"substantiallybre and is not air" master plan, does not g plan, . does nct
detrimental" to neighborhood adversely affect"' health
to possible because such standards pare safety and
manipulation and arbitrary aPPlication").
I subject
A number of courts have upheld ordinances requiring
I theaters be open to discourage illegal qu�ring that viewing
Cita Minneapolis g and unsanitary booths in adult
693 F. Supp. 774 D. rY sexual activity. See e .
! ( Minn. 1988). ' --�, D
licensing provisions and ordinances forbidding massage parlors employees from
protection g persons of the
and privacy and associational right cha11enge sex have oithv. Cit equal
Wayne, 682 F. Su challenges. See Clampitt v.
Supp. 401, 407-408 (N.D. Ind. 1988) City of Ft.
{ v. Fnlchtman, 482 F. Supp. (equal protection); Wio iness. Ina
681, 689-90 (S.D. N.Y. 1979 9 r
1980), cert. denied, 449 U.S. )► aff'd, 628 F.2d 1346 (2d Cir.
! same-sex massage regulations 842, b 101 S.Ct. 122.
� to However, some courts have found
e in violation of 'rile VII of the Civil Rights Act of _
0
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i
1
.i •
1964. See Stratton v. Drumm: 445 F. Supp. 1305, 1310-11 (D. Conn. 1978); Cianciolo
v. Members of City Council, 376 F. Supp. 719, 722-24 (E.D. Tenn. 1974); Joseph v. •
House. 353 F. Stipp. 367, 374-75 (E.D. Va.), aff'd sub nom. Joseph v. Blair, 482 D.2d
575 (4th Cir.), cert. denied, 41§ U.S. 955, 94 S. Ct. 1968 (1974). Contra, Aldred v.
Duiinq, 538 F.2d 637 (4th Cir. 1976).
Although the Working Group expressed strong concern about the operation of
prostitution under the guise of massage parlors; this type of regulation is not advisable
because legitimate therapeutic massage establishments could find their operations
curtailed. Prostitution may be better controlled through prosecution and use of post-
conviction actions such as forfeiture or enjoining a public nuisance.
In 1985, a court upheld an ordinance making it unlawful to display for commercial
purposes material "harmful to minors" unless the material is in a sealed wrapper and, if
the cover is harmful to minors, has an opaque cover. Upper Midwest Booksellers
• Ass'n v. City of Minneapolis, 780 F.2d 1389 (8th Cir. 1985). Last year, the legislature
enacted a state law similarly prohibiting display of sexually explicit material which is
harmful to minors unless items are kept in sealed wrappers and, where the cover itself
would be harmful to minors, within opaque covers. Minn. Stat. I. 617.293 (1988). This •
law has the potential to protect minors from exposure to sexually oriented materials.
Communities also have considerable discretion to regulate signage so that the exterior
of sexually oriented businesses does not expose unwitting observers to sexually explicit
messages.
1 RECOMMENDATIONS
1
1. Prior to enacting licensing regulations, communities should
document findings of adverse secondary effects of sexually oriented
businesses and the relationship between these effects and proposed
regulations so that such regulations can be upheld if challenged in
court.
•
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2. Communities should adopt regulations
which likelihood of criminal activity related to sexually oriented bu ine the
sine
1 including bUt not limited to open booth ordinances dsses,
ordinanc
which authorize denial or revocation of licenses when the licensee has
committed offenses relevant to the operation of the business, has
3. Communities should adopt regulations which reduce
exposure of the community and minors to the blighting appearance
sexually oriented businesses including but not limited to regulations
signage
of
signage and exterior design of such businesses and should
ons of
state law requiring sealed wrappersQuid enforce
and opaque covers on sexually
oriented material.
•
.1
CONCLUSION
There are many actions which communities may take
themselves from the adverse secondary effects of sexuallyfthorienin ted
Prosecution of obscenity crimes can play a vital role in decreasingousibesses._
sexually oriented businesses and removing the profitability °f:
standards from local outlets. Forfeiture and injunctions
to which violate community
should be available where sexually oriented businesses are the prevent
public nuisance ated
•crimes and violations of laws pertaining togambling, site of sex-related
These actions will remove the most egregious establishments
or controlled substances.
ants from communities.
Zoning can reduce the likelihood that sexually oriented .businesses will lead to
neighborhood blight, Licensing canseverthe link between at least so
and sexually oriented businesses. Regulation and enforcement me crime figures
from exposure to sexually explicit materials. can protect minors
The Attorney General's Working Group on the Regulation of Sexually
d
Businesses believes that prosecution, seizure of profits, zoning regulationOf
sexually oriented businesses should only be done in keeping wand of
P 9 ith the constitutional
•
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i
► requirements of the First Amendment. Rational regulation can be fashioned to protect
both our communities and our constitutional rights. • •
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SUPPLEMENT TO THE 1988
1987 ZONING STUDY
A Staff Report
Prepared by the Division of Planning
Department of Planning and Economic Development •
• City Hall Annex
25 West Fourth Street
Saint Paul, Minnesota 55102
•
•
ADULT ENTERTAINMENT
STAFF REPORT
• April 1988
Planning Division
Department of Planning and Economic Development
•
•
TABLE OF CONTENTS
i
Introduction
Key Features of the Substitute Amendment 3
Appendix A: Map
Appendix B: Text of Substitute Amendment
Credits
•
INTRODUCTION
•
On November 5, 1986, the City Council adopted a resolution requesting the
Planning Commission to study possible amendments to the Zoning Code so as to
restrict adult uses to Industrially Zoned Districts only, and other amendments
relating to adult uses which the Commission should deem advisable. This
request was the result of a growing concern among Saint Paul citizens that the
City's existing adult entertainment zoning provisions, adopted in 1983, do not
adequately address the land use problems associated with adult entertainment.
The following is a chronology of notable events related to the adult
entertainment zoning issue in Saint Paul which have occurred subsequent to the
City Council's request:
November 5, 1986 City Council resolution (Council File No. 86-1564)
requesting the Planning Commission to study the issue
of adult entertainment and to consider amendments to
the Zoning Code proposed by Councilmember William L.
Wilson.
June 26, 1987 Planning Commission public' hearing on proposed
amendments--Part 1.
July 10, 1987 Planning Commission public hearing on proposed
amendments--Part 2.
August 14, 1987 Planning Commission resolution"forwarding-40-acre' ' •
study to Mayor and City Council for review and action
and recommending amendments attached to the 40-acre
study.
November 17, 1987 Mayor Latimer transmits amendments to City Council and
recommends approval.
January 28, 1988 City Council public hearing on proposed amendments;
proposed amendments referred to Housing and Economic
Development Committee.
April 14, 1988 Housing and Economic Development Committee recommends
substitute amendment; Mayor Latimer announces support
of substitute amendment.
The substitute amendment differs from the original proposal in several basic
ways. First, whereas the original proposal was to restrict adult uses to
industrial zones, the substitute amendment also permits adult uses in B-3, B-4
and B-5 commercial zones. Secondly, the original proposal was to maximize the
distance between adult uses and residential areas while the substitute
amendment relaxes this requirement somewhat and places a greater emphasis on
deconcentration through increasing the required spacing between adult uses.
Finally, the substitute amendment requires that each type of adult use be
considered a single use (and thus, no more than one type of adult use is
allowed in any one building) ; under the original proposal, multi-functional
adult facilities would have been permitted.
1
KEY FEATURES OF THE SUBSTITUTE AMENDMENT
111/ Background
This section discusses nine key features of the substitute amendment and
explains the rationale for each. The features are as follows:
1. Areas where adult uses are permitted.
2. Treatment of various types of adult uses.
3. Spacing between adult uses.
4. Distance from adult uses to residential zones.
5. Distance from adult uses to "protected uses".
6. Limit to one type of adult use per building.
7. Amount of land available for new adult uses.
8. Review of the Special Condition Use Permit.
9. Prohibition of obscene works and illegal activities.
Discussion of Substitute Amendment
1. Areas Where Adult Uses Are Permitted
EXPLANATION: The substitute amendment permits adult uses both outside of
downtown (B-3, I-1 and I-2 zones) and downtown (B-4 and B-5 zones) .
RATIONALE: This requirement is the same as in the current Zoning Code.
111/ It is based on findings that adult uses are harmful to surrounding
commercial establishments but that significant spacing requirements
between adult uses can minimize the harm in zoning districts which are
reserved for the most intensive commercial activity. It is further
based on a decision that there should be an increase in the spacing
between individual adult uses to minimize the danger that a cluster of
adult uses could develop in a single part of the city.
2. Treatment of Various Types of Adult Uses
EXPLANATION: The substitute amendment treats all types of adult uses
equally.
RATIONALE: The current Zoning Code treats all types of adult uses
equally. In contrast, the original proposal applied more stringent
zoning requirements to adult bookstores, motion picture theatres, mini-
motion picture theatres and cabarets than to adult massage parlors,
health clubs, steam baths (saunas) and conversation/rap parlors. The
earlier recommendation relied on evidence that in Saint Paul, a greater
negative land use impact was associated with adult bookstores, motion
picture theatres, mini-motion picture theatres and cabarets. However,
most, if not all, existing statistical studies of the impact of adult
entertainment do not differentiate between different types of adult uses .
and do not recognize that the land use impact of various types of adult
. uses is significantly different. Moreover, equal treatment of all types
of adult uses is consistent with the emphasis on deconcentration in the
3
•
substitute amendment. If different types of businesses do have
different land use impacts, it promotes deconcentration for them to be
mixed in a random fashion throughout the city.
3. Spacing Between Adult Uses
EXPLANATION: The required.spacing between individual adult uses in the
substitute- amendment is as follows:
Outside of Downtown (B-3, I-1, 1-2): 2640 feet.
Downtown (B-4, B-5) : 1320 feet.
This contrasts with the following spacing requirements in the current
Zoning Code:
Outside of Downtown (B-3, I-1, 1-2): 1320 feet.
Downtown (B-4, B-5) : 300 feet.
RATIONALE: Studies by the cities of Phoenix and Indianapolis indicate
that the negative land use impact of a single adult business extends for
up to three blocks (see 40-Acre Study, p. 15) . Thus, to ensure that
negative impacts from surrounding adult businesses do not accrue from
two directions, a minimum spacing of 6 blocks between adult uses should
be required. In Saint Paul, long blocks outside of downtown are 660
feet in length (street to street) while blocks in the downtown area have _
411
a length of 330 feet. Thus, a 6-block spacing requirement would be
equivalent to 3960 feet outside of downtown and 1980 feet downtown. In
short, the proposed spacing requirements are not excessive. Indeed,
they have been reduced to enable the City to provide a sufficient land
mass available for adult uses and sites for a sufficient number of new
adult uses on that land mass (see #8 below) .
•
4. Distance From Adult Uses to Residential Zones.
EXPLANATION: The required distance between adult uses and residential
zones in the substitute amendment is as follows
Outside of Downtown (B-3, I-1, 1-2) : 800 feet.
Downtown (B-4, B-5) : 400 feet.
This contrasts with the following distance requirements between adult
uses and residential zones in the current Zoning Code:
Outside of Downtown (B-3, I-1, 1-2): 200 feet.
Downtown (B-4, B-5): 100 feet (to residential uses) .
RATIONALE: As mentioned in #3 above, there is evidence that the negative •
land use impact of a single adult use extends for up to three blocks.
Therefore, to protect property in residential zones from the negative
4
impact of adult uses, distance requirements of 1980 feet outside of
downtown and 990 feet downtown would be appropriate. The proposed
requirements fall short of this standard but, as is true with the
11, spacing requirements discussed in #3 above, are necessary to provide
enough land and sites for potential future adult uses.
5. Distance From Adult Uses to "Protected Uses"
EXPLANATION: The substitute amendment designates the following uses as
"protected uses": residential uses; day care centers; houses of-worship;
public libraries; schools; public parks/parkways; public recreation
centers and facilities; fire stations; community residential facilities;
missions; hotels/motels.
The required distance between adult uses and protected uses in the
substitute amendment is as follows:
Outside of Downtown (B-3, I-1, 1-2) : 400 feet.
Downtown (B-4, B-5): 200 feet.
This contrasts with the following situation involving protected uses in
the current Zoning Code:
Outside of Downtown (8-3, I-1, 1-2) : no protected uses.
Downtown (8-4, B-5)": 100 feet (applies only to residential uses) .
1111
RATIONALE: It is somewhat unusual for a Zoning Code to provide
protection from adult entertainment to uses found outside of residential
zones or small, neighborhood business zones. Nevertheless, the proposed
protected uses are justified because all can occur outside of
residential zones and because all involve populations which are
particularly vulnerable to the negative impact of adult entertainment.
The proposed protected uses are residential in character (including
hotels/motels which often have permanent residents as well as transient
residents) , or involve children (including fire stations which in Saint
Paul are used for bicycle registration as well as school field trips) ,
or serve a rehabilitative function for problem populations.
Furthermore, hotels and motels should be separated from adult uses
because they can easily become centers of prostitution.
The evidence mentioned in #3 above would justify larger distance
requirements between adult uses and protected uses. However, smaller
distance requirements are proposed to provide enough land and sites for
potential future adult uses.
6. Limit to One Type of Adult Use Per Building
EXPLANATION: The substitute amendment defines nine different types of
adult uses--adult bookstores, cabarets, conversation/rap parlors,
health/sport clubs, massage parlors, mini-motion picture theatres,
motion picture theatres, steamroom/bathhouse facilities, and "other
5
adult uses.." It is stipulated that each type of adult use is considered
to be a single use and that no two adult uses may locate in a single
building but must conform to the relevant spacing requirement (2640 feet Illp
in B-3, I-1 and I-2 zones; 1320 feet in B-4 and B-5 zones) . In
contrast, the existing Zoning Code considers multi-function adult
businesses as a single adult use.
RATIONALE: Studies in numerous cities have concluded that concentrations
of adult uses have harmful land use impacts. In 1972, Detroit
determined that concentrations involving sex-related businesses
contribute to a "skid row" effect (40-Acre Study, p. 3) . The City of
Phoenix determined that a study area with one of the city's highest
concentrations of adult businesses had a sex crime rate over 11 times as
large as a similar area having no adult businesses (40-Acre Study, p.
15) .
In Saint Paul, a study done in 1978 examined both alcohol-related and
sex-related adult businesses and concluded that significantly higher
crime rates are associated with two such businesses in an area, and
significantly lower property values are associated with three such
businesses in an area (40-Acre Study, p. 17) . Moreover, the 1987 40-
Acre Study contains statistics showing that most prostitution arrests in
the city occur within four blocks on either side of the concentration of
four adult businesses at the University-Dale intersection. Other
problems experienced by this neighborhood include a generally high crime
rate, the propositioning and harassment of neighborhood women, and a
general perception that the University-Dale area is an unsafe place due
to the concentration of adult entertainment that exists there (40-Acre
Study, pp. 19-23) .
Finally, Saint Paul's experience with redevelopment planning highlights
the problems created by concentrations of adult uses in the city. In
the early 1980's, there were two concentrations of adult uses in Saint
Paul, one in the North Wabasha area of downtown and one at University
and Dale. The North Wabasha concentration was determined to be a
blighting influence inhibiting development between the downtown core and
the capitol. The City's acquisition of the adult businesses in this
area led to significant new development, including the World Trade
Center and the expansion of the Saint Paul Center shopping complex.
Similarly, it is- expected that the City's current plans to acquire key -
adult businesses at University and Dale will lead to beneficial new
development in that neighborhood.
There is also considerable evidence that multi-functional adult
entertainment complexes can be the equivalent of concentrations of adult
uses. Saint Paul's 1987 40-Acre Study of adult entertainment warns that
a single, large adult entertainment complex at the University-Dale
intersection could create the same conditions as those created by the
existing concentration of adult businesses in the neighborhood (40-Acre
Study, p. 29) . Two considerations reinforce this warning.
First, there are already two multi-functional adult businesses at the
University-Dale intersection. It has historically been the case that
residents of the University-Dale neighborhood perceive these businesses
to be a greater land use problem than the two single-function adult
6
•
businesses in the same area. Neighborhood residents have long targeted
the two multi-functional facilities as the focus of their picketing and
policing activities.
Secondly, the nature of multi-functional adult businesses duplicates a
situation which is similar to a concentration of two or more separate
adult businesses. Multi-functional adult businesses can serve 'various
types of customers simultaneously or sequentially. In several ways,
this situation heightens the likelihood that adult entertainment will
lead to neighborhood problems:
o Variety of Neighborhood Impacts: Multiple types of adult uses
create multiple opportunities for negative neighborhood impacts.
For example, two frequently-reported problems in the University-
Dale neighborhood are the harassment of women who are mistaken for
prostitutes and the discarding of hard-core pornographic
literature on residential property where it becomes available to
minors (testimony at Planning Commission public hearing, 6/26/87
and 7/10/87--see 40-Acre Study, pp. 55, 56) . Although sex-related
harassment could be caused by any single type of adult
entertainment, it nevertheless is true that the discarding of
pornographic literature is most strongly associated with adult
bookstores because that is where such literature originates.
Thus, the combination of book and magazine sales with other types
of adult entertainment increases the likelihood that surrounding
neighborhoods will suffer from sex-related negative land use
impacts.
111/ o Intensity of Neighborhood Impacts: The presence of several types
of adult uses in one structure increases the likelihood that a
larger number of customers will frequent the adult entertainment
establishment. Even if only a small percentage of such customers
are directly responsible for neighborhood problems, the larger
number of customers in itself increases the likelihood that such
problems will occur. The possibility that any one customer can
engage sequentially in several types of adult entertainment also
is cause for concern. Some psychological studies have shown that
exposure to pornography heightens sexual aggression. Thus, it is
reasonable to conclude that customers in multi-functional adult
businesses;--because -they have more opportunity for prolonged
exposure to pornography, may be more likely to behave aggressively
toward neighborhood residents.
o "Sex for Sale" Image: The Planning Commission received
testimony that the University-Dale area suffers from a general
"sex for sale" image that attracts street prostitutes and their
customers, and demoralizes other businesses and neighborhood
residents who do not wish to be associated with this image
(40-Acre Study, p. 54) . A multiplication of types of adult uses
in a single facility could create this image as easily as several
separate facilities.
There is precedent for the requirement that no more than one type of
adult use be permitted in any building. State law in North Carolina
permits no more than one type of adult use per building. Moreover,
•
7
North Carolina's provision has been tested in federal court and upheld
as constitutional.
7. Amount of Land Available for New Adult Uses S
EXPLANATION: The substitute amendment makes available the following
amount of land for new adult uses in Saint Paul:
o Outside of Downtown: 2077 acres (6.3% of all non-downtown land)
(B-3, I-1, 1-2)
o Downtown: 100 acres (20.4% of all downtown land)
(B-4, B-S)
o Total: 2177 acres (6.5% of all city land)
Acreage calculations are based on all developed and vacant land,
including streets and alleys but excluding lakes and rivers.
Percentages were calculated using the following figures:
o Area Outside of Downtown: 32,922 acres
o Downtown Area: 490 acres
o Total Area: 33,412 acres
The following is an estimate of the maximum number of new adult uses
that could locate in Saint Paul on the land available for adult
entertainment: •
o Absolute Site Capacity: 44
o Relative Site Capacity: 28
•
In the above calculations, "absolute site capacity" refers to the number
of adult establishments that could fit on the land within the
limitations of the substitute amendment, calculated without regard for
existing infrastructure, existing development, or suitability of land
for development. In contrast, "relative site capacity" refers to the
numberofadult establishments -that-could -be located on existing street - - - -
frontage, calculated without regard for existing development or
suitability of land for development.
RATIONALE: The City Attorney has advised that the proposed ordinance
adhere to three guidelines. First, more than 5 percent of the city's
land should be available for adult uses. This figure is a useful
guideline because the City of Renton, Washington has a zoning ordinance
limiting adult uses to 5 percent of its land mass. This ordinance has
been upheld as constitutional by the United States Supreme Court.
Secondly, the quality;of the land is also important--a significant
amount of the available land should be developable. Finally, there
should be enough land to accommodate expected future adult business
development.
8
Staff believes that the substitute amendment meets these guidelines but
that the proposal could not become significantly more restrictive
without endangering the City's conformance to the.guidelines. First,
• the available land mass is 6.5% of the city's total, comfortably above
the 5% standard. However, a significant part of this percentage is
devoted to the airport and the waste water treatment plant, uses which
are not likely to be redeveloped in the foreseeable future. Secondly,
the available land includes sites with fairly good development
potential. However, if the required distance to "protected uses" were
significantly expanded, few such sites would remain. Finally, the
"relative site capacity" of 28 exceeds the number of existing adult uses
in Saint Paul (18) . However, because two of Saint Paul's existing adult
uses are multi-functional facilities (with 3 or 4 types of adult uses
per business) , it is preferable to calculate the existing number of
adult uses to be 24. Thus, it is not advisable to make the ordinance
more restrictive in a way that would reduce the city's relative site
capacity for adult uses.
8. Review of the Special Condition Use Permit
EXPLANATION: The substitute amendment requires an annual review of each
adult use's Special Condition Use Permit. The Zoning Code currently
requires that an adult use obtain a Special Condition Use Permit but
does not provide for an annual review.
RATIONALE: Because the substitute amendment requires that there be only
one type of adult use. per building, the annual review of the Special
Condition Use Permit will ensure that no- additional uses are added to
the type of adult use that is permitted.
9. Prohibition of Obscene Works and Illegal Activities
EXPLANATION: In numerous places, the substitute amendment stipulates
that obscene and illegal activities are not permitted in adult uses.
This is not explicitly stated in the Zoning Code currently.
RATIONALE: This provision is intended to guard against the conclusion
that the Zoning Code permits activities which the City can and should
prohibit as illegal.
i
9
•
APPENDIX A
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a
APPENDIX B
TEXT OF SUBSTITUTE AMENDMENT
•
•
CREDITS
S
Administration and Policy Direction:
Kenneth R. Johnson, Director
Peggy A. Reichert, Deputy Director for Planning
Lawrence Soderholm, Principal Planner
Planning and Research:
Mark E. Vander Schaaf, City Planner
•
s+t7E - CIrY Ct:ERK
2,vr414 - rim•meE
:AWA RY _oEPAR rMEM7 C
CITY OF ,SAINT PAUI. Council I •
:A I.UE -MAYOR File N O. 05?` 9 /
• .0�din�nc Ordinance N O. I • •
` I . A !
)- flied By
.111V
Referred To Committee: Date
Out of Committee By Date •
An ordinance amending chapter 60 of the
Saint Paul Legislative Code pertaining to
'Zoning Regulations. •
_
•
•
WHEREAS, the existing Saint Paul Zoning Code permits adult uses to be
located only in certain zoning classification districts; and
•
WHEREAS, the Planning Commission has conducted a study of the existing
zoning provisions for adult-type uses and has recommended that these
regulations be modired; and
WHEREAS, some of the purposes of restricting adult-only type uses •
include the following findings:
Areas within close walking distance of residential dwellings and other
general commercial uses should be free of adult entertainment land uses.
Areas where children could be expected to walk, patronize or recreate
• should be free of certain adult entertainment land uses.
Adult-only entertainment land uses should be located in areas of the
city which are not in close proximity to residential uses, churches,
. parks and other public facilities, schools, and other commercial uses.
The image of the City of Saint Paul as a pleasant and attractive place
to reside will be adversely affected by the presence of adult
entertainment land uses in close proximity to residential land uses,
churches, parks, and other public facilities, schools and general
commercial uses.
Regulation of adult entertainment land uses should be developed to
prevent deterioration and/or degradation of the vitality of the
community before the problem exists or gets worse, rather than in ,
response to an existing problem.
COUNCILtMEN
Nays Requested by Department of:
thew
Nicosia In Favor
Rectman
Scheibe' Against By •
Sonnet
Tedesco
�
Wiisony Council: Date
Form Approved by City Attorney
d Passed by Council Secretary By
ed by Mayor: Date Approved by Mayor for Submission to Council
•
•
Commercial areas of the city patronized by young people and children
. should be free of adult entertainment land uses.
Adult entertainment land uses should be regulated by zoning to separate
it from other dissimilar uses just as any other land use should be
separated from uses with characteristics different from itself.
Residents of the City of Saint Paul , and persons who are non-residents
but use the city for shopping and other commercial needs, will move from.
the community or shop elsewhere if adult entertainment land uses are
allowed to locate in close proximity to residential and other commercial
uses, churches, . parks, and other public facilities and schools.
Location of adult entertainment land uses in proximity to residential
uses, churches, parks and other public facilities, and schools and
commercial uses may lead to increased levels of criminal activities,
including prostitution, rape, incest and assaults in the vicinity of
such adult entertainment land uses.
Merchants in the commercial area of the city are concerned about adverse
impacts upon the character and quality of the city in the event that
adult entertainment land uses are located within close proximity to
residential and commercial uses, churches, parks and other public
facilities and schools. Location of adult entertainment land uses in
close proximity to residential and commercial uses, churches, parks, and
other public facilities and schools, will reduce retail trade to
commercial uses in the vicinity, thus reducing property values and tax
41Ikrevenues to the City. Such adverse effects on property values will
cause the loss of some commercial establishments followed by a blighting
effect upon the commercial districts within the city, leading to further
deterioration of the commercial quality of the city.
No evidence has been presented to show that the location of adult
entertainment land uses within the city will improve the commercial
viability of the community.
Experience in numerous other cities, including Saint Paul , Minneapolis,
Indianapolis, Phoenix, Los Angeles, Seattle, Tacoma and Detroit have
shown that location of adult entertainment land uses degrade the quality
of the area of the city in which they are located and cause a blighting
effect upon the city.
A reasonable regulation of the location of adult entertainment land uses
will provide for the protection of the image of the community and its
property values, and protect the residents of the community from the
adverse effects of such adult entertainment land uses, while providing
to those who desire to patronize adult entertainment land uses such an
opportunity in areas of the city which are appropriate for location of
adult entertainment land uses.
The community will be an. undesirable place to live and shop in if it is
• known on the basis of its image as the location of adult entertainment
land uses.
2
Astable atmosphere for the rearing of families cannot be achieved in
close proximity to adult entertainment land uses.
The initial location of adult entertainment land uses will lead to the
location of additional and similar uses within the same vicinity, thus
multiplying the adverse impact of the initial location of adult
entertainment land uses upon the residential and commercial uses,
churches, parks and other public facilities and schools, and the impact
upon the image and quality of the character of the community.
•
•
•
•
•
•
. .
•
•
1110
3
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
e 1.
That the definitions for theSterctionms Adult Bookstore, Adult Cabaret, Adult
Conversation/Rap Parlor, Adult Health/Sports Club, Adult Massage Parlor, Adult
Mini-Motion Picture Theatre, Adult Motion Picture Theatre, Adult Steam Room/
Bathhouse Facility and Adult Uses, contained in section 60.201 of the Saint
Paul Legislative Code, be and are hereby amended to read 'as follows:
•
Adult bookstore. A shop building or portion of a building 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 shop
building or portion of a building is not open to the public generally but only
to one or more classes of the public excluding any minor by reason of age: s
or if a substantial or significant portion of such items are distinguished or
characterized by an emphasis on the depiction or description of "specified
sexual activities" or "specified anatomical areas." No obscene work shall be
allowed.
Adult cabaret. An-establ4shment-wh4eh-prev4des A building or portion of
a building used for providing ge-ge-daneers;-exetie-daneers;-strippers;-er
s4m4lar-enterta4ners dancing or other live entertainment, if such building or
portion of a building and-wh4eh excludes minors by virtue of age: , or if such
dancing or other live entertainment is distinauished or characterizedby an
emphasis on the presentation, display, depiction or description of "specified
sexual activities" or "specified anatomical areas." No obscene work shall be
allowed.
Adult conversation/rap parlor. A conversation/rap parlor which excludes
minors by reason of age, or which provides the service 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. " No obscene work shall be allowed.
Adult health/sport club. A health/sport club which excludes minors by
reason of age, or if such club is distinguished or characterized by an
emphasis on "specifiedsexual activities" or "specified anatomical areas." No
obscene work shall be allowed.
Adult massage parlor. A massage parlor which restricts minors by reason
of ace. or which provides the service of "massage", if such service is
distinguished or characterized by an emphasis on "soecified sexual activities"
or "specified anatomical areas. " No obscene work shall be allowed.
Adult mini-motion picture theatre. An-enelesed-building A building or
portion of a building with a capacity for less than 50 persons used for
presenting material defined-by-M4nneseta-Statutes-6I7 292-as--sexually
preveeat4ve2-and-whieh if such buildina or portion of a building as a
prevailing practice excludes minors by virtue of age: , or if such.material is
distinguished or characterized by an emohasis on the depiction or descriotion
of "specified sexual activities" or "specified anatomical areas" for
4" observation by patrons therein. No obscene work shall be allowed. •
•
4
•
•
Adult motion picture theatre. An-enelesed-building A building or
portion of a building with a capacity of 50 or more persons used for
presenting material de€ined-by-M4nneseta-Statutes-617.292-as--sexually
preveeative-and-whisk if such building or portion of a building as a
prevailing practice excludes minors by virtue of age: , or if such material is '
distinguished or characterized by an emphasis on the depiction or description
of "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein. No obscene work shall be allowed.
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, bathina, relaxation, or reducing, utilizina 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 or 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. No obscene
work shall be allowed.
Adult uses. Adult-uses-are-these-uses-exeluding-bars-wkich-are-net-epee
te-the-public-generally-but-enly-te-ene-er-mere-€lasses-e€-the-public-and
exeluding-any-miner-by-reasen-ef-age;-a-miner-being-a-persen-ender-the-age-e€
eighteen-years: Adult uses include;-but-are-net-limited-te; adult bookstores,
• adult motion picture theatres, adult mini-motion picture theatres, adult
massage parlors, adult steam room/bathhouse facilities, adult rap/conversation
parlors, adult health/sport clubs, adult cabarets, er-similar-adult-uses: and
other premises, enterprises, businesses or places open to some or all members
of the public, at or in which there is an emphasis on the presentation,
display, depiction or description of "specified sexual activities" or
"specified anatomical areas" which are capable of being seen by members of the
public. No obscene work shall be allowed.
Section 2.
That the definition of Conversation/Rap Parlors contained in section
60.203 of the Saint Paul Legislative Code be and is hereby amended to read as
follows:
Conversation/rap parlors. An-establishment A buildina or portion of a
buildina in which there is 14eensed-by-6hapter-413-ef-the-6ity-Gre4nanee-and
advertising, offering or selling the service of engaging in or listening to
conversation,_talk or discussion between-aa-empleyee-e€-the-establishment-and
a-customer, regardless of whether other goods or services are also •
simultaneously advertised, offered or sold, and regardless of whether those
other goods or services are also required to be licensed.
The term "conversation parlor" shall not include bona fide legal ,
medical , psychiatric, psychological , or counseling services by a person or
firm appropriately licensed; or bona fide educational institutions, or panels,
seminars or other similar services offered by such institutions; or churches
or synagogues.
• Section 3.
•
That section 60.208 of the Saint Paul Legislative Code be and is hereby
•
amended so as to add the following thereto:
5 •
•
- - _ m
. Health/sport club. A building or portion of a building designed and
eouipoed for the conduct of sports. exercise, leisure time activities or other
customary and usual recreational activities, operated for profit or not-for-
profit and which can be open only to bona fide members and guests of the
organization or open to the public for afee.
Section 4.
That the definition of massage parlor; steam room/bathhouse facility,
health club contained in section 60.213 of the Saint Paul Legislative Code be •
and is hereby amended to read as follows: .
Massage parlor;-steam-reem/bathheuse-€aeility;-health-eleb, An
establishment-licensed-by-chapter-412-ef-the-city-Legislative-Cede A building
or portion of a building which is used for offering "massage" defined as the
rubbing, stroking, kneading, tapping or rolling of the body, for the purposes
of pleasure, relaxation, physical fitness, or beautification, offered for a
fee or other valuable consideration. and-which-restricts-miners-by-virtue-ef
age-and-iAElad4ng-physical-eultere-and-health-services;-physical-culture-and
health-club;-redeeing-club;-redue4ng-sales -and-massage-parley: This
definition shall include any building, room, structure, place or establishment
used by the public other than a hospital , sanatorium, rest home, nursing home,
boarding home or other institution for the hospitalization or care of human
beings, duly licensed under the provisions of Minnesota Statutes, Sections
144.50 through 144.703, inclusive, where non-medical and non-surgical
• manipulation exercises or massages are practiced upon the human body for a fee
or other valuable consideration by anyone not duly licensed by the State of
Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical
therapy, or podiatry, with or without the use of mechanical , therapeutic, or
bathing devices, or any room or rooms from which a masseur or masseuse is
dispatched by telephone or otherwise for the purpose of giving a massage. •
previded-that-ne-massage-fey-a-€ee-shall-be-given-except-iA-a-licensed
premise: •
• Section 5.
That section 60.215 of the Saint Paul Legislative Code be and is hereby
amended so as to add the following thereto:
Obscene. Obscene has the same meaning as defined in chapter 274 of the
Saint Paul Legislative Code.
Obscene work. Obscene work has the same meaning as defined in chapter
274 of the Saint Paul Lecisiative Code.
Section 6.
That section 60.219 of the Saint Paul Legislative Code be and is hereby
amended so as to add the following thereto:
Steam room/bathhouse facility. A building or portion of a building used
for orovidina 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 acent.
6
• Specified anatomical areas.
i1 , Less than comOletely and opaquely covered: (a) human genitals, (b)
pubic region, (c) buttock, and (d) female breast below a point •
immediately above the too of the areola; and •-
jj Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
Specified sexual activities. •
ill Human genitals in a state of sexual stimulation or arousal :
ill Acts of human masturbation, sexual intercourse or sodomy; and
j1 Fondling or other erotic touching of human aen•itals. pubic reoion,
buttock or female breast.
No obscene work shall be allowed.
Section 7.
That Section 60.532, clause (2)h of the Saint Paul Legislative Code is
hereby amended to read as follows:
(h) Physical-culture-and health/sport clubsz. and-reducing-salens-
conversation/rap parlors, massage parlors and steam room/bathhouse
facilities which are not adult uses.
Section 8.
•
That Section 60.543, clauses 10, 11, 12, 13, 14, 15, 16, 17 and 18 of
the Saint Paul Legislative Code be and are hereby amended to read as follows:
(10) Adult uses bookstores subject to the following conditions:
(a) The uses adult bookstore shall be located at least one-thousand
three-hundred-twenty-f432g3 2640 radial feet from any other adult
use in any municipality measured in a straight line from the
closest points of the orooertvlinesof -the buildings in-which the
adult uses are located.
(b) The adult use bookstore shall be located at least two-hundred-(2003
800 radial feet from any residentially zoned property in any
municipality, measured in a straight line from the closest point of •
the property line of the building in which the adult use bookstore
is located to the closest residentially zoned property line;-this
eendit4en-may-be-waived-by-the-planning-eemm4ss4en-if-the-person
applying-for-the-waiver-shall-€ile-with-the-planning-adm4n4sLrater
a-sensent-pet4tien-which-4ndieates-appreval-e€-the-prepesed-adult
use-by-99-percent-e€-the-property-ewners-within-2gg-radial-feet-e€
the-let-on-which-the-use-would-be-located;-the-planning-commission;
eensidering-such-a-waiver;-shall-make-the-€allowing-findings=-that
the-prepesed-use-will-net-be-eontrary-to-the-publ4e-4nterest-er
7
•
injurieas-te-nearby-preperties;-and-that-the-spirit-and-intent-ef
• the-erdinanee-will-be-ebserved;-that-the-prepesed-ase-will-net
enlarge-er-en€enrage-the-develepment-of-a-uskid-rew=-area;-that-the
establishment-ef-an-additienal-use-ef-this-type-in-the-area-will
• net-be-sentrary-te-any-pregram-ef-neighberheed-senservatien-er
imprevement;-either-residential-er-nen-residential;-and-that-all
appl4eable-regalat4ens-ef-th4s-erdinanee-will-be-ebservee
Lc_l The adult bookstore shall be located at least 400 radial feet from
any "protected use", defined as: a building in which a majority of
floor space is used for residential purposes; a day care center
where such day care center is a principal use; a house of worship;
a public library; a school (public, parochial or private
elementary, junior high or high school ) ; a public regional park or
parkway, public park, public recreation center or public
specialized recreation facility as identified in the parks and
recreation element of the Saint Paul comprehensive plan; a fire
station; a community residential facility.; a mission or a
hotel/motel . The distance shall be measured in a straight line
from the closest point of the property line of the building in
which the adult bookstore 'is located to the closest point of the
property line of the building in which is located an aforementioned
protected use.
(d) There-shall-be-ne-aeeess-frem-the-building-in-whieh-the-use-is
leeated-te-the-alley-er-te-residentially-zoned-property:
Conditions b and/or c may be waived by the planning commission if
• the person applying for the waiver shall file with the planning
• administrator a consent petition which indicates approval of the
proposed adult bookstore by 90 percent of the property owners
within 800 radial feet of the lot on which the use would be
located; the planning commission, in considering such a waiver,
shall make the following findings: that the proposed use will not
be contrary to the public interest or injurious to nearby •
properties, and that the spirit and intent of the ordinance will be
observed; that the proposed use will not enlarge or encourage the
development of a "skidrow" area: that the establishment of an
additional use of this type in the area will not be contrary to any
. program of neighborhood conservation or improvement, either
residential or non-residential : and that all applicable regulations
of this ordinaries will be observed. - - -
(e) All signs shall comply with chapter 66 of the zoning code and with
chapters 274 and 275 of the Saint Paul Legislative Code.
No person shall engage in any activity or conduct or permit any
other person to engage in any activity or conduct in the adult
bookstore which is prohibited by any ordinance of the City of Saint
Paul , the laws of the State of Minnesota, or the United States of
America. Nothing in this ordinance shall be construed as
authorizing or permitting conduct which is prohibited or regulated
by other statutes or ordinances, including but not limited to
statutes or ordinances prohibiting the exhibition, sale or
• distribution of obscene material generally, or the exhibition, sale
or distribution of specified materials to minors. No obscene work
8
I 1 - • r_ t/
shall be allowed.
•
The special condition use permit for the adult bookstore shall be
reviewed annually to ensure that no change in use occurs and that
no additional adult uses are added to the buildina containing the
adult bookstore.
�h , The adult bookstore is considered to be one use. No two adult uses
can be in the same buildina but must be spaced 2640 radial feet -
apart.
(ci) The use adult bookstore shall not be located within a building also •
used for residential purposes.
(11) Adult cabarets subject to the same conditions listed above in 60.543(10)
for adult bookstores, with the substitution of the phrase "adult
cabaret" for the phrase "adult bookstore" wherever it appears. The
adult cabaret is considered to be one use. No two adult uses can be in
the same building but must be spaced 2640 radial feet apart.
(12) Adult conversation/rao parlors subject to the same conditions listed
above in 60.543(10) for adult bookstores, with the substitution of the
phrase "adult conversation/rap parlor" for the phrase "adult bookstore"
wherever it appears. The adult conversation/rap parlor is considered to
be one use. No two adult uses can be in the same building but must be
spaced 2640 radial feet apart.
(13) Adult health/sports clubs subject to the same conditions listed above in
60.543(10) for adult bookstores, with the substitution of the phrase
"adult health/sports club" for the phrase "adult bookstore" wherever it ___. .:__ ..
appears. The adult health/sports club is considered to be one use. No •
two adult uses can be in the same building but must be spaced 2640
radial feet apart.'
(14) Adult massage parlors subject to the same conditions listed above in
60.543(10) for adult bookstores, with the substitution of the phrase
"adult massage parlor" for the phrase "adult bookstore" wherever it
appears. The adult health/sports club is considered to be one use. No
two adult uses can be in the same building but must be spaced 2640
radial feet apart.
(15) Adult mini-motion picture theatres subject to the same conditions listed
.above in 60.543(10) for adult bookstores, with the substitution of the
phrase "adult mini-motion picture theatre" for the phrase "adult
bookstore" wherever it appears. The adult mini-motion picture theatre
is considered to be one use. No two adult uses can be in the same
buildina but must be spaced 2640 radial feet apart.
(161 Adult motion picture theatres subject to the same conditionslisted
above in 60.543(10) for adult bookstores, with the substitution of the
phrase "adult motion picture theatre" for the phrase "adult bookstore"
wherever it aooears. The adult motion picture theatre is -considered to
be one use. No two adult uses can be in the same buildina but must be
spaced 2640 radial feet apart.
4111
•
9
•
- - - - 14- 2.1-rk
•
•
(17) Adult steam room/bathhouse facilities subject to the same conditions
listed above in 60.543(10) for adult bookstores, with the substitution
of the phrase "adult steam room/bathhouse facility" for the phrase
• "adult bookstore" wherever it appears. The adult steam room/bathhouse
facility is considered to be one use. No two adult uses can be in the
same building but must be spaced 2640 radial feet apart.
(18) Other adult uses subject to the same conditions listed above -in
60.543(10) for adult bookstores, with the substitution of the phrase
"other adult use" for the phrase "adult bookstore" wherever it appears.
The other adult use is considered to be one use. No two adult uses can
be in the same building but must be spaced 2640 radial feet apart.
(1119) Auto repair, subject to the following conditions:
• (a) The minimum lot area shall be fifteen thousand (15,000) square
feet.
(b) A ten-foot landscaped buffer with screen planting and an obscuring
fence shall be required along any property line adjacent to an
existing residence or adjacent to land zoned residential .
(c) All repair work shall be done within an enclosed building.
(d) There shall be no outside storage.
(1220) Accessory buildings, structures, and uses as defined in section 60.201.
• Section 9.
•
That Section 60.554, clauses 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Saint
Paul Legislative Code be and are hereby amended to read as follows: .
(2) Adult uses bookstores subject to the following conditions:
•
(a) The use adult bookstore shall be located. at least three-hundred
(389) 1320 radial feet from any other adult use in any municipality
measured in a straight line from the closest points of the property
lines of the buildings in which the adult uses are located.
(b) The use adult bookstore shall be located at least ene-hundred-(199)
400 radial feet from any residential-use residentially zoned •
property in any municipality, measured in a straight line from the
closest point of the property line of the building in which the use
adult bookstore is located to the bui4d4ng-4A-wh4eh-the-residential
use-4s-leeated closest residentially zoned prooerty line.
• lc , The adult bookstore shall be located at least 200. radial feet from
any "protected use", defined as: a building in ;'hick a majority of
floor space is used for residential purooses; a day care center
where such day care center is a principal use; a house of worship:
a public library: a. school (public, parochial or private
elementary, junior high or high school ) ; a public regional park or
• parkway, public: park, public recreation center or public
specialized recreation facility as identified in the parks and
10
•
recreation element of the Saint Paul comprehensive plan; a fire
station; a community residential facility; a mission or a
hotel/motel . The distance shall be measured in a straight line
from the closest point of the property line of the building in
which the adult bookstore is located to the closest point of the
property line of the building in which is located an aforementioned
protected use.
(d) Conditions b and/or c may be waived by the planning commission if
the person applying for the waiver shall file with the planning
administrator a consent petition which indicates approval of the
proposed adult use by 90 percent of the property owners within 400
radial feet of the lot on which the use would be located; the
planning commission, in considering such a waiver, shall make the
following findings: that the proposed use will not be contrary to
the public interest or injurious to nearby properties, and that the
spirit and intent of the ordinance will be observed; that the
proposed use will not enlarge or encourage the development of a
"skidrow" area: that the establishment of an additional use of this
type in the area will not be contrary to any program of
neighborhood conservation or improvement, either residential or
non-residential ; and that all applicable regulations of this
ordinance will be observed.
•
(de) All signs shall comply with chapter 66 of the zoning code and with
chapters 274 and 275 of the Saint Paul Legislative Code.
(f) No person shall engage in any activity or conduct or permit any
other person to engage in any activity or conduct in the adult
bookstore which is prohibited by any ordinance of the City of
Paul , the laws of the State of Minnesota, or the United States of
• America. Nothing in this ordinance shall be construed as
authorizing or permitting conduct which is prohibited or regulated
by other statutes or ordinances, including but not limited to
statutes or ordinances prohibiting the exhibition, sale or -
. distribution of obscene material generally, or the exhibition, sale
or distribution of specified materials to minors. No obscene work
shall be allowed.
. LEL The special condition use permit for the adult bookstore shall be
reviewed annually to ensure that no chance in use occurs and that
no additional adult uses are added to the building containing the
adult bookstore.
ihl The adult bookstore is considered to be one use. No two adult uses
can be in the same building but must be spaced 1320 radial feet
apart.
(ei) The use adult bookstore shall not be located within a building also
used for residential purposes.
31 Adult cabarets subject to the same conditions listed above in 60.554(2)
for adult bookstores, with the substitution of the phrase' "adult
cabaret" for the phrase "adult bookstore" wherever it appears. The
adult cabaret is considered to be one use. No two adult uses can be in •
11
the same building but must be spaced 1320 radial feet apart.
j� Adult conversation/rap parlors subject to the same conditions listed
• above in 60.554(2) for adult bookstores, with the substitution of the
phrase "adult conversation/rap parlor" for the phrase "adult bookstore"
wherever it appears. The adult conversation/rap parlor is considered to
be one use. No two adult uses can be in the same building but must be
spaced 1320 radial feet apart.
1. J. Adult health/sports clubs subject to the same conditions listed above in
60.554(2) for adult bookstores, with the substitution of the phrase
"adult health/sports club" for the phrase "adult bookstore" wherever it
appears. The adult health/sports club is considered to be one use. No
two adult uses can be in the same building but must be spaced 1320
radial feet apart. _ .
151 Adult massage parlors subject to the same conditions listed above in
60.554(2) for adult bookstores, with the substitution of the phrase
"adult massage parlor" for the phrase "adult bookstore" wherever it
appears. The adult health/sports club is considered to be one use. No
two adult uses can be in the same building but must be spaced 1320
radial feet apart.
L71 Adult mini-motion picture theatres subject to the same conditions listed
above in 60.554(2) for adult bookstores. with the substitution of the
phrase "adult mini-motion picture theatre" for the phrase "adult
bookstore" wherever it appears. The adult mini-motion picture theatre
• is considered to be one use. No two adult uses can be in the same
building but must be spaced 1320 radial feet apart. . •
la' Adult motion picture theatres subject to the same conditions listed
above in 60.554(2) for adult bookstores, with the substitution of the
phrase "adult motion picture theatre" for the phrase "adult bookstore"
wherever it appears. The adult motion picture theatre is considered to
be one use. No two adult uses can be in the same building but must be
spaced 1320 radial feet apart.
121 Adult steam room/bathhouse facilities subject to the same conditions
listed above in 60.554(2) for adult bookstores, with the substitution of •
the phrase "adult steam_room/bathhouse- facility" for the phrase "adult
bookstore" wherever it appears. The adult steam room/bathhouse facility
is considered to be one use. No two adult uses can be in the same
building but must be spaced 1320 radial feet apart.
(10) Other adult uses subject to the same conditions listed above in
60.554(2) for adult bookstores, with the substitution of the phrase
"other adult use" for the phrase "adult bookstore" wherever it appears.
The other adult use is considered to be one use. No two adult uses can
be in the same building but must be spaced 1320 radial feet aoart.
Section 10.
•
That Section 60.563, clauses 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Saint
• Paul Legislative Code be and are hereby amended to read as follows:
•
12
(2) Adult uses bookstores subject to the following conditions: •
(a) The use adult bookstore shall be located at least three-hundred
(399) 1320 radial feet from any other adult use in any municipality
measured in a straight line from the closest points of the property' •
lines of the buildings in which the adult uses are located.
(b) The use adult bookstore shall be located at least one-hundred-(}893
400 radial feet from any residential-use residentially zoned
property in any municipality. measured in a straight line from the
closest point of the property line of the building in which the use
adult bookstore is located to the bu44d4ng-4n-wh4eh-the-resident4al
use-is-leeated; closest residentially zoned property line.
jcZ. The adult bookstore shall be located at least 200 radial feet from •
any "protected use", defined as: a building in which a majority of
floor space is used for residential purposes: a day care center
where such day care center is a principal. use; a house of worship;
a public library; a school (public, parochial or private
elementary, junior high or high school ) ; a public regional park or
parkway, public park, Public recreation center or public
specialized recreation facility as identified in the parks and
recreation element of the Saint Paul comprehensive plan; a fire
station: a community residential facility; a mission or a
hotel/motel . The distance shall be measured in a straight line
from the closest point of the property line of the building in
which the adult bookstore is located to the closest o_oint of the
prooerty line of the building in which is located an aforementioned
protected use. .
(d) Conditions b and/or c may be waived by the planning commission if
the person applying for the waiver shall file with the olannina .
administrator a consent petition which indicates approval of the
proposed adult use by 90 percent of the property owners within 400
radial feet of the lot on which the use would be located; the
planning commission, in considering such a waiver, shall make the
following findings: that the pr000sed use will not be contrary to
the public interest or injuriousto nearby properties, and that the
spirit and intent of the ordinance will be observed; that the
proposed use will not enlarge or encourage the development of a
"skidrow" areas that the establishment of-an-additional- use of this
type in the area will not be contrary to any program of
neighborhood conservation or improvement, either residential or
non-residential : and that all applicable regulations of this
ordinance will be observed.
(de) All signs shall comply with chapter 66 of the zoning code and with
chapters 274 and 275 of the Saint Paul Legislative Code.
jf1 No person shall enaaae in any activity or conduct or permit any
other person to engage in any activity or conduct in the adult
bookstore which is prohibited by any ordinance of the City of Saint
Paul , the laws of the State of Minnesota, or the United States of •
America. Nothing in this ordinance shall be construed as
authorizing or Permitting conduct which is prohibited or regulated
• 13
by other statutes or ordinances, including but not limited to
statutes or ordinances prohibiting the exhibition, sale or
distribution of obscene material generally, or the exhibition, sale
or distribution of specified materials to minors. No obscene work
• shall be allowed.
jai The special condition use permit for the adult bookstore shall be
reviewed annually to ensure that no chance in use occurs and that
no additional adult uses are added to the building containing the
adult bookstore.
The adult bookstore is considered to be one use. No two adult uses
can be in the same building but must be spaced 1320 radial feet
• apart. •
(ei) The use adult bookstore shall not be located within a building also
used for residential purposes.
(3) Adult cabarets subject to the same conditions listed above in 60.563(2)
for adult bookstores, with the substitution of the phrase "adult
cabaret" for the phrase "adult bookstore" wherever it appears. The
adult cabaret is considered to be one use. No two adult uses can be in
the same building but must be spaced 1320 radial feet apart.
j� Adult conversation/rap parlors subject to the same conditions listed
•
above in 60.563(2) for adult bookstores, with the substitution of the
• phrase "adult conversation/rap parlor" for the phrase "adult bookstore"
wherever it appears. The adult conversation/rap parlor is considered to
be one use. No two adult uses can be in the same building but must be
• spaced 1320 radial feet apart.
j5 Adult health/sports clubs subject to the same conditions listed above in
60.563(2) for adult bookstores, with the substitution of the phrase
"adult health/sports club" for the phrase "adult bookstore" wherever it
appears. The adult health/sports club is considered to be one use. No
two adult uses can be in the same building but must be spaced 1320
radial feet apart.
jam. Adult massacre parlors subject to the same conditions listed above in
60.563(2) for adult bookstores, with the substitution of the phrase
"adult massacre parlor" for the phrase "adult bookstore" wherever it
appears. The adult health/sports club is considered to be one use. No
two adult uses can be in the same building but must be spaced 1320
radial feet apart.
j� Adult mini-motion picture theatres subject to the same conditions listed
• above in 60.563(2) for adult bookstores, with the substitution of the
phrase "adult mini-motion picture theatre" for the phrase "adult
bookstore" wherever it appears. The adult mini-motion picture theatre
is considered to be one use. No two adult uses can be in the same •
building but must be spaced 1320 radial feet apart.
jg,. Adult motion picture theatres subject to the same conditions listed
above in 60.563(2) for adult bookstores, with the substitution of the
• phrase "adult motion picture theatre" for the phrase "adult bookstore"
14
wherever it appears. The adult motion picture theatre is considered to
. be one use. No two adult uses can be in the same building but must be
spaced 1320 radial feet apart.
. ,1 Adult steam room/bathhouse facilities subject to the same conditions •
listed above in 60.563(2) for adult bookstores, with the substitution of
the phrase "adult steam room/bathhouse facility" for 'the phrase "adult
- bookstore" wherever it appears. The adult steam room/bathhouse facility
is considered to be one use. No two adult uses can be in the same
building but must be spaced 1320 radial feet apart.
•
(10) Other adult uses subject to the same conditions listed above in
50.563(2) for adult bookstores, with the substitution of the phrase
• "other adult use" for the phrase "adult bookstore" wherever it appears.
The other adult use is considered to be one use. No two adult uses can
be in the same building but must be spaced 1320 radial feet apart.
Section 11
•
That section 60.622, clause 1 of the Saint -Pau] Legislative Code be and
is hereby amended to read as follows:
60.622. Principal uses permitted. In an 1-2 Industrial District the use of
land, the location and erection of new buildings or structures and the
alteration, enlargement, and moving of existing buildings or structures from
other locations or districts shall conform to the following specified uses,
unless otherwise provided in this code:
(1) Any uses permitted in the I-1 District as "principal uses - •
permitted" and "principal uses permitted subject to special
conditions", except for adult bookstores, adult cabarets, adult
conversation/rap parlors, adult health/sport clubs, adult massacre
parlors, adult mini-motion picture theatres, adult motion picture
theatres, adult steam room/bathhouse facilities and other adult
uses, provided that they meet at least the minimum conditions
imposed in each district.
Section 12.
That Section 60.624, clauses 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the
Saint PaulLegislative Codearehereby amended to read as -follows:
LAI Adult bookstores subject to the following conditions:
/3.1 The adult bookstore shall be located at least 2640 radial feet from
any other adult use in any municipality measured in a straight line
from the closest points of the property lines of the buildings in
which the adult uses are located.
ihi The adult bookstore shall be located at least 800 radial feet from
any residentially zoned property in any municipality, measured in a
straight line from the closest point of the property line of the
building in which the adult bookstore is located to the closest •
residentially zoned property line. . •
15
•
•
Lc' The adult bookstore shall be located at least 400 radial feet from
any "protected use", defined as: a building in which a majority of
floor space is used for residential purposes; a day care center
• where such day care center is a principal use; a house of worship:
a public library; a school (public, parochial or private
elementary, junior high or high school ) ; a public regional park or
Parkway, public park, public recreation center or public
specialized recreation facility as identified in the parks and
recreation element of the Saint Paul comprehensive plan; a fire
station; a community residential facility; a mission or a
hotel/motel . The distance shall be measured in a straight line
from the closest point of the property line of the building in
which the adult bookstore is located to the closest point of the
property line of the building in which is located an aforementioned
• protected use.
•
111 Conditions b and/or c may be waived by the planning commission if
the person applying for the waiver shall file with the planning
administrator a consent petition which indicates approval of the
proposed adult bookstore by 90 percent of the property owners
within 800 radial feet of the lot on which the use would be
located; the planning commission, in considering such a waiver,
shall make the following findings: that the proposed use will not
be contrary to the public interest or injurious to nearby
properties, and that the spirit and intent of the ordinance will be '
observed; that the proposed use will not enlarge or encourage the
development of a "skidrow" area; that the establishment of an
additional use of this type in the area will not be contrary to any
111 program of neighborhood conservation or improvement, either
residential or non-residential ; *and that all 'appficable requiations `
of this ordinance will be observed.
•
Lei All signs shall comply with chapter 66 of the zoning code and with
chapters 274 and 275 of the Saint Paul Legislative Code.
•
111 No person shall engage in any activity or conduct or permit any
other person to engage in any activity or conduct in the adult
bookstore which is prohibited by any ordinance of the City of Saint
Paul , the laws of the State of Minnesota, or the United States of
America. Nothing in this ordinance shall be construed as
authorizing orpermittingconduct which is Prohibited or regulated
by other statutes or ordinances. including but not limited to
statutes or ordinances orohibitinc the exhibition, sale or
distribution of obscene material generally, or the exhibition, sale
or distribution of specified materials to minors. No obscene work
shall be allowed.
L, The special condition use permit for the adult bookstore shall be
reviewed annually to ensure that no change in use occurs and that
no additional adult uses are added to the building containing the
adult bookstore. 0
Ell The adult bookstore is considered to be one use. No two adult uses
• can be in the same building but must be spaced 2640 radial feet
apart.
16
_
•
. The adult bookstore shall not be located within a building also
used for residential purposes.
LSI Adult cabarets subject to the same conditions listed above in 60.624(4) •
for adult bookstores, with the substitution of the phrase "adult
cabaret" for the phrase "adult bookstore" wherever it appears. The
adult cabaret is considered to be one use, No two adult uses can be in
the same building but must be spaced- 2640 radial feet apart.
,l, Adult conversation/rap parlors subject to the same conditions listed
above in 60.624(4) for adult bookstores, with the substitution of the
phrase "adult conversation/rap parlor" for the phrase "adult bookstore"
wherever it appears. The adult conversation/rap parlor is considered to
be one use. No two adult uses can be in the same building but must be
spaced 264.0 radial feet apart.
Adult health/sports clubs subject to the same conditions listed above in
60.624(4) for adult bookstores, with the substitution of the phrase.
"adult health/sports club" for the phrase "adult bookstore" wherever it
appears. The adult health/sports club is considered to be one use. No
two adult uses can be in the same building but must be spaced 2640
• radial feet apart.
(8) Adult massage parlors subject to the same conditions listed above in
60.624(4) for adult bookstores. with the substitution of the phrase
"adult massage parlor" for the phrase "adult bookstore" wherever it
appears. The adult health/sports club is considered tote one use. No
two adult uses can be in the same building but must be spaced 2640 •
radial feet apart.
•
(9) Adult mini-motion picture theatres subject to the same conditions listed
above in 60.624(4) for adult bookstores, with the substitution of the
phrase "adult mini-motion picture theatre" for the phrase "adult
bookstore" wherever it appears. The adult mini-motion picture theatre
is considered to be one use. No two adult uses can be in the same
buildina but must be spaced 2640 radial feet apart.
•
(10) Adult motion picture theatres subject to the same conditions listed
above in 60.624(4) for adult bookstores, with the substitution of the
phrase 'adult motionpicturetheatre" for the phrase "adult—bookstore" - -
wherever it appears. The adult motion picture theatre is considered to
be one us.e. No two adult uses can be in the same buildina but must be
spaced 2640 radial feet apart. .
(11) Adult steam room/bathhouse facilities subject to the same conditions
listed above in 60.624(4) for adult bookstores. with the substitution of
the phrase "adult steam room/bathhouse facility" for the phrase "adult
bookstore" wherever it appears. The adult steam room/bathhouse facility
is considered to be one use. No two adult uses can be in the same
building but must be spaced 2640 radial feet apart. •
(12) Other adult uses subject to the same conditions listed above in
60.624(4) for adult bookstores. with the substitution of the phrase •
"other adult use" for the phrase "adult- bookstore" wherever it appears.
17•
-
+.y17F.
— Ct Tv CLERK
iNK _ FRK•NCE Council
oepAsarmeNT .CITY OF SAINT PAUL -
aLue AlAYOR File NO. (
• Ordinance Ordinance NO.
?rt. .ited By
•
Referred To Committee: Date
Out of Committee By Date
• The other adult use is considered to be one use. No two adult uses can be in
the same building but must be spaced 2640 radial feet apart.
Section 13 •
Every section, provision or part of this ordinance is declared to be
separate from every other section, provision or part; and if any section,
provision or part shall be held invalid, the invalidity shall extend only to
the section, provision or part involved and shall not affect any other, and
the remainder of this ordinance shall remain in full force and effect to be
construed as a whole.
• Section 14
This ordinance shall be in force and take effect thirty (30) days from
and after its passage, approval and publication.
• .
•
•
COUNCILMEN
as Nays • Requested by Department of:
•
Drew
Nicosia In Favor
Rettman
Scheibe' By
sonnen Against
• Tedesco
Wilson /
Form Approved by City Attorney
3 by Council: Date
•ified Passed by Council Secretary By
ed by Mayor: Date Approved by Mayor for Submission to Council
41r
• C,-, ;"' :t• Aor- ' _
,ao
)P'AllIg.'
3
4 PLANNING AND ZCNING C,^.MM;SSION
S _
5 OF T=I CITY OF RCC: •wS�^
S3, M_NNESCT�
7
3 ADULT EN ERT iINiaNT STUDY
9
_0
17
, � e ;RCFCSc,O FINDINGS •
13
14 Having conducted its public rearing cn the impact of adult
15 entertainment uses cn adjacent areas and having cons ider=_d the
15 testimony and =aborts presented to it, the CCmmiss icr. hereby
17 submits far cansideraticn by the Ccmmen Cauncil i FINDINGS
the Ci_r c-
13 Rochester, the following and CONCLUSIONS:
19
20 FINDINGS:
, 1
22 1. The community goals identified '+z the Campre?:ersive P' ,.:1 c f
�3 the City of Rochester include preserving the int=T— -y and
24 viability cf residential areas ; lessening congestion in the
25 public right-of-ways; securing safety from crime, fire,
All _ panic, floods and other dangers ; providing adequate
lighting , privacy, and clean air; preventing the
overcrowding of land; avoiding undue cancentraticn of
population ; facilitating adequate provision of water,
30 sewerage, schools, parts, and ' other p•.: lic fac; 1 ' L''
21 protecting residential , ccmmer al , industrial, and
32 institutional areas from the adverse impacts of adjoining
:2 developments ; conserving the .values of buildings ; and
:4 encouraging the most appropriate use of land t:roughcut the
:3 community
35
7 rs...c..g the _community _goals den- '; =i4 in the development -
23 program for the Ccwrtc m Development Oistr4ct of the Ci_y
c=
R c c:ester whichare per=inert- to the 'issue c f adult
40 ant uses are goalsraces' and ,-=new
arta ,.a�.� to _.. a the hea=t
41 c f the City as anraCt_'te - rt�
a ..- , C^.,"iCC� � T e, convenient, and
42 efficie -area for
nt a ccmme- , T and cove=-mer.ta? act_-r=tr
42 high density dwellings, ^ entertainment, relaxation and
44 related uses ; tC foster and Sti mate ....omit --y C^^ 3� ' sound
e
"-'va_ ~'e dere
=_ lepment; to r_sto-_ t'-e tax base . and tax
48 `avenue generating capacity of the Dist:is t; to halt further
47 _
decay and deterioration of the District '
43 _ . stimulate econcm' ^_ ' 1 y sound private development consistent
49 w": 1._""ey1._""e needs of th Dist__c..; to , renew the Central
• 1 .
i
. • j
• + 7 I
•
' y-
•
1 Business 0_s.._____s ____ am strengthen __sen_ :as__ ..
_ n as
2 City ' s na;co cc-.r..:.e- + ? and financial center; ta a _ _ :.. _ .a Cevalc}a
. _+f0. - `. r .r+atec S �t T ^ ; 1 - _ W417 radce carCes ^,s _
3♦
'. =r.:rv:.de access int: and out of the Cis:.r_c: in a c^.n�
re-^•ie:
5 nanner with n_nornm _. _r :si n into heavy perest=-a� areas4
5 to enhance t aes het=c values c," the Oiszr4ct and :gs
i the natural beauty which exists ; and to provide
3 public utl4ties and fort' 1 ' -' es to serve existing and
9 proposed develotment.
10
11 3 . As expressed in Minnesota Statutes , Section 617 . 291, it is
12 the declared pot=cv of th4 s state to pr_ver7 conmeroia=
13 exposure of minors to sexually prcVccative written,
_A prctc graT -c, printed, sound or published materials as
1S defined therein which are deemed haul to nincrs.
17 . 4 . Adult entertain hent uses have an intact Cn the neighbor-
' s hoods surrounding then which is distinct from the intact
19 caused by other connercial uses .
20 -
21 3 . Residential neighborhoods located within close prox_Wit y to
1_ adult y thea t_ es hacks tures and other•
23 17..et6 ? ... adult entertainment uses 1.5-...`?'".a►�reet ex-'c,' i once
24 increased crime rates (sex-related crimes in ;articular) ,
35 lowered property values, increased transiency, and decreased
25 stability of ownership-.
27
28 6 . The adverse inpacts which an •adu l t :enter tair.men t
use has c•.f
29 surrounding areas dininish as the distance from the adu.
20 . enter tainmenc use increases-.
, 1
22 7 . Studies of other cities have shown that among the chines
23 which tend to increase either within or in the near vicinity
4 of adult
en'-=,-t= 4:4-ant_ uses arpr_o sc _. c c:_T A2Y
35 molestation, indecent extcsure , and other lewd and
36 lascivious behavior.
23 3 . '^`'e C'_tr of =hoenix Stu^y c::.fir-ed that t.% sex trine rare
r
29
was on an average six_ times higher_ in areas w i t _ a: least
40 ore adult entertainer_ use as _t was within co oarabi_
41 areas of ; eia city without suc adult uses .
42
43 9 . Studies of other cities hae shcvr that the values of both
44 c:^ eroia? and residential .,rot rtie e4the-r n i
_ _ _..�e s ea __e_ a_ �a___._sl:
43 or fa i 1 to oro raci a tor t e =ate f e'er 1 e
:. �r ..c_ at �.__ c_ ot___ c...�..a
46 rrVtT .r, es when locvar.t.ed p� rx_n_ty to adul enta-_ " en_
_
47 _ uses .
4 .
_ .
49 10 . The adverse intact of adult uses on cot er_ial areas is
2
411
I
r:a:_. Am-41 13 , 1.333
• i_^.Cr cased by the presence o f more than c .o adu?
entertai:..ment use in close cr xi.nity to another sucn use.
4
11' •n'The n er and rate o f real estate listings increases in
5 areas in whit~ adult entertainment uses are located.
6
7 12 . The Indianapolis study established that professional real
3 estate appraisers believe that an adult bookstore would have
3 a negative effect on . the value of both residential and
3 commercial properties - within a one to three block area of
- 7 the store.
13 13 . Mary members of the public perceive areas within which adult
14 entertainment uses are located as less safe than other areas
which do net have such uses
15
17 14 . The cities whose adult entertainment use reports have bean •
13 considered in these proceedings, have strip commertial
19 development patterns and other commercial neighborhood
:0 characteristics analogous to those found or developing in
Roctester. -
1
23 15 . The proposed Land Development Manual of the City of
Rochester which was drafted during the period of 1981-1986
and for Common Council consideration in 1986
provides regulations _which _ separately address --adult_,
entertainment uses , which. segregate such uses from
residential districts , and which utilize a "Detroit
79 setaraticn model " approach rather than a "Boston
:1 concentration model" approach to controlling t:e adverse
1 inmacts of such uses.
:Z
CCNCT.TS_CNS :
The impacts which ad ._L entertainment uses have e c9
..rro lr • 1 b _;r... 1
�
surrounding areas- should ..e addressed t..a�L'Ch a distinct sat
:3 of land use ==c.:?at_o:.s directed smecifi ca l l y at such adult
9 ente=rtainment uses.
43
2 . Adult ente:-ta'_rten t land uses should not be located i n
/. o m r.'. 7�.i t o ..1 I H t 1 g r • Q
_ ..a..5e _....x_..._...t to ....._a,rr..vs C_ :aC_11�_es where children
ars the dominant clientele or patrons of the service,
.4 product, ii _ a' 1 i y usage offered by such . l_1da:g or
facility,
47 3 . The existing land use regulations of the City inadequately
3 u,_' .-.ue -bac is w . c _ adult L en e_r`a_inert uses
3• . have cn sur_ou dingMneighborhoods and fail to adequately
3
•
1
- :ostar t ne community goats dee-' ===f4 im _e cc. r e:ens"
T 3n, the ,4ownt:wn dccve' ^pment -.r ogran. and _" s..-:r Tw .
Z
2
4 4 . Adu'_ enzar pall..:ant uses show^:. ba located in a:_as C,1 -`'
S City which are not in close proximity to churches, C_ a-'
S and schools.
3 3 . Regardless of whether or to what extent adult enter rai:.ren-
9 uses have currently had an adverse imcact cn the a-eas
10 surrounding then in this City, tate experience of ether
II cities, as documented in the numerous studies considered,
12 confirms that regulation of adult enter_a_n^enz, uses _s
12 essential to prevent future deterioration of surroundinc
14 neighborhoods and adverse social Lmcacts associated wit:
13 such uses.
, 5
17 O . The concerns which have printed car:li_ 1,o,,"_cs in this
13 City are similar to the concerns which motivated the
19 communities cf Indianacolis, Indiana; St. Paul, Minnesota;
20 Phoenix, Arizona; and Seattle, Washington to undertake their
2? studies of adult entertainment uses ; c nse^uent L'7, th e
22 results cf those studies arr el e' the or
r Ta.*�t to ..:. existing
23 foreseeable impacts which such uses can have on the areas
24 surrounding then in this city.
23
24
27 ' 7 . The concentration of adult entertainment uses in cc::.rer teal
23 areas or the location of adult entertainment usesin close
en:. .. ....ant i
29 proximity to residential uses, churches, parks and school
20 will result in devaluation of prope .T values and decrease
31 in commer- aT business sales, ther=bv reducing tax revenu
32 - to the City and adversely impacting the economic Wel l -^e' 7
33 ' of the citizens of this City.
4
23 Gn".; :.�..� -�sy-�.�_ir'a..-�..i�ii.-,sem i -s.......�. a.a+ d_teit-
3 5Cas� �.!,►d_-,.-_"..�-;-- ..__ 4-`tea_-_�s ..r_tiz..is>r.sa
27 L`..leer---ta-hyo.-=i-i. �� .!�.vr--irL�i'-a.a ..��a-Vi -za_
28 E_s,,y_moi_...., a;„„,_..._ar-_+r�o_...+, r�_„4._...
2^9 z= _-'6 =•'•'= -L._ti.. ice.-_:..:�_� ._�ft .:.r._-;_:._
40 L ........T T_....'a.Lr-�.��T
41: 8 . Location of adult enter=34:'.nent uses in crox=___V to
43 residential uses , churches, ;arks, schools , bars . and other
44 adult enter=3_n me_ t uses very likely would lead to increased
43 levels of criminal activities, including prosy rape
45 assaults, and other sax-related crimes n the v4 - of
47 such adult entertainment uses. +
4a
• 49 9 . P.c laticn of ad:._t entartairmen_ uses _s essential to
4
•
_r4 1 i Caa r
ensur. t-at 4_-'; 1 'J values and youth values 4n the c:r...r.'.:_^.�
r physical r in ---
are protected and provided a e.^_'I;. .WeI':=
411 to develop In a healthy and wholesome manner.
•
10 . The basic approach of the Land Development Manual t:. the
regulation of adult enter rain renis uses is at.
7 should be modified and amended to more s_:.ec' ' ,-n 1 1 V add-.ss
3 the adverse impacts which such uses either individull
y cr
9 in close proximity to one another have on youth oriented
facilities and the surrounding neigl=bor cods.
9
/ _— • ��� _•r--.r —�.,�rTS—jT_�V`— rr TG —�l��.ri1�.l..fii�i__/�L�a��
1 �a.,.,,r...C.1�^rY-.y.Lrva�v�i�8�.�-•�' rw. `a��mfr- , Irr
t r►+. +e - - --r_u.���ws.—eeYC—_wr��►C�_�✓�tj �e"—�."swG►�'�4_��--Sr�C
S
_ ker:-r- •--- ---- • ?-=-arc:- �r`�"=r-pc:._..-_- ��--,rr==._.
19
_3 11. Adult entertainment uses -- --20
C.e.v e:`CY-+.r+ -- e4-t should no be located within a three
bloc's radius (approximately 1, 000 feet) of any
residential
G/ zoning district,
church, school, ycut_4 oriented facil i t.„.
:3 bar, or any other such adult entertainment use, except under
circumstances which would ensure mitigation of the adverse
23 impacts identified in these proceedings.
--`+f_
e=-- --sr.ri-'- - i.��_era !-�r�'---�'•" •--gin o�+wvtir -�`M�
- CfL+�1.rW_ l►�'--v}.Y�/ 1�_��Y�fr�l�_�ti�i_lr�`��._i��i+ii-Lint — ► --
.no+..Zwasa.aarmia.•
2
24
13 PASS770 A D ADCPTIC 3Y =I PLAYNLYG CCS=SS=Cir CF 'T HI C=T? CF
:7 RCC ISTIP., THIS 13T- OA? CF ezi:P.IL, :3a3 .
_3
23
. 0
41
42
Berndt,ri l
Cy , C ha erso n
.,a a E.
411 r
t.. - ,
• • . i -
T -if - #.147-; .�.!
page 2 ' "ti4-
AduL= Entertainment :
April 8 , 1988 ,.
feet from art" residential district bourdarv, from any church, from
arty scoot , or from any vouch facilirr to addition, no adult
entertainment use may be located •ljtn_^. 730 feet of anocne'_- adult
.two r - Chanter is distanceentertainment use. Far _ 7ur-:ose o _.. 5
scall be a ?^orizontaL measurement from the nearest existi.^.4 •
residential district bcundarr Churl.':, school , vouch *acil_='r or
another adult_ establishment co the nearest oot^.t of the cr000sed
adult establishment. "
6 . Add in Table 4 (Area, Sulk, Placement and Required Conditions) in
the "Required Conditions" section, in the "Location" column :he
number (W0) in the 3-2, 3-3, 3-4, ::-1 and ::-2 Districts. See
attachment "C" .
Staff comment
The amendments proposed will allow adult entertain ent businesses in
the 3-2, 3-3 , 3-4, w-L and 4..-2 Zoning Districts . These uses are further
restricted by Limitations which require a 750 foot separation from
ocher adult entertainment businesses and a L000 foot separation from
residential districts, churches, schools and other areas where children
11111
• are Likely to be present.
71.7.h these proposed rest-4-t=ons in mind, the staff has looked into the
issue of where will adult entertainment be permitted to locate? Sv'hen
applying the restrictions it appears that approximately 400 acres of
commercial and/or industrial lands are available in the city for the
establishment of these uses, this represents approximately 3 .5% of the
total land area of the city.
cc;r.:.ertial characteristics of =any of
Because of the linear or strep
our commercial dist-' s, - _as�t
- ^ns tr
oto
sed will generally
ly
direct these uses t3 co_" r _a- or industrial areas-which contain
larger
acreages. in oche; instances =any of our commercial. areas are
adjacent to undeveloped land presently Located outside of the City
limits, this provided for additional area for the location of =any of
these businesses.
Areas available appear to be in the southern area of the City, in the
vicinity of the i ntarsec:ion of T.H. 63 and T.:?. 52. tiita the proposed
750 foot separation requirement itrappears chat a maximum of seven (7)
business could Located La this area.
The downtown area also provides for the location of one of these
businesses. Another area available is an area west of the City
adjacent to T.H. 14. This area is available because of its remoteness •
from residentially zoned area. A maximum of five (5) businesses would
be permitted co locate in that area.
Staff Recommendation: .
The restrictions recresentad by e amendments proposed do, in our.
• • -- - L.-" ---- --moo.. t-e ...r!Or--s orav:ous_v found by
• i
ADULT y
ENTERTAINMENT
AND
L
A1988
/� L
N / E
U L
S 0
E
•
PERSPECTIVES
•
PREPARED BY:
ROCHESTER/OLMSTED
CONSOLIDATED PLANNING DEPARTMENT
AND
iOFFICE OF THE
ROCHESTER CITY ATTORNEY
• Table of Contents -
I. Introduction 2
Ii. Land Use Perspectives of Adult Entertainment 3
A. Authority to .regulate 3
B. Characteristics of adult entertainment uses 4
III. Studies of Impacts of Adult Uses 5
A. Indianapolis, Indiana 5
B. St. Paul 1978 7
C. St. Paul 1987 7
D. Phoenix, Arizona 8
E. ASPO Report 8
IV. Legal Issues 10
A. Overview 10
B. Constitutional Issues 10
C. Implementation of Regulatory Techniques 11
. D. Legal Reference Material 17
V. Existing Local Regulation 18
VI. Conclusion •. . 19
Glossary of Terms- 21
. API I - INTRCZUCTICN
Several months ago the Rochester City Council expressed concern over the
effect that adult bookstores located along South Broadway were having on other
businesses in their neighborhood and the downtown area in general. This
concern resulted in the Council's direction to staff to study the broader
issue of adult entertainment uses, with emphasis on possible regulatory
techniques to lessen the potential impacts of such businesses.
As indicated in the Glossary, the term "adult " as used in many
zoning ordinances can encompass a broad range of uses. In addition to the
so-called "sex businesses", the term can include pawn shops, bars and
restaurants serving alcoholic beverages and pool halls. Our intention in this
report has been to focus only on sexually oriented businesses.
Preparation of this report commenced with the assembly of studies which had
been prepared by several cities throughout the nation.. Those reports
concentrated on the effects, both social and economic, that adult
entertainment businesses have on surrounding neighborhoods. Research was also
conducted into the legal issues associated with public regulation of such
commercial uses. Federal and state cases reviewing a broad spectrum of
regulatory approaches were examined.
This resulting report will provide a summarization of the studies reviewed and
• an overview of legal issues to establish parameters within which regulations
may be adopted. It is intended to provide direction and information to assist
you in examining this issue on behalf of the City.
CHAPTER II - i?ND USE PERSPECTIVES OF ADULT OTER=IME.NT
A. Authority to Regulate the Use of Property
For those less experienced in matters relating to land use issues and zoning
we. must begin with a brief examination of the evolution of these techniques.
While the use of private property is a right protected by the United States
Constitution, certain uses may be so detrimental that they must be controlled
in order to protect the very right of the public to the enjoyment of their
properties. The distinctionbetween public and private nuisances provided the
foundation upon which modern land use regulation was built.
During the first two decades of this century, zoning emerged as an accepted
theory for restricting the use of private property without compensation for
the taking of certain property rights. The essence of the theory of zoning was
enunciated by the United States Supreme Court in Village of Euclid vs. Ambler
Realty Co. (1926) The court held that zoning laws "must find their
• justificacation in some aspect of the police power, asserted for the public
welfare". The court further stated that an ordinance would be judged
unconstitutional if, "such provisions are clearly arbitrary and unreasonable,
having no substantial relation to the public health, safety, morals or general.
welfare." In order to enhance the viability and desirability of
neighborhoods, techniques were then developed to separate incompatible land
uses frau each other. The result produced social and economic benefits in the
unity.
•
During the last 60 years of zoning, refinements of the original concept of
dividing a city into districts began to emerge. Among these was the
realization that certain uses may have unsafe or undesirable effects if
concentrated in too -smalll of an area. One of the first groups of-these uses
was the category of establishments which depended heavily on frequent ingress
and egress of automobiles, a product of the era of drive-ins. In order to
minimize conflicts with vehicular traffic it was considered desirable to
separate auto service stations, drive-in restaurants and other similar
establishments L.:..,1 one another.
These establishments shnents were- also often considered incompatible with the
principle of preserving and stabilizing residential neighborhood values. The
concept of separation and buffering evolved as ordinances were enacted
requiring either specific distances between these uses anti nearby residential
zones, or the installation of walls and landscaping to reduce noise and to
create an aesthetically pleasing appearance.
Because of an ever-increasing public awareness of potential environmental
damages resulting from a wide range of land uses, commercial and manufacturing
activities are often severely restricted in both location and performance.
Many commercial uses may be restricted by location, in relation to other uses,
in relation to other zones or land-use groups, and with respect to operating,
hours. For example the manufacture of dangerous or noxious substances are
required to be distant from other sensitive areas, as are disposal sites for
•
waste materials and many other problem uses.
Conflicts between uses are not limited only to physical characteristics of the
land or business. They'may also be the result of social: concerns. It is well
- 3 - March 2, 1988
• recognized that schcol children should be sheltered and protected frau
corrupting influences. For example, an establishment where alcoholic
beverages are sold or consumed, is required by state statute to be a certain
distance from a school or playground area, even though such establishments are
a legitimate business for adult patrons.
B. Characteristics of Adult Entertainment Uses
Adult entertainment businesses prompt a wide range of concerns, from offensive
social behavior to the diminishment of the viability of carmercial and
industrial areas. Are these concerns real or perceived?
In order to determine if adult entertainment businesses affect an area it is
first necessary to understand what these uses are and what characteristics they
possess. While there are many different types of adult businesses, they have
as their primary intention to sell or distribute products, materials or
services to adults which relate to " specified sexual activities" or
"specified anatomical areas" (see glossary for definition) . These products
take the form of books, magazines, video tape movies, closed circuit
television, coin or electronically operated motion picture machines, motion
picture theaters, live peer tornarces by entertainers and other service
activities.
40. Each use in a city has unique characteristics which make that use
distinguishable £ u any other use. While m?t,1 t entertainment uses possess
characteristics similar to other commercial uses, they seen to have
N4rl4tional characteristics which are unique. These include extended hours of
operation, increased vehicular traffic, litter, noise, excessive signage,
transient traffic and prostitution.
By contrast residential uses possess characteristics which are directly
contrary to those of adult entertainment uses. These are limited traffic,
stable population, cleanliness, quiet atmosphere, security, and openness.
An impact is then the effect of one set of characteristics conflicting with
another.-
It has been alleged that adult entertainment businesses have both direct and
indirect impacts on surrounding properties and on adjacent neighborhoods.
Direct impacts are the increased traffic, unusual hours of operation,
increasing cr me, litter and noise. Indirect impacts include a reluctance of
pecple to reside near the area due to the perception that adult businesses
detrimentally affect the value cf properties within and around the area.
Another concern by residents, beth residential and commercial, is the
perception that criminal activities increased as a result of these uses
locating in their neighborhoods.
The following chapter reflects attempts by several cities to determine what
4111 these impacts are.
Chapter III - SUMMARY OF STUDIES
In an effort to prove or dispel the perceptions that adult entertainment
affects other uses in their neighborhoods, several cities have conducted
studies of areas which presently contain adult businesses. These studies
concentrated on changes in property values and crime rates as a base upon
which to measure both the direct and indirect impacts of the neighborhood.
The study parameters established a "Control Area" and a "Study Area". The
Study Areas chosen were areas which were generally adjacent to residential
areas, contained land zoned commercial and contained at least one adult
entertainment business.
Control Areas were then selected which had characteristics similar to the
Study Areas. The Control Areas were also zoned commercially and were adjacent
to residential areas but contained no adult entertainment business. In a
further effort to make the areas as similar as possible, the Control Areas
' that were selected had a demographic similarity to the Study Area and
contained buildings d;ngs of a similar age and value as those in the Study Areas.
The importance of selecting areas with characteristics as similar as possible
was to enable a realistic comparison of what is happening in both areas. If we
make the assumption that adult entertainment uses have no effect on adjacent
neighborhoods then the trends in property values and crime statistics should
be similar in both areas. 111/
Ay of the delete reports is attached far your review.
A. Iniianarolis, Indiana
In 1983 the Indianapolis Division of Planning undertook a study to dete.mine
what effect adult entertainment uses were having on crime rates and property
values where they were located.
The study purpose was to consider the effect of adult'entertairmse.^.t by the
analysis of: 1. crime reports provided by the Indianapolis Police Department
(IPD) 2. the analysis of data reflecting the value of residential properties
within 1000 feet of adult entertainment uses, and 3. the results of a random,
national survey of the membership of the American Institute of Real Estate
Appraisers.
1. Crime incidence:
a) The average major crime rate (i.e. crises per 10,000 population) was
748.55 in the IPD District, 886.34 in the Control Area, 1090.51 in the
Study Area. In areas of the study that contained at least one adult
entertainment establishment major crimes occurred at a rate that was
23% higher than the six Control Areas studied not having such
businesses and 46% higher than the Police District at large.
•
b) Although it was impossible to obtain a discrete rate for sex-related
crimes at the police district level, it was possible to compare rates
between the -Control Area and the Study Area. The average sex-related
• crime rate in the Control Areas over the five year period was 26.2,
while that rate for the Study Areas was 46.4.
c) If the ratio of sex-related crimes to major Mmes was the same
between the Control Area and the Study Area, we would expect a
sex-related crime rate of 32.3. The actual rate of 46.4 in the Study
Area is 77% higher than that of the Control Areas rather than the 23%
that would be expected. The result indicates the presence of abnormal
influences in the Study Areas.
d) Close examination of crime statistics within the Study Areas indicate
a direct correlation between crime and the residential character of
the neighborhood. Crime frequencies were 56% higher the residential
areas of the study than in the commercial areas.
e) Sex-related crimes occurred four times more frequently within
residential neighborhoods having at least-one adult entertainment
business than within commercial neighborhoods having adult
entertainment.
2. Real Estate Survey:
a) Although the housing base within the Study Areas was of a distinctly
1111 . higher value than that of the Control Areas, its value appreciated at
only one-half the rate of the Control Areas' and one-third the rate of
the Center Township's as a whole during the period 1979-1982.
b) Pressures within the Study Areas caused the real estate market within
their boundaries to perform in _a manner contrary to that within the
Control Areas, Center Township and the County. In a tine when the
market saw a decrease of 50% in listings, the number of listings
within the Study Areas actually increased slightly.
c) Twice as many houses were placed cn the market at substantially lower
prices than would be expected if the Study Area's market performance
had been typical.
3. Results of Real Estate Appraisers Survey:
a) The great majority cf appraisers (75%) who responded to a national
survey of certified real estate appraisers felt that an adult
bookstore located within one block would have a negative effect on the
value of both residential and commercial properties. 50% of these
respondents foresaw an immediate depreciation in excess of 10%.
b) At a distance of three blocks, the great majority of respondents (71%)
felt that the impact of an adult bookstore fell off sharply so that
111/ e impact was negligible on both residential and commercial
properties.
c) In answer to a survey question regarding the impact of an adult
bookstore on property values generally, 50% felt, that there would be a
•
substantial-to-.moderate negative fact, 30% saw little or no impact,
and 20% saw the eT=="-'- as beinc dependent on factors such as the
predominant values (property and social) existing in the neighborhood, •
the develdpment standards imposed on the use, and the ability of an
existing ng cammer cial node to buffer the impact frau other uses.
B. St. Paul, Minnesota (1978)
In 1978 the City of St. Paul conducted a study to determine the effects of
adult entertainment businesses on neighborhood properties located nearby. The
report ut414"ed census information, residential property values and Mme
statistics between the years of 1970 and 1976. Even though the study was
statistical in nature, correlations did provide circumstantial evidence of the
relationship between adult entertainment and neighborhood deterioration. The
study concluded:
1) The location of adult entertainment establishments correlates
significantly (statistically speaking) with neighborhood
deterioration.
2) Adult enteztairment establishments tend to locate in somewhat
deteriorated areas.
•
•
3) Additional relative deterioration of an area follows location of an
adult entertainment business in the area.
4) Crime rates relate to establishment shme*�- ofadult entertainment businesses . _
in a threshold fashion. There is a significantly higher crime rate
associated with two or more such businesses in an area than is
associated with only one aarot entertainment business.
5) Housing value also relates to establishment of adult entertainment
businesses
nte_rtaia *N-
businesses in a threshold fashion. There is significantly lower value
associated with three such businesses in an area than is associated
with one or two adult entertainment businesses.
C. St. Paul, Minnesota (1987)
In 1987 the City of St. Paul again decided to look into the adult
entertainment issue. The purpose of this most recent inquiry was to determine
if present ordinances were in need of amendment.
Although the purpose of the report was examine and analyze different
strategies for using zoning in dealing with adult entertainment uses the
report brought to light another concern - prostitution.
The report could not prove conclusively that adult entertainment uses were
directly connected with or supportive of prostitution in the area. It did,
however, point out the fact that prostitution was occurring at an alarming
rate, intensity within a three block area surrounding one of St. Paul's most
highly concentrated adult entertainment ent areas. The report alluded to a
connection: • I
"it is unclear to what extent clients of street prostitutes in this
neighborhood are the same people as the patrons of the adult businesses in
1111
the neighborhood. Apparently, the two activities are often separate, but
occur in the sane neighborhood due to its 'sex for sale' reputation."
1) The report also documented that there had been an increase in crime in
the area, according to police records.
2) The report also contained the results of a survey of St. Paul bank
patrons asking their preference for a bank location and their
perceptions of different locations. In response to the question "Are
there any of these locations where you would not feel safe conducting
your banking business?", 36% of the respondents said that they would
feel unsafe banking at Dale and University (the area of St. Paul where
the largest concentration of adult entertainment businesses is •
located) .
D. Phoenix, Arizona
' In 1979 the City of Phoenix, Arizona presented a study to determine if there
was a relationship between arrests for sexual crimes and locations of adult
businesses. This study used the method of establishing "Study" and "Cont-ol"
areas for its analysis.
The following conclusions were offered:
• 1) There appears to be a significantly greater difference -between.the_-
• study and control areas for sex crimes than for either property or
violent (other than sexual) crimes.
2) It is observed that there are about 40% more property crimes and about
the same of rate non-sexual violent crimes per 1,000 persons in the
Study Areas as compared to the Control Areas.
3) The sex crime rate in the Study Areas was an average of six times
higher than the rate in the Control Area.
4) Where there is a concentration of adult businesses the difference in
sex offense rates is most significant. Study Area I contained four (4)
adult businesses less than 1;000 feet away frau each other and less
than 500 feet Lou a residential district. Study Areas II and II
each contain a single adult business. In Study Area I there were a
higher number of sex offenses carmitted - 84 more crimes than in Study
Area I_, and 56 more crimes than in Study Area III.
5) When =pared to the Cental Area, the sex crime rate per 1,000
residences was over lI times greater in Study Area I. Within Study
Areas II and III, the rates, respectively, are four and almost three
times as great as in the Control Area.
• E. American Society of Plarnina Officials (ASPPC) Resort:
Also reviewed were reports prepared by various planning agencies. Of
particular interest was a report published by the American Society of Planning
Officials entitled ed "Regulating Sex Businesses". This report is attached for
your review. It provides a broad overview cf concerns, methods and techniques
to be considered when contemplating regulation of adult entertainment
businesses.
•
••
•
•
S
- 1. -
•
i
CHAPTER IV - LEGAL ISSUES
A. Overview
Having considered the specific characteristics and impacts of adult oriented
businesses, it is important to become familiar with the legal tools, issues
and standards related to the regulation of such establishments. Three basic
categories of regulatory tools are available to the public authorities to
arrress problems posed by various adult activities:
1) criminal sanctions for certain illegal conduct, such as the. sale or
distribution of obscene materials;
2) zoning regulations;
3) licensing of establishments or practitioners.
Each of these techniques has distinct advantages and canes with'an independent
set of legal constraints. Of particular importance are certain constitutional
issues which impact all of these regulatory techniques. Cur intent in this
section of the staff report is first to address the broad constitutional
issues which impact regulations in this area and then to address the specific
regulatory techniques.
B. Constitutional Issues
• 1. First Amendment Provisions and Objectives
Public restriction of adult entertainment establishments may appear to threaten
constitutional protections relating to the freedan of expression. Many adult
ente_rtaipnent establishments engage in activities which involve one form or
another of speech. Such activities are presumed under most circumstances to be
constitutionally protected by the First Amendment of the United States
Constitution.
The First Amendment of the U.S. Constitution provides that:
. . .Congress shall make no laws respecting the establishment of
religion cr prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press. .."
While a full review of the legal decisions and•principles associated with the
First Amendment protections is beyond the scope of this report, sane general
comments can be made.
The Supreme Court has considered on numerous occasions the societal values
which the First Amendment is designed to protect and foster. Voltaire's
famous expression, "I disapprove of what you say, but will defend to the death
your right to say it" is frequently noted as embodying the sentiments which
fibmoved the framers o f the constitutional protection. The Court has stated that
any restriction erexpressive activities because of their content could
"completely undercut the profound rational commitment to the principle that
debate on public issues should be uninhibited, robust and wide-open." Absolute
neutrality is required by government when dealing with speech related •
activities to ensure that the regulation of communication, when it occurs, is
not affected by sympathy cr hostility for the point of view being expressed.
2. Limitations of First Amendment Protections
Despite this overriding principle, the Supreme Court has recognized that
certain forms of expression have higher societal value than others, and that
the context within which speech is expressed may affect the degree of
protection afforded to it. Those forms of expression which do not contribute
to free and open political debate are viewed as entitled to somewhat lesser
protection or, in certain cases, are completely outside the scope of
protection of the First Amendment. For example, libel, "fighting words" and
obscenity are not'considered to be protected forms of expression. In addition
to those exceptions, the Court has noted that narrowly drawn public
regulations which are not intended to control the content of speech and which
only incidentally limit the rights of free expression, and which supportvalid
governmental interests are constitutionally permitted.
Before attempting to fashion appropriate regulations for adult ente tai Tirent
businesses, it is important to closely examine what standards determine the
' constitutionality of "narrowly drawn" regulations and what the Supreme Court
regards as "obscene"
a) Incidental Limitations on Expressive Activities.
Regulations which have as their focus the expressive activities of an adult
establishment or the content of its material are subject to a "strict
scrutiny" test by the courts. -V ere it is determined that-the mativation_or -.. .
affect of any regulation is to totally exclude or even to excessively restrict
such activity, it will be struck down as violative of the First Amendment. In
many situations a court will give a legislative body's decision a presumption
of validity if there is sane reasonable basis for the action. However, in the
case of a regulation which affects constitutionally protected speech
activities, the local government has the burden of proving the
constitutionality of the regulation. The "strict scrutiny" test (sometimes
called the "O'Brien" standard) involves consideration of four questions:
i) Is the proposed regulation within the constitutional power of the
goverment?
i) Does it further an important or substantial gove_r*mental
interest?
iii) Is the governmental interest unrelated to a suppression of free
speech?
iv) Is the restriction on First Amendment freedoms incidental and no
greater than is essential to the furtherance of the governmental
interest?
A court will i apply these standards to closely examine the motives of local
public officials and make certain that they are not using a particular
regulation to prohibit an adult entertainment business at the expense of the
constitutional rights of its owner.
b) Obscenity. •
The U.S. Supreme Court's current definition of obscenity was stated in the
landmark case of Miller v. California, which was decided in 1973. In that
case the Court indicated that material could be viewed as obscene only if:
•
• i) the average person, applying contemporary community standards,
would find that the work, taken as a whole, appeals to prurient
interests,
ii) the work depicts or describes, in a patently offensive way,
sexual conduct as specifically defined by the applicable state
law, and,
iii) the work, taken as a whole, lacks serious literary, artistic,
political, or scientific value.
In the recent case of Pone v. Illinois decided in 1987 the Court refined
this definition further by noting that the third "prong" of the test must be
decided without reference to a particular community's standards. The proper
inquiry is not whether an ordinary member of any given community would find
serious value in the allegedly obscene material, but whether a "reasonable
person" in any community would find such value in the material taken as
whole. Both the Minnesota Statutes and the local Rochester ordinance employ
the language of the Miller standard in their definitions of what constitutes
' criminally obscene or pornographic materials and activities.
Because the suppression of obscenity is a limitation on a fundamental right of
free expression within our society, it is very narrowly interpreted. That
fact combined with the ambiguity of any definition of obscenity ensures that a
great many sexually explicit materials or types of performances which are not
"obscene" in the constitutional sense are nevertheless offensive to certain
elements of the population. -The temptation to public'-officials confronted—
with such reactions is therefore to attempt to use other governmental (eg.
zoning) powers to indirectly limit free speech activities in a way which the
courts have said it is constitutionally impermissible to directly limit. In
such cases the courts have not hesitated to look beyond the professed intent
of the legislation to ascertain the affect which such proposed regulations
actually have on constitutionally protected activities.
C. Regulatory Technicues
With the limiting constitutional considerations in mind, we can now turn to an
PY�TT12*� "
_- .a on of same-of the regulatory techniques which have in recent years
i
been found to be constitutionally permissible.
1. Regulation of Secondary Effects
The courts have recognized the rights of carmunities to condition the exercise
of certain First Amendment activities by what have been referred to as
"content neutral" regulations. These regulations have tended to focus on the
"secondary effects" generated by various adult oriented businesses. Examples
of such secondary effects would be the congestion caused by the business, the
effect which it has on crime in the vicinity, the effect on property values in
the area, vagrancy problems, and various other blighting and adverse impacts
on the adjacent area. By analogy to traditional zoning concerns, the courts
have recognized that the police powers (ie. the power to regulate for the
health, safety or general welfare) granted to local government include not
simply the power to eliminate filth, stench and unhealthy places, but also the
powers to establish zones where family values, youth values and the blessing
of quiet seclusion and clean air "make the area a sanctuary for people." J.
Powell, concurring in Yours v. American Mini-Theatres (1976) . Such
"secondary effect" regulations have taken a variety of forms. We will attempt •
in the following paragraphs to focus upon sane of then.
2. Zoning Regulations
In a chain of decisions starting ng with the Young case noted above and
continuing through the most recent case of City of Renton (Washington)
v. Playtime Theatres, (1986) , the Supreme Court has affirmed the right of
cites to use "locational zoning" ordinances to regulate adult businesses
without infringing on the constitutional rights of the establishments. A
locational zoning ordinance is one where a particular use (eg. adult
bookstore, adult theatre, etc.) is limited to various locations within a
carunuzity. For example, one city (as Detroit did) might choose to prohibit
adult businesses within a 500 foot radius fon another adult business or from
another use such as a church, school or residential district. Alternatively,
a city might choose to restrict such adult businesses to locating within a
particular zone or area of the city - an example would be Boston's famous •
• "combat zone". In either case, so long as adult•businesses are left some
reasonable opportunity to locate in sane area of the city, the restrictions
are viewed simply as conditioning, not prohibiting the activity of the adult
bookstores. A third approach which is being attempted in Ann Arbor, Michigan,
but which has not undergone scrutiny by the Supreme Court is an approach we
will call "apportionment". Unde_r this approach only businesses whose
"principal activity" is sexually oriented material are subjected to
restrictive zoning regulations. "Principal activity" is defined as a use
111
which accounts for more than 20 per cent of a business's stock in trade,
display space, floor space or movie display time per month. The land use
theory behind the 20 per cent standard is that the negative impact on business
areas seemed to result only frau those businesses which had a high portion of
their activity in adult entertainment material.
In reviewing the legitimacy of such locational zoning regulations, the courts
have tended to examine the following factors:
a) Can the regulation be justified in relation to sane "substantial"
governmental interest?
b) Dees the regulation unreasonably-limit alternative avenues of
cenmunication?
c) Is there acme rational basis for the regulation other than
suppression of free spee h?
d) What is the predaninant me tine for enactment of the regulation
(one motivating factor is not necessarily determinative) ?
e) Are other potentially blighting businesses regulated in a similar
fashion?
f) Are there adequate findings to support the legislative decision
to regulate?
g) Is there adequate evidence in the public record to support the
findings?
h) is adequate land left available for the use to locate sanewbe_re
else within the city? •
i) If no independent study has been undertaken by the city and the
city relies upon studies conducted by other communities to
identify adverse secondary effects, are the studies "relevant"
to the city's situation?
j) Is there an escape valve for uses which do not contribute to the
identified skid row effects?
A full record of a well-researched investigation into the problems of blight,
actual or potential confronting a city appears to be a prerequisite to
ensuring that any regulatory scheme eventually adopted will be upheld against
such scrutiny. Similarly, the city council must be prepared to justify
whatever adult entertainment regulations it enacts on the basis of clear
findings supported by the evidence produced through your hearings. A city
such as ours cannot simply import regulatory techniques from another community
without engaging in some extended identification of the valid public interests
to be served by such controls.
•
• 3. Licensing
An alternative or supplemental approach to regulating adult entertainment
activities is licensing. Licensing is favored in certain situations because
' it affords a potentially broader range of considerations related to a
particular type of use to be addressed. While zoning is designed to focus on
the effects of the use on the surrounding areas, licensing is a vehicle for
addressing the manner in which the business is conducted and the •
qualifications of those who engage in the enterprise. It is a particularly
effective technique where the activity to be regulated is a relatively new one
or where there is reason to suspect that the real character of a business is
different than its professed activity. Would--be massage parlors or "escort"
services which in fact engage in prostitution, or pawn shops which in fact
traffic in stolen gccds are but a few examples of activities which seen
particularly suited to regulation by licensing. The licensing approach can
use standards and requirements that simply do not fit into zoning techniques.
They can ensure that the applicant really is engaged in a legitimate business
activity.
As noted in the case of locational zoning techniques discussed above, the
Supreme Court has approved treating adult uses differently than other uses.
Courts therefore will also approve different treatment in licensing and permit
schemes. As in the case of zoning, however, such different treatment must be
supported by a substantial reason, ie. to protect against the secondary
effects of such uses. Courts have upheld special licensing and permit
requirements for adult uses on the grounds that they further (1) the
enforcement of legitimate locational and distancing requirements;; (2) the
monitoring of adult uses in regard to their secondary effects,. and (3) the
interest in ensuring that adult uses do not violate criminal laws against
prostitution, obscenity, etc. Licensing and special use permit requirements
which affect protected forms of speech will be held valid only where the
regulation provides narrow, objective and definite standards to guide the
decisions of admi ii stratcrs. Guidelines and standards must be clear enough to
safeguard against arbitrary and capricious action by the official responsible
Aik for granting or denyinr, the permit. Standards may address only the
operational, or secondary effects of adult businesses. A decision to deny a
special permit to an adult business cannot be based on the content of the
material offered by the business. Additional care must be taken in
identifying the special secondary effects of a licensed adult use, where
similar other commercial-retail uses are not subject to the license
requirement. Typical conditions include regulations which permit inquiry into
past conduct (often found invalid) , require disclosure of personal
. information, permit warrantless inspections, and impose special fees or taxes.
Whether such conditions will be upheld depends upon the specificity and
legitimacy of the governmental unit's alleged justification and on the extent
of the burden imposed on free expression. In the case of license fees, the
city must be able to support the fee based upon its projected. costs for
additional personnel and equipment necessary to adequately police the
regulated activities.
•
The regulation of establisrments serving alcoholic beverages presents some
unique options for public regulation of otherwise constitutionally protected
activities. Where such establishments offer nude or sexually-oriented
entertainment, the courts have recognized the potentially volatile mix of •
alcohol and sexually provocative activities and have permitted greater use of
the traditional "police powers" to regulate the entertainment. This expanded
regulatory authority is grounded in the broad powers granted to the states by
the Twenty-First Amendment (repealing prohibitions) . Whatever protection nude •
dancing might have under the First Amendment is, according to the Court,
outweighed by the broad powers granted to the states under the 21st Amendment
to regulate the conduct of liquor establishments in furtherance of legitimate
public purposes. The most recent Supreme Court decision in this area, Citv
of Newzort v. Iacobucci, (1986) , makes it clear that:
a) nudity, whether or not obscene, may be banned completely in
licensed liquor establishments, ,
b) it is unnecessary to demonstrate some factual or empirical
legislative basis to believe that such a ban will actually
further its asserted purpose,
c) .issues of state preemption of local liquor control are irrelevant
to the resolution of First: Amendment speech questions in regard
to a ban on nudity in liquor establishments.
Given the currency of the Iacobucoi decision it is yet unclear whether the
Minnesota Supreme Court might take a more limited approach to this type of
regulatory authority based upon its interpretation of the rights afforded
under cur state constitution. A case currently pending before the Minnesota
courts may determine this issue.
4. Criminal Enforcement of Obscenity Laws
The Minnesota Statutes and certain portions of the Rochester Code of
Ordinances provide criminal penalties for the sale, the distribution and, in
certain cases, the possession of obscene materials. Violations of the state
law are felony offenses and violations of the Rochester Code of Ordinances
(RCM) are misdemeanor offenses. The 1988 Minnesota Legislature is currently
considering a bill which would modify the wording and clarify the penalties
for violations of the state law. Upon enactment of such statutory changes,the
City Attorney's Office will be su3nitting to the council a request to modify
the RCO provisions to bring their wording into conformity with the statutory
language.
To the extent that materials or activities considered by you in the course of
your examination of adult entertainment uses in the City are "obscene", ycu
Should assume that enforcement of those criminal provisions will be the
•
• primary responsibility of law enforcement rather than the Planning Commission
or other City staff. Also, it is unlikely that the Council could enact
ordinances which more broadly define "obscenity" then those currently
contained in or projected for the. RCO. The existing state statutes and local •
RCO have been drafted to encompass the maximum scope of sexually expressive
activities under the guidelines of the Miller decision noted earlier.
Vigorous •enforcement of existing laws and ordinances rather than edeitional
legislation is the regulatory option available for truly "obscene" materials
or activities.
5. Other Potential Regulatory Approaches
Various other regulatory tools have potential applications in addressing the
problems posed by adult entertainment uses. Because they tend to complement
rather than replace the other techniques noted earlier, we will briefly list
then for your information and consideration: -
a) Signs and Storefront Displays
Since aesthetics and the preservation of the quality of unity
life are recognized as valid zoning objectives, adult use zoning
ordinances may include limitations on the size and character of
signs designating sexually-oriented businesses (See, The Law of
Zoning and Planning, Section 17B.02,7(a) ) . Although signs and
111 window displays are modes of expression and therefore implicate
First Amendment rights, as--a form-of "caanercial.
speech", they
are accorded a lesser degree of First Amenxnent protection.
b) Interior Regulations
Regulations prohibiting enclosure or complete concealment of the
interior of mini-:envie and peep show booths have been upheld by the
courts as legitimate deterrents against offensive or unlawful conduct
within the booths. Similarly, the courts have upheld a
Minneapolis ordinance which regulated the manner in which certain
sexually explicit material deemed "harmful to minors" was
displayed for sale.
c) Exterior Regulations
As in the case-oma sign ordinances,-courts have upheld the -
constitutionality of rest,rictions-on the exterior appearance and
design of adult uses.
d) Time Restrictions
Regulations which restrict an adult business's hours of operation
have often failed to relate adequately to the objectionable
secondary effects of these businesses in a manner which is deemed
by the courts to be the least intrusive on constitutionally
protected activities. While some schemes es have been upheld, others
have been found to be unconstitutional.
e) Public Nuisance Actions
Minnesota Statutes authorize curt actions to enjoin the
. • continued operation of businesses which have a record of engaging in
illegal activity such as prostitution. M.S.Section 617.80-517.87
Specific examples of communities which have employed each of these techniques
are available in the materials assembled by the staff in ,the preparation of
this report.
D. Legal Reference Materials .
Manyofthe points cited in this chapter of the report are noted in an
excellent legal caaaentaxy which is contained in Volume 2 of The Law of
Zoning and Planning journal. The full text of that article, written by
Edward H. Ziegler Jr. of the University of Dayton School of Law, is available
for review at the City Attorney's office. At least seven other extended
cacmentaries on the subject also have been collected and are available.
•
CHAPTER V - EXISTING LOCAL REGULATIONS
ATIONS
The category of uses generally referred to as "adult entertainments" is not
specifically addressed in existing Rochester Ordinances. There is no
definition of the term contained in either the Zoning Code or the compiled
Rochester Code or Ordinances (RCO) .
The Zoning Code does incidentally regulate certain types of uses which could
be regarded as "adult entertainments". These uses are regulated not because
they are considered to be adult entertainment, but rather because they fall
into the broad heading of "entertainment" uses as defined in Section 65.609.
These uses are cocktail lounges, night clubs, theaters, billiard parlors, pool
halls, and similar enterprises. They are permitted uses in the B-2 District
and constitute Conditional Uses in the B-3 and B-4 Districts.
Certain types of adult entertainments are also controlled by provisions
currently contained in the Rochester Code of Ordinances MOO) . Chapter 115
' requires many categories of establishments where saunas or massage services
would be offered to be licensed. Motion picture theaters are required to be
licensed under RCO Chapter 110. "Companionship sales" are technically
required by RCO Chapter 105 to be licensed. In fact, however, Chapter 105 was
determined to be unconstitutional by a decision of the Olmsted District Court
entered in approximately 1978. Finally, all establishments serving alcoholic
beverages are controlled by licenses issued under RCO Chapter 125A.
As noted in Article 17 above which addressed the associated legal issues, the
Rochester Code of Ordinances does currently contain a definition of
pornography in Section 85.05. That ordinance makes displaying, promotion of
participation in pornographic acts cr materials a misdemeamr criminal
offense. A misdemeanor offense carries a maximum penalty of a $700 fine
and/or 90 days in jail. A related section, RCO Section 85.02, prohibits
"indecent conduct" which is defined to include "lewd, lascivious or immoral
conduct" or "indecent lascivious exposure or use of the human body, or any
part thereof. . .".
There is nothing in -the existing ordinance provisions to suggest that--"adult
entertainments" as a general category of uses has ever been examined or
addressed by a previous board or commission of the City.
•
CHAPTER VI - C..^NCLUSICN •
The purpose of this report has been to look at the general issue of adult
entertainment uses and to provide information which might be used to assist in
the determination of whether these businesses need to be the subject of more
intense regulation in the City of Rochester. Because of the diversity of
these uses and the wide array of potential regulatory approaches, much of the
material assembled by• the staff could not be included in the report. If you
would like to review in greater depth any item addressed in the report or have.
questions regarding materials not included, please consult with the staff.
The diversity of potential regulatory techniques reviewed above suggests that
no one regulatory technique employed 'by another city will necessarily be a
panacea for actual or potential problems in this community which are
associated with adult entertainments. Cnce you have conscientiously examined
the secondary effects of these establishments, you may very well conclude that
a composite approach utilizing several of the proven techniques is most
' appropriate for our community. In any event it is important to keep in mind •
the constitutional constraints and objectives which ultimately will determine_
whether you have properly balanced the rights of the operators of these
establishments against the interests of this community in blight-free and safe
neighborhoods.
Based upon our research the staff offers the following conclusions for your •
consideration:
a) A considerable number of communities throughout the nation have
studied the impacts which adult entertairimnts have on the areas • ..
surrounding then.
b) These studies have concluded that adult entertainment uses have an
adverse impact on the surrounding neighborhoods.
c) Residential neighborhoods in proximity to adult uses suffer adverse
effects including increased crime rates, lowered property values, and
increased transiency.
•
d) Values of both commercial and residential properties are diminished
when located in proximity to adult entertainment businesses.
e) The adverse impact on ccmmercial areas is increased by the presence of
more than one adult entertainment use in close proximity to another
adult enterzai n ent use. •
f) The impact which an adult entertainment use has on the surrounding
area appears to lessen as the distance frim the adult entertainment
use increases.
g) Reasonable "time, place and manner" restrictions which address the
"secondary" :Impacts of adult entertainment uses are constitutionally •
permissible.
h) Any proposed regulation must be essentially. "content neutral". The
First Amendment prohibits regulations at_ons which. attempt to regulate
• written or• other expressive materials cr acts on the basis of their
content.
i) Pornographic materials are exert o the protections of the First
Amendment and can be regulated thr existing or penrl1 ng criminal
laws.
j) Adult entertainment regulations must be tailored to the specific needs
of each community as determined through specific findings of actual or
potential impacts affecting the public health, safety, or general
welfare.
k) Misting local regulation of adult entertainment uses is limited in
its scope, is generally incidental to other regulatory provisions, and
has never been addressed as part of a comprehensive community plan to
regulate such uses.
The Carucn Council has requested you to examine the factors associated with
adult entertainment uses and their regulations. It has asked that you prepare
a report incorporating your findings for submission to the Council. Finally,
you were invited by the Council to submit drafts of any zoning ordinance
changes which you determined would be appropriate to regulate these uses in
cur community. . If you find that same problems or impacts created by adult
entertainment uses cannot be addressed through zoning ordinance changes, you
should separately identify those problems for the Council's future
consideration. Subject to the legal limitations and considerations outlined
in this report you are free to determine hew you wish to proceed to fulfill
that Objectives. The staff of the Planning Commission and the City Attorney's
Office stands prepared to assist you in any way possible in responsibly
addressing this project.
•
••
GLOSSARY •
The following glossary of terms associated with adult entertainment uses has
been compiled frau ordinances which are in effect in various communities
throughout the nation. Both the terms used to identify certain adult
entertainment uses and the definitions assigned to those terms vary
considerably from cemrnznity to community.. Zhe terms listed below are typical
of those found in many other ordinances.
1. Adult arcade shall mean any preuises to which members of the public or
members of any club, group or association are admitted and permitted to
use one or more arcade devices.
2. Adult Bookstore means an establishment having as a substantial or
significant portion of its stock in trade books, magazines, and other
periodicals which are distinguished or characterized by their emphasis on
matter depiction, describing, or relating to "specified sexual activities"
or "specified anatanical areas" (as defined below) , or an establishment
with a -segment or section devoted to the sale or display of such material.
3. Adult business means either (1) any business which is conducted
exclusively for the patronage of adults and as to which minors are
specifically excluded L.L.la patronage thereat either by law or by the
operators of such business except any business licensed by the state
Department of Alcoholic Beverage Control; or (2) .any business, other than ("-those expressly specified in this article, -where employees or patrons
expose specified anatomical areas or engage in specified sexual
activities; or (3) any other business or establishment which offers its
patrons services or entertainment characterized by an emphasis on matter
depic ng, exposing, describing, discussing or relating to specified
sexual activities or specified anatanical areas.
4. Adult cabaret means an establishment which provides dancing or other live
entertainment, if such establishment excludes minors by virtue of age or
if such dancing or other live entertainment is distinguished or
characterized by an emphasis cn the performance, depiction or description
of "Specified sexual activities" or "specified anatomical areas."
5. Adult conversation/rap parlor means a conversation/rap parlor which
excludes minors by reason of age, or 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 "spec' �'�,-' anatanical areas."
6. Adult dancing establishment means a business that features dancers
displaying or exposing spe'-4 ,4 anatanical areas.
7. Adult encounter parlor means an establishment whose major business is the •
provision of premises where customers either congregate, associate or
consort with employees who engage in s -4=4�d sexual activities which or
in the presence of such customers, or who display specified anatanical
areas in the presence of such cstaner s, with the intent of providing
sexual gratification to such customers.
• 8. Adult hotel or motel means a hotel or motel wherein material is presented
which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
9. .Adult massage parlor means a place where specified anatomical areas of one
person are touched by rubbing, stroking, kneading or tapping by another
. person, who is an employee, accompanied by the display or exposure of
specified anatomical areas, but not including health care facilities,
licensed physicians or nurses engaged in the practice of their
professions, establishments registered under Chapter 480, Florida
Statutes, educational athletic facilities if the massage is a normal and
usual practice in such facilities, and health clubs and athletic •
societies. If the massage is incidental to or a normal part of the health
and athletic activities thereof, except where sexual intercourse takes
place.
• 10. Adult mini-motion picture theatre means an enclosed building with a
capacity of less than fifty persons used for presenting material
distinguished or characterized by an emphasis on material depicting,
describing or relating to "specified se ml activities" or "specified • -
anatcmical areas" (as defined below) for observation by patrons therein.
11. Adult modeling studio means an establishment whose major business is- the
• provision, to customers, or 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 which being observed, painted, painted upon,
- sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.
12. Adult motion picture arcade means any place to which the public is
permitted or invited wherein coin or slug-operated or electronically,
electrically or mechanically controlled 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.
13. Adult motion picture theater means an enclosed building, or a portion or
part of an enclosed building, cr an cpen-aire theater designed to permit
viewing by patrons seated in automobiles, used for presenting on a regular
basis film material which has as its primary or dominant theme matters
depicting, illustrating cr relating to specified sexual activities for
observation by adult patrons thereof, and includes and hotel or motel,
boarding house, roaring house or other lodging for transient customers
which advertises the presentation of such film material.
• 14. Adult novelty business means a business which has as a principal activity
the sale of devices• of simulated human genitals or devices designed for
sexual stimulation.
I
15. Adult personal service business means a business having as a principal •
activity a person of one sex, while nude or partially nude, providing
personal services for a person of the other sex on an individual basis in
a closed roam. It includes, but is not limited to, the following
activities and services: massage parlors, exotic rubs, modeling studios,
body painting studios, wrestling studios, individual theatrical
performances. It does not include activities performed by persons
pursuant to, and in accordance with, licenses issued to such persons by
the State of Michigan.
16. Adult sauna means a sauna which excludes minors by reason of age, or which
provides a steam bath or heat bathing rain 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." •
17. Adult uses include, adult bookstores, adult motion picture
theatres, adult mini-motion picture theatres, adult massage parlors,
adult saunas, adult rap/conversation parlors, adult health clubs, and
adult cabarets, and other premises, enterprises, businesses or places
open to some or all members of the public at or in which there is an
emphasis on the performance, depiction or description of "specified
sexual activities" or "specified anatomical areas" which are capable
of being seen by said members of the public. •
18. Arcade device shall mean any coin- or slug-operated or electronically
or mechanically controlled machine or device that dispenses or effect-
uates the dispensing of entertainment, that is intended for the viewing
of five (5) or fewer persons in exchange for any payment of any
consideration.
19. Body painting studio shall mean any establishment or business which
provides the service of applying paint or other substance whether
.transparent or nontransparent to or cn the human body when such body is
wholly or partially nude in terms of "specified anatomical areas."
20. Escort bureau shall mean any person who offers to furnish an escort for
financial consideration.
21. Escort shall mean any person who receives financial consideration for
consorting with or escorting another person in any public or private
place within the City of Rochester.
22. Se_m' l'y oriented devices means without limitation any artificial or
simulated specified anatomical area or other device or paraphernalia
that is designed in whole cr part for specified sexual activities.
23. Specified anatomical areas shall mean and include any of the following: •
(a) Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areolae; or
(b) Amman male genitals in a discernibly turgid state, even if
completely and opaquely covered.
,r_ 100t
•
24. Specified sexual activities shall include any of the following:
(1) 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: analingus,
buggery, coprcphagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty,pedophilia, piquerisn, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus,
or masturbation; or
•
(4) Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
(5) Masochism, erotic or sexually-oriented torture, beating or the
infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexually-oriented contact
• with an animal by a human being; or _
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
•
12/13/94 15:44 FAX 612 861 9749 CITY-RICHFIELD y-.-► CITY ATTY la 001
Ps 1r Fax Nobe 7671 Oe 11 esu i°41E
1iTssoii FVun . Ui,1LLAC •
Ploee/ • ` Phalleo .L i J
Fixs Faranthlin
DATE: October 25, 1994
TO: Planning Commissioners
•
FROM: Byron Wallace
SUBJECT: Adult Uses Study—Fust Draft
Introduction:
The City of Richfield has regulated adult uses through a licensing procedure
•
under section 605 of the City Code (Appendlx A). The Zoning Ordinance does
not specifically relate to adult uses. The licensing provisions responded to the
-massage parlor issues of a decade ago.
•
n recent years, other es of adult uses have appeared in other cities or
i typ
inquiries received about uses which may not be covered by either the licensing
provisions or the Zoning Ordinance. The City of Bloomington has recently
completed a study on the regulation of adult uses and the Zoning Ordinance of
the City of Hopkins has been challenged as unduly restrictive by an adult use
video store.
As a result,the City Council on October 25, 1993 approved a one year
moratorium on the development of adult uses within the City and extended such
moratorium oh September 12, 1994 for an additional one year to provide
adequate time to address the land use and zoning issues. During this time, std
has researched and accumulated materials and studies relating to the subject.
The Planning Commission•has had the materials available as well as heard from
staff and the City Attorney's office on the topic. The Planning Commission is
' also at work on a comprehensive review and revision of the enure Zoning
Ordinance.
Background:
• Zoning has long been recognized as a valid method to regulate land use in
des. See Vltace of Euclid v.ambler Realty Co.,.272 U.S. 365 (1926). In
reality, there is an exclusion or segregation of uses inherent in any such zoning
ordinance.
M4 15:35 r:ib d1z 81S1 9749 CITY-RICHFIE .D -0-0-0 CITY ATTY
Zoning establishes districts and permits certain types of uses in each such
district: More particularly. certain types of businesses are considered to have a IP
blighting influence on other properties as a result of Its operations. The oft cited
use is the slaughter house or rendering plant More recently,the City Counc1
considered the potential blighting influences of businesses such as pawn shops
and required that they be dispersed and a specified distance from each other
and away from resideniiaiy zoned property.
There is an overridng differential when considering adult uses. The U.S.
Supreme Court has concluded that adult businesses, not dealing in obscene
materials,are protected by the First Amendment Obscenity is not, however,
protected and may be prosecuted under state law.
•
An adult use business is typically a business that generates revenue by featuring
material,whether books, magazines, motion pictures or entertainment that .
features or depicts sexual activities. Any regulation of the FirstAmendment
guarantees of freedom of communication and expression will be narrowly
construed.
The Scope of regulation has been delineated in great part by the U.S. Supreme
Court in two cases: Young v.American Mini Theatres, Inc. 427 US 50 (1976) -
and Renton v. Playtime Theatres, Inc.475 US 41 (1986). Two other more
recent Eghth Circuit cases from Minnesota are also attached: kloimberq v. City-40
of Ramsey, No.92-3897 MN,flied December 30, 1993 and ILO Investments,
Inc.v City of Rochester, No.93-1925,filled June 15, 1994.
Based on the above cases, any zoning regulation must be analyzed by
reference to the following:
1. An adult use cannot be regulated on the basis of the materials that
•
they sell orate entertainment provided but only on the effed that
- such businesses have on the surrounding area.
2. A municipality must conclude that such adult businesses create
adverse secondary effects such as neighborhood blight, diminished
property values and increase crime.
3. Municipalities need not conduct their own adverse secondary
effects studies. They can rely on=dies performed by other cities,
provided that the studies are reasonably related to the problem that
the Cay is trying to address.
4. Ether(-Aspersed or concentration regulations may be utilized but, in
either case, the City must allow a reasonable opportunity area in
the City for adult uses to locate. -
2
12/13/94 15:45 FAX 812 881 9749 CITY-RICHFIELD y-►-+ CITY ATTY 1 003
i There have been a series of studies undertaken across the country of the
secondary effects of adult businesses. Some of these studies are outlined
herein.
•
The Planning Department of the Gly of Phoenix,Arizona published a study
report in May 1979 ended "Relation of Criminal Activity and Adult Business'.
The study compared three areas containing adult businesses with three
comparable control areas. The study conclusions were that the adult business
areas had crime rates of 143%of the conhvl group for property crimes, 104%far
violent crimes and 606% for sex crimes. It should also be noted that in one.of
. the study areas the sex crime rate was 1135% of the control group area
average. In that same study area,89%tithe reported indecent exposure .
crimes were committed at the addresses of adult businesses.
The Division of Planning in the City of Indianapolis, Indiana undertook a dual
planning study in 1983. Six areas containing adult businesses were compared
with six comparable control areas relative to the factors of crime incidence. In
the second part of the study,the City collaborated with Indiana University in a
national survey of real estate appraisers to develop a"best professional opinion'
as to the.effect of adult entertainment businesses on surrounding real estate
values. The findings were as follows:
- The average major Dune rate (Le,crimes per 10,000 population). :..-_
in the 1PD District was 748.55,the Control Area 886.34, and the
Study Area 1090.51. Major crimes occurred in areas of the study
that contained at least one adult entertainment establishment at a
rate that was 23% higher than the six similar areas studies not
• having such businesses and 46% higher than the Police District at
large.
- Although it was impossible to obtain a discrete rate for sex-related
rimes a the poke district level,it was possible to compare rates
• between the Control Areas and the Study areas. The average
Sex-related crime rate in the Control Areas over the five year
period was 25.2,while that rate for the Study Areas was 46.4.
- If the ratio of sex-related crimes was the same as that established
for major Mmes between the Control Area and the Study Area,
however, we would expect a sex-related crime rate of 32.3. The
actual rate of 46.4 is 77% higher Than that of the Control Areas
rather than the 23%that would be expected and indicates the
presence of abnormal influences in the Study Areas.
- Close examination of crime st tics within the Study Areas
Indicate a direct correlation between crime and the residential
character of the neighborhood. Crime frequencies were
higher in residential areas of the study than in its commercial
areas.
3
12/13/94 15:46 FAX 612 861 9749 CITY-RICHFIELD --►-f CITY ATTY
•
- At the same time,sem-related crimes occurred four times more
• frequently within residential neighborhoods having at Ieast one
adult entertainment business than in neighborhoods having a
substantially district related commercial make-up having adult
entertainment
- Although the housing base within the Study Areas was of a
distinctly higher value than that of the control Areas, its value
•appreciated at only one-half the rate of the control Areas'and
• one-third the rate of Center Township as a whole during.the period
1979- 1982.' .
- Pressures within the Study Areas caused the real estate market
wti in' their boundaries to perform in a manner contrary to that
within the Control Areas, Center Township and the County. In a
time when the market saw a decrease of 50% on listings, listings
within the Study Areas actually increased slightly.
- As a result,twice as many houses were placed on the market at •
substantially lower prices than would be expected had the Study
Area's market performance been typical for the period of time in
question.
•
- • The great majority of appraisers(75%)who responded to a
national survey of certified real estate appraisers felt that an adult
bookstore Ionated within one block would have negative effect on
the value of both residential (80%) and commercial (72%)
• properties. 50% of these respondents foresaw an immediate
• depreciation in excess of 10%.
- •- -- At a distance of three blocks,the great ntaiority of respondents
(71%) felt that the impact of an adult bookstore fell off sharply so
that the impact was negligible on both residential (64%) and
commercial (77%). At the same time, if appears that the residual
effect of such a use was greater for residential than for commercial
properties.
- In answer to a survey question regarding the impact of an adult
bookstore on property values generally, 50%felt that there would
be a substantial-to-moderate negative impact,30% saw little or no
impact, and 20% saw the effect as being dependent on factors
such as the predominant values (property and social) existing in
the neighborhood, the development standards imposed on the use,
and the ability of an existing commercial node.to buffer the impact s
from other uses. -
4
1L/1J/204 13:4r MA 012 titil 8748 CITY-RICHFIELD +-►-► CITY ATTY 0005
•
An April 1.978 study by the St Paul Division of Planning and the Minnesota •
Crime Control Planning Board entitled "Neighborhood Deterioration and the
location of Adult Entertainment Establishments" looked at the relationship
between alcohol serving adult entertainment and neighborhood blight Adult
uses wdhout alcohol were not part of this study. The Summary, in party is as •
follows:
— There is a statistically significant relationship between the number
of adult entertainment establishments (alcohol—serving and
sexually oriented combined) located in an area and the
deterioration of that area as reflected in housing values and crime
rates.
— Sexually oriented establishments tend to locate in areas which
already reflect the effects of other adult entertainment
establishments, making it Moult without further analysis to
• ascertain the unique contabu ion which sexually oriented
establishments have on neighborhood deterioration.
— While adult entertainment establishments tend to locate in areas of
relative deterioration,There is dear indication that these
establishments contribute heavily to the further deterioration of
• these same areas. Most significantly,the effect of adult
entertainment establishments on neighborhood deterioration was
found to be a threshold phenomenon;neighborhood deterioration
is significantly greater in those areas with more than two adult
entertainment establishments of any type (alcohol—serving or
sexually oriented).
•
— There is an externality or social cost, as reflected in neighborhood
deterioration, imposed on a neighborhood by the location of an
adult entertainment establishment in that area. These costs are
uttimately reflected-in-higher taxes for all St Paul citizens in order
to support the delivery of more police services, and in a relatively
•
depressed and eroding tax base in the affected areas, leading to
even higher citywide tax rates.
— Those areas with more than two adult entertainment establishment
have sharply higher crime rates and sharply Tower housing values
than those with fewer than two such establishments.
The June 1989 "Report of the Attorney General's Working Group on he
Regulation of Sexually Oriented Businesses" also reported on the studies done .
by Minneapolis and Los Angeles. These are set out in the Report on pages 6
and 10.
5
12/13/94 15:47 FAX 812 861. 9749 CITY-RICHFIELD 14-+ CITY ITTT RiOO8
•
011
Minneapolis:
in 1980. on direction form the Minneapolis City Council.the Minneapolis Crime•
Prevention Center examined the eft of sex-oriented and alcohol-oriented
adult entertainment upon property values and crime rates. This study used both
simple regression and multiple regression statistical analysis to evaluate whether
there was a causal relationship between these businesses and neighborhood
blight
•
The study concluded that there was a close association between sexually
oriented businesses, high crime rates and low housing values in a neighborhood.
When the data was reexamined using control variables such as the mean
income in the neighborhood to determine whether the association proved
causation,it was unclear whether sexually oriented businesses caused a decline
in property values. The Minneapolis study concluded that sexually oriented
businesses concentrate in areas which are relatively deteriorated and, at most,
. they may weakly contribute to the continued depression of property values..
However,the Minneapolis study found a much stronger relationship between
sexually oriented businesses and crime rate. A crime index was constructed
including robbery, burglary. rape and assault. The rate of crime in areas near _ _i•
sexually oriented businesses was then compared to crime rates in other areas.
The study drew the following conclusions:
1. The effects of sexually oriented businesses on the crime rate index
Is positive and significant regardless of which control variable is
used. •
2. Sexually oriented businesses continue to be associated with higher
crime rates, even when the control variables` impacts are
-considered-simultaneously.
According to the statistical analysis conducted in the Minneapolis study, the
addition of one sexually oriented business to a census tract area will cause an
increase in the overall crime rate index in that area by 9.15 crimes per thousand
people per year even if all other social factors remain unchanged.
• Los Angeles: _ •
A study released by the Los Angeles Police Department in 1984 supports a
relationship between sexually oriented businesses and rising crone rates. This
study is less definitive, since it was not designed to use similar areas as a
. . control. The study indicated that there were 11 sexually oriented adultIP
establishment in the Hollywood, California, area in 1969. By 1975,the number
had grown to 88. During the same time period, reported incidents of "Part[-
crime (i.e., homicide, rape, aggravated assault, robbery, burglary, larceny and
6
12/13/94 15:48 FAX 612 881 9749 CITY-RICHFIELD +-'.. CITY ATTY la 007
•
• vehicle theft) increased 7.6 percent in the Hollywood area while the rest of Los
Angeles had a 42 percent ircease. -Penn' arrests (i.e.forgery,prostitution,
narcotics, liquor lam violations, and gambling) increased 34 percent in the rest of
Los Angeles. but 45.4 percent in the Hollywood area.
Other reports considered include a Planning Advisory Report by William Toner,
"Regulating Sex Businesses- May 1977 and The Impact of Pornography: A
Decade of erature- by HB. McKay and KJ. Koff, 1984. Pertinent reviews of
studies and the literature in the field include that by the Rochester/Olmstead
Consolidated Planning Department for the City of Rochester in 1988 and the City
of Ramsey Planning Report of September 1990.. The recent set of documents
and reports of the City of Bloomington is also attached.
The Rochester report as quoted by the Eighth Circuit seemed a reasonable
°review of the findings of the variance studies:
a) A considerable number of communities throughout the nation have
studied the impacts which adult entertainments have on the areas
surrounding them.
•
b) These studies have concluded that adult entertainment uses have
an adverse impact on the surrounding neighborhoods.
•
• c) Residential neighborhoods in proximity to adult uses suffer adverse
• effects including increased crime rates, lowered property values,
and increased transiency.
d) Values of both commercial and residential properties are
•
diminished when located in proximity to adult entertainment
businesses.
• • e) The adverse impact on commercial areas is increased by the
• _ presence of more than one adult entertainment use in close
proximity to another adult entertainment use.
i) The impact which an adult entertainment use has on the
surrounding area appears to lessen as the distance for the adult
entertainment use increases.-
g) Reasonable 'time, place and manner" restrictions which address
the -secondary" impacts of adult entertainment uses are
constlutionally permissible.
as well as the conclusions
— The concerns which have prompted public hearings in this city are
similar to the concerns whiclh motivated the communities of
• Indianapolis, Indiana; St Paul., Minnesota; Phoenix,Arizona; and
7
12/13/94 15:48 FAI 12 861 9749 •CITY-RICHFIELD 1--. CITY ATTY 1 009
Acoendnc A— Section 605;Richfield City Code
B— City of Renton v. Playtime Theatres, Inc.,475 US 41 (1986)
C— Holmberg v. City of Ramsey, No.92-3897 MN, U.S. Court
of Appeals for the Eghth Circuit, 1993.
D— ILO Investments, Inc.v. City of Rochester, No.93-1925,
U.S. Court of Appeals for the Eighth Circuit, 1994.
"E— Community Crime Prevention Project of the Minnesota
Crime Control Planing Board and the Division of Planning,
Department of Planning and Economic Development of the
• City of St. Paul, `Neighborhood Deterioration and the
Location of Adult Entertainment Establishments in St. Paul",
April 1978.
F— Department of Metropolitan Development Division of
Planning, "Adult Entertainment Business in Indianapolis An
Analysis, " February 1984.
• G— City of Phoenix Planning Department, "Relation of Criminal
Activity and Adult Businesses",May 1979.
Ei— "Report of the Attorney General's Working Group on the
Regulation of Sexually Oriented Businesses',June 6, 1989.
I — Division of Planning, Department of Planning and Economic
Development of the City of St Paul, 'A 40—Acre Study', •
1987.
J— NortttwestAssodated Consultants, Inc., "Planning Report
City of Ramsey Adult Uses", 1990.
K— Rochester/Olmsted Consolidated Planning Department and
office of the Rochester City Attorney, "Adult Entertainment
Land Use and Legal Perspectives", March 2, 1988.
•
L— William Toner, -Regulating Sex Businesses',ASPO
Planning Advisory Service Report No. 327, May 1977.
M — H.B. McKay and DJ. Doiff, "The Impact of Pornography: A
Decade of Literature", 1984.
•
9
• 12/13/94 15:50 FAX 612 861 9749 CITY-RICHFIELD -' -+ CilrY ATTy 412010
•
N- Cfty of Bloomington, Conclusions Reached by Other Cities
Studying the Adverse Secondary Effects of Sexually
Oriented Businesses, _ and "Recommendations of the
Attorney Generars Working Group on the Regulation of
Sexually Oriented Businesses 1989",and "Ordinances
Recommended by the Staff Committee on Sexually Oriented
Businesses 1994"and miscellaneous memoranda.
•
•
•
•
•
•
•
•
•
•
to
MEMORANDUM
TO: PLANNING COMMISSION
FROM: JOYCE PRUITT,PLANNING ASSOCIATE
DATE: March 23, 1996
SUBJECT: CONTINUED DISCUSSION OF SIGN CODE REVISIONS
As agreed upon at the last Planning Commission meeting, we will discuss Issues number one and
two under Permanent Signs of the Sign Code Issues list. Please refer to Jean Miller's notes
provided at the last meeting for municipal sign code examples.
If you have any questions, please do not hesitate to contact me at 784-3055.
•