Ordinance 375CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
ORDINANCE NO.375
AN ORDINANCE DEFINING, LICENSING, AND
REGULATING SEXUALLY ORIENTED BUSINESS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. Chapter 10, Article VI, of the Chanhassen City Code is hereby amended in its entirety to read
as follows:
ARTICLE VI. SEXUALLY ORIENTED BUSINESSES
Sec.10-160. PURPOSE AND INTENT.
A. It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety,
morals, and general welfare of the citizens of the City, to guard against the inception and transmission
of disease, and to establish reasonable and uniform regulations. The provisions of this article have
neither the purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly, it is not the intent nor
effect of this article to restrict or deny access by adults to sexually oriented materials protected by the
• First Amendment, or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market.
B. The City Council further finds that experience from other cities demonstrates that sexually oriented
businesses conducted in private by members of the same or the opposite sex, and employing personnel
with no specialized training, are susceptible to operation in a manner contravening, subverting or
endangering the health, safety and welfare of members of the community by being the sites of acts of
prostitution, illicit sex, and occasions of violent crimes, thus requiring close inspection, licensing, and
regulation.
Sec.10-161. CLASSIFICATION. The following are classified as sexually oriented businesses:
A. adult arcades;
B. adult bookstores, adult video stores, adult stores;
C. adult cabarets;
D. adult conversation/rap parlors;
E. adult massage parlors;
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F. adult motels;
G. adult motion picture theaters;
H. adult saunas;
I. adult theaters;
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J. escort agencies;
K. nude model studios; and
L. sexual encounter centers.
Sec.10-162. LICENSE REQUIRED.
A. Prohibition. It is unlawful for any person to operate a sexually oriented business without a valid
sexually oriented business license issued by the City for the particular type of business.
B. Application Form. An application for a sexually oriented business license must be made on a form
provided by the City.
C. Required Information. An application shall be considered complete if it includes the information
required in this Section. The applicant shall be qualified according to the provisions of this article.
The application shall be notarized. The application shall include the information called for in
subsections (1) through (6), and where applicable, subsection (7), as follows:
1. The full true name and any other names used in the preceding five (5) years.
• 2. The current business address.
3. Either a set of fingerprints suitable for conducting necessary background checks pursuant to
this article, or the applicant's Social Security Number, to be used for the same purpose.
4. The name, business location, legal description, business mailing address and phone number of
the proposed sexually oriented business.
5. Written proof of age, in the form of either (i) a copy of a birth certificate and current photo, (ii)
a current driver's license with picture, or (iii) other picture identification document issued by a
governmental agency.
6. The issuing jurisdiction and the effective dates of any license or permit held by the applicant
relating to a sexually oriented business, and whether any such license or permit has been
denied, revoked, or suspended, and if so, the reason or reasons therefore.
7. The name and address of the statutory agent or other agent authorized to receive service of
process.
The information provided pursuant to subsections (1) through (7) shall be supplemented in writing by
certified mail, return receipt requested, to the City Clerk within ten (10) working days of a change of
circumstances which would render the information originally submitted false or incomplete.
is D. Diagram of Premises. The application for a sexually oriented business license must be accompanied
by a sketch or diagram showing the configuration of the premises, including a statement of total floor
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space occupied by the business. The sketch or diagram need not be professionally prepared but must
be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an
accuracy of plus or minus six inches. Applicants who must comply with Section 10-175 of this article
• shall submit a diagram meeting the requirements of that Section.
E. Inspections. The applicant must be qualified according to the provisions of this article and the
premises must be inspected and found to be in compliance with the law by the fire department and
building official.
F. Execution of Application. If a person who wishes to operate a sexually oriented business is an
individual, the individual must sign the application for a license as applicant. If a person who wishes
to operate a sexually oriented business is other than an individual, each individual who has a 10
percent or greater interest in the business, and each officer, director, general partner, or other person
who will participate directly in decisions relating to management of the business must sign the
application for a license as applicant. Each applicant must be qualified under Section 10-163 and each
applicant shall be considered a licensee if a license is granted.
G. No Exemption. A person who possesses a valid business license is not exempt from the requirement
of obtaining any required sexually oriented business license. A person who operates a sexually
oriented business and possesses a business license shall comply with the requirements and provisions
of this article, where applicable.
Sec.10-163. ISSUANCE OF LICENSE.
A. Temporary License. Upon the filing of a completed application for a sexually oriented business
•
license, the City shall issue a Temporary License to the applicant, which Temporary License shall
expire upon the final decision of the City to deny or grant the license.
B. Approval of License. Within thirty (30) days after the receipt of a completed application, the City
Manager or the City Manager's designee shall either issue a license, or issue a written notice of intent
to deny a license, to the applicant. The City shall approve the issuance of a license unless one or more
of the following is found to be true:
1. An applicant is under 18 years of age.
2. An applicant is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed
against him or her or imposed upon him or her in relation to a sexually oriented business.
3. An applicant has failed to provide information required under Section 10-162 or which is
necessary for issuance of the license or has falsely answered a question or request for
information on the application form.
4. An applicant has been convicted of a violation of a provision of this article within two years
immediately preceding the application. The fact that a conviction is being appealed shall have
no effect.
5. The premises to be used for the sexually oriented business has not been approved by the fire
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department and the building official as being in compliance with applicable laws and
ordinances.
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6. The license fee required by this article has not been paid.
7. An applicant or the proposed establishment is in violation of or is not in compliance with this
• article.
S. An applicant has been convicted of a crime:
a. involving any of the following offenses:
(1) prostitution as described in Minn. Stat. § 609.321;
(2) solicitation, inducement of promotion of prostitution as described in Minn. Stat.
§ 609.322;
(3) receiving profit derived from prostitution as described in Minn. Stat. § 609.323;
(4) other prohibited acts relating to prostitution as described in Minn. Stat. §
609.324;
(5) obscenity as described in Minn. Stat. § 617.241;
(6) sale, dissemination, distribution, display or exhibition of harmful materials to
minors as described in Minn. Stat. §§ 617.293 and 617.294;
(7) sexual performance by a child as described in Minn. Stat. § 617.246;
(8) dissemination or possession of child pornography as described in Minn. Stat. §
617.247;
(9) indecent exposure as described in Minn. Stat. § 617.23;
(10) criminal sexual conduct as described in Minn. Stat. §§ 609.342, 609.343,
609.344, and 609.345;
(11) incest, as described in Minn. Stat. § 609.365; or
(12) criminal attempt, conspiracy, or solicitation to commit any of the foregoing
offenses:
b. for which:
(1) less than two years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction, whichever is the later
date, if the conviction is of a misdemeanor offense;
(2) less than five years have elapsed since the date of conviction or the date of
release from confinement for the conviction, whichever is the later date, if the
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conviction is of a felony offense; or
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(3) less than five years have elapsed since the date of the last conviction or the date
of release from confinement for the last conviction, whichever is the later date,
if the convictions are of two or more misdemeanor offenses or combination of
• misdemeanor offenses occurring within any 24-month period.
9. The proposed sexually oriented business would or does not comply with the City's zoning
article.
C. Conviction. The fact that a conviction is being appealed shall have no effect on the disqualification of
the applicant. For purposes of this Section, "conviction":
1. means a conviction or a guilty plea; and
2. includes a conviction of any business entity for which the applicant had, at the time of the
offense leading to the conviction for a crime designated under this Section, a management
responsibility or a controlling interest.
D. Time Periods. An applicant who has been convicted of an offense listed in Section 10-163(b)(8)(a)
may qualify for a sexually oriented business license only when the time period required by Section 10-
163(b)(8)(b) has elapsed.
E. License Information and Posting. The license, if granted, shall state the name of the person or persons
to whom it is granted, the expiration date and the address of the sexually oriented business. The license
shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it
may be easily read at any time.
Sec.10-164. LICENSE FEES; LICENSE INVESTIGATION FEES.
The annual fee for a sexually oriented business license shall be set by the City Council. The investigation fee
for the purpose of issuing a license shall be set by the City Council. In the event that the license is denied
upon application, the license fee shall be refunded; however, no part of the license investigation fee shall be
returned to the applicant. No part of the annual license fee shall be refunded if the license is suspended or
revoked.
Sec.10-165. INSPECTION.
A. Inspection Required. An applicant, operator, or licensee shall permit law enforcement officers and any
other federal, state, county or city agency in the performance of any function connected with the
enforcement of this article, normally and arguably conducted by such agencies to inspect the premises
of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is
occupied or open for business.
B. Refusal. A person who operates a sexually oriented business or their agent or employee commits an
offense if the person refuses to permit a lawful inspection of the premises by a representative of the
police department at any time it is occupied or open for business.
C. Exception. The provisions of this section do not apply to areas of an adult motel which are currently
being rented by a customer for use as a permanent or temporary habitation.
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Sec.10-166. EXPIRATION OF LICENSE.
. A. Period of License and Renewal. Each renewal license shall be issued for a maximum period of one (1)
year. All licenses expire on June 30 of each year. Each license may be renewed only by making
application as provided in Section 10-162. Application for renewal should be made at least 30 days
before the expiration date. If the Council determines good and sufficient cause is shown by the
Applicant for failure to file a timely renewal application, the Council may, if other provisions of this
article are complied with, grant the application.
B. Denial of License Renewal. If the City denies renewal of a license, the applicant shall not be issued a
license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for
denial of the renewal license has been corrected or abated, the applicant may be granted a license if at
least 90 days have elapsed since the date denial became final.
Sec.10-167. SUSPENSION.
The City Manager may suspend a license for a period not to exceed thirty (30) days following written notice
and an opportunity to be heard if the City Manager determines that a licensee or an employee of a license has:
A. violated or is not in compliance with this article;
B. refused to allow an inspection of the sexually oriented business premises as authorized by this article;
C. knowingly permitted unlawful gambling by any person on the sexually oriented business premises;
• Sec.10-168. REVOCATION.
A. Intent to Revoke. The City Manager shall issue a written statement of intent to revoke a sexually
oriented business license if a cause of suspension in Section 10-167 occurs and the license has been
suspended within the preceding 12 months.
B. Basis for Revocation. The City Manager shall issue a written statement of intent to revoke a sexually
oriented business license if the City Manager determines that:
1. a licensee gave false or misleading information to the City during the application process;
2. a licensee or operator has knowingly allowed possession, use, or sale of controlled substances
on the premises;
a licensee or operator has knowingly allowed prostitution on the premises;
4. a licensee or operator knowingly operated the sexually oriented business during a period of
time when the licensee's license was suspended;
5. a licensee has been convicted of an offense listed in Section 10-163(b)(8)(a) for which the time
period required in Section 10-163(b)(8)(b) has not elapsed;
. 6. on two or more occasions within a 12-month period, a person or persons committed an offense
occurring in or on the licensed premises of a crime listed in Section 10-163(b)(8)(a), for which
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a conviction has been obtained, and the person or persons were employees of the sexually
oriented business at the time the offenses were committed;
• 7. a licensee or operator has knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term
"sexual contact" shall have the meaning as it is defined in Minn. Stat. § 609.341, Subd. 11(b).
This subsection shall not apply to an adult motel, unless the licensee knowingly allowed sexual
activities to occur either (i) in exchange for money, or (ii) in a public place or with public
view; or
8. a licensee is delinquent in payment to the City for ad valorem taxes, local lodging tax, or other
taxes or fees related to the sexually oriented business.
C. Appeal of Conviction. The fact that a conviction is being appealed shall have no effect on the
revocation of the license.
D. Exception. Subsection (13)(7) of this Section does not apply to adult motels as a ground for revoking
the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy,
oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
E. Provisional License. When, after the notice and hearing procedure described in Sec. 10-169, the City
revokes a license, the revocation shall continue for one year and the licensee shall not be issued a
sexually oriented business license for one year from the date revocation became effective, provided
that, if the conditions of Section 10-169(E) are met, a Provisional License shall be granted pursuant to
that Section. If, subsequent to revocation, the City finds that the basis for the revocation has been
. corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the
date the revocation became effective. If the license was revoked under Subsection (13)(7), an applicant
may not be granted another license until the appropriate number of years required under Section 10-
163(b)(8)(b) have elapsed.
Sec.10-169. HEARING; LICENSE DENIAL, SUSPENSION, REVOCATION; APPEAL.
A. Notification. If the City Manager determines that facts exist for denial, suspension, or revocation of a
license under this article, the City Manager shall notify the applicant or licensee ("respondent") in
writing of the intent to deny, suspend, or revoke the license, including the grounds therefore, by
personal delivery or by certified mail. The notification shall be directed to the most current business
address on file with the City. Within five (5) working days of receipt of such notice, the respondent
may provide to the City Manager, in writing, a response that shall include a statement of reasons why
the license or permit should not be denied, suspended, or revoked. Within three (3) days of the receipt
of respondent's written response, the City Manager shall notify respondent in writing of the hearing
date on respondent's denial, suspension, or revocation proceeding.
B. Appeal and Hearing. Within ten (10) working days of the receipt of respondent's written response, the
City shall conduct a hearing on respondent's appeal of the City Manager's decision. The City Council
may appoint a committee of the Council or an independent hearing officer to hear the matter, report
findings of fact and a recommendation for disposition to the Council. Hearings on the appeal shall be
open to the public and the licensee or applicant shall have the right to appear and be represented by
• legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Council
shall make a final decision. If a response is not received by the City in the time stated or, if after the
hearing, the City finds that grounds as specified in this article exist for denial, suspension, or
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revocation, then such denial, suspension, or revocation shall become final five (5) days after the City
sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such
notice shall include a statement advising the applicant or licensee of the right to appeal such decision
• to a court of competent jurisdiction.
If the City Council finds that no grounds exist for denial, suspension, or revocation of a license, then
within five (5) days after the hearing, the City Manager shall withdraw the intent to deny, suspend, or
revoke the license, and shall so notify the respondent in writing by certified mail of such action and
shall contemporaneously issue the license.
C. Judicial Review. Any decision of the City Council shall be a final appealable order and the applicant
or licensee ("aggrieved party") may seek prompt judicial review of such administrative action in any
court of competent jurisdiction.
D. Stay of Decision. The filing of an appeal stays the action and decision of the City Council requiring,
denying, suspending or revoking a license until 60 days after a final decision by the City Council, to
provide the aggrieved party sufficient time to appeal the City Council's decision to a court of
competent jurisdiction. If the aggrieved party appeals the City Council's decision within the 60 days
provided, the stay shall be extended until a final judicial decision is rendered in the matter.
E. Provisional License. Upon the filing of any court action to appeal, challenge, restrain, or otherwise
enjoin the City's enforcement of the denial, suspension, revocation, or licensure requirement, the City
shall immediately issue the aggrieved party a Provisional License. The Provisional License shall
allow the aggrieved party to continue operation of the sexually oriented business or to continue
employment as a sexually oriented employee, as the case may be, and will expire upon the court's
• entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or otherwise enjoin
the City's enforcement.
F. Additional Requirements. The City Council may condition denial, suspension, revocation, or
non -renewal of a license upon appropriate terms and conditions.
Sec.10-170. TRANSFER OF LICENSE.
A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented
business under the authority of a license at any place other than the address designated in the application.
Sec.10-171. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
A. An escort agency shall not employ any person under the age of 18 years.
B. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person
under the age of
18 years.
Sec.10-172. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
A. A nude model studio shall not employ any person under the age of 18 years.
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B. A person commits an offense if he or she appears in a state of nudity or knowingly allows another to
appear in a state of nudity in an area of a nude model studio premises which can be viewed from the
public right -of -way -
Sec. 10-173. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION
PICTURE THEATERS.
A. A person commits an offense if he or she knowingly allows a person under the age of 18 years to
appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
B. It is a defense to prosecution under Subsection (A) of this section if the person under 18 years was in a
restroom not open to public view or persons of the opposite sex.
Sec.10-174. ADDITIONAL REGULATIONS FOR ADULT MOTELS.
A. Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented
and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable
presumption that the establishment is an adult motel as that term is defined in this article.
B. A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar
commercial establishment that does not have a sexually oriented business license, he or she rents or
subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he or she
rents or subrents the same sleeping room again.
• C. For purposes of subsection (B) of this Section, the terms "rent" or "subrent" mean the act of permitting
a room to be occupied for any form of consideration.
See.10-175. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS,
VIDEOS, OR LIVE ENTERTAINMENT IN VIEWING ROOMS.
A. Requirements. A person who operates or causes to be operated a sexually oriented business, other
than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of
floor space, a film, video cassette, live entertainment or other video reproduction which depicts
specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. Upon application for a sexually oriented business license, the application shall be accompanied
by a diagram of the premises showing a plan thereof specifying the location of one or more
manager's stations and the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A managers station may not
exceed 32 square feet of floor area. The diagram shall also designate the place at which the
permit will be conspicuously posted, if granted. A professionally prepared diagram in the
nature of an engineer's or architect's blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object and should be drawn to a
designated scale or with marked dimensions sufficient to show the various internal dimensions
of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City
may waive the foregoing diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration of the premises has not been
• altered since it was prepared.
2. The application shall be sworn to be true and correct by the applicant.
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3. No alteration in the configuration or location of a manager's station may be made without the
prior approval of the City or its designee.
4. It is the duty of the owners and operator of the premises to ensure that at least one licensed
employee is on duty and situated in each managers station at all times that any patron is
present inside the premises.
5. The interior of the premises shall be configured in such a manner that there is an unobstructed
view from a manager's station of every area of the premises to which any patron is permitted
access for any purpose excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated, then the interior of
the premises shall be configured in such a manner that there is an unobstructed view of each
area of the premises to which any patron is permitted access for any purpose from at least one
of the manager's stations. The view required in this subsection must be by direct line of sight
from the manager's station.
6. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and
employees present in the premises to ensure that the view area specified in subsection (5)
remains unobstructed by any doors, walls, merchandise, display racks or other materials at all
times that any patron is present in the premises and to ensure that no patron is permitted access
to any area of the premises which has been designated as an area in which patrons will not be
permitted in the application filed pursuant to subsection (1) of this section.
. 7. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access at an illumination of not less than
one (1.0) foot-candle as measured at the floor level.
8. It shall be the duty of the licensee, owners and operator and it shall also be the duty of any
agents and employees present in the premises to ensure that the illumination described above,
is maintained at all times that any patron is present in the premises.
9. No viewing room may be occupied by more than one (1) person at any time.
10. No licensee shall allow openings of any kind to,exist between viewing rooms or
booths.
11. No person shall make or attempt to make an opening of any kind between viewing booths or
rooms.
12. The licensee shall, during each business day, regularly inspect the walls between the viewing
booths to determine if any openings or holes exist and shall cover or repair all openings or
holes within 24 hours.
13. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily
cleanable surfaces, with no rugs or carpeting.
• 14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be
constructed of, or permanently covered by, nonporous, easily cleanable material. No wood,
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plywood, composition board, or other porous material shall be used within forty-eight (48)
inches of the floor.
• B. Misdemeanor. A person having a duty under subsections (1) through (14) of subsection (A) above
commits a misdemeanor if the person knowingly fails to fulfill that duty.
Sec.10-176. GENERAL RESTRICTIONS FOR CONDUCT WITHIN A SEXUALLY ORIENTED
BUSINESS:
A. Distance Requirement for Live Entertainment. All performers, dancers, and persons appearing in a
semi-nude condition or providing live entertainment distinguished or characterized by an emphasis on
matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in
the licensed facility or in areas adjoining the licensed facility where such entertainment can be seen by
patrons of the licensed facility shall remain at all times a minimum distance of six (6) feet from all
patrons, customers, or spectators and shall dance or provide such entertainment on a platform intended
for that purpose, which shall be raised at least two (2) feet from the level of the floor on which patrons
or spectators are located.
B. Interaction with Patrons. No dancer, performer, or person while semi-nude or providing live
entertainment distinguished or characterized by an emphasis on matters depicting, describing, or
relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas
adjoining the licensed facility where the entertainment can be seen by patrons of the licensed facility
shall knowingly or intentionally touch any spectator or patron or the clothing of any spectator or
patron.
• C. Gratuity Prohibition. No customers, spectator, or patron of a licensed facility shall directly pay or give
any gratuity to any dancer or performer in a semi-nude condition and no dancer or performer in a
semi-nude condition shall solicit or receive any pay or gratuity directly from any patron or spectator.
D. Hours of Operation. No sexually oriented business, except for an adult motel, may remain open at any
time between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on weekdays and
Saturdays, and one o'clock (1:00) A.M. and noon (12:00) P.M. on Sundays.
Sec.10-177. ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY.
It shall be a misdemeanor for a person to knowingly and intentionally, in a sexually oriented business, appear
in a state of nudity or engage in specified sexual activities.
Sec.10-178. PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS.
No licensee, operator or employee shall knowingly allow a person under the age of eighteen (18) years on the
premises of a sexually oriented business.
Sec.10-179. EXEMPTIONS.
It is a defense to prosecution under this article that a person appearing in a state of nudity did so in a modeling
class operated:
• A. by a proprietary school licensed by the State of Minnesota; a college, junior college, or university
supported entirely or partly by taxation;
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L�
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by a private college or university which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. in a structure:
1. which has no sign visible from the exterior of the structure and no other advertising that
indicates a nude person is available for viewing; and
2. where in order to participate in a class a student must enroll at least three days in advance of
the class; and
3. where no more than one nude model is on the premises at any one time.
Sec.10-180. ENFORCEMENT.
A person who operates or causes to be operated a sexually oriented business without a valid license or in
violation of this article is subject to a suit for injunction as well as prosecution for criminal violations. Any
person violating a provision of this article, upon conviction, is guilty of a misdemeanor. Each day a sexually
oriented business so operates is a separate offense or violation.
Sec.10-181. SEVERABILITY.
If any section, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this article. The City Council hereby declares that it would
have adopted the article and each subsection, sentence, clause, or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this loth day of May, 2004, by the City Council of the City of
Chanhassen, Minnesota.
ATTEST:
"�elj 6� Jkf—
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Villager on May 20, 2004)
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• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.375
AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE
SEXUALLY ORIENTED BUSINESS LICENSES.
The purpose of this code amendment is to eliminate locational restrictions of such
businesses, which are included in Chapter 20 of the City Code; add Adult conversation/rap parlors
and Adult saunas as sexually oriented businesses; to specify the information that must be provided by
an applicant for a sexually oriented business license; to require other individuals closely tied to the
sexually oriented business to sign the application for licensure; to create temporary licenses; to
specify the approval or license denial timeframe; to clarify the term "conviction'; to expand
authorized business inspection personnel; to refine criteria for the suspension of a sexually oriented
business license; to require a written statement of intent to revoke a sexually oriented business
license; to specify the hearing; license denial, suspension, revocation; appeal process; to specify
criteria for live entertainment in viewing rooms; to provide general restrictions for conduct within a
sexually oriented business; to prohibit individuals from appearing nude or engaging in specified
sexual activities; to prohibit a person under the age of eighteen (18) years on the premises of a
sexually oriented business; to clarify that violation of the ordinance is a misdemeanor and that each
day a sexually oriented business so operates is a separate offense or violation; and to elucidate the
severability of the ordinance.
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A printed copy of Ordinance No. 375 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 10'h day of May,
2004, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on May 20, 2004)
is
CITY OF CHANHASSEN
CARVER. AND HENNEPIN
COUNTM, MII0480TA
WhUKARY OF ORDINANCE NO.
' 375
AN ORDINANCE AMENDING
CHAPTER 10 OF THE
CHANHASSEN CITY CODE
SEXUALLY ORIENTED BUSINESS
LICENSES.
The purpose of this code
amendment is to eliminate locational
restrictions of such businesses, which
,are included in Chapter 20 of the City
'Code; add Adult conversation/rap
parlors and Adult saunas as sexually
oriented businesses; to specify the
information that must be provided
by an applicant fora sexually oriented
business license; to require other
individuals closely tied to the sexu�lly
oriented business to sign tthe
application for licensure; to create
temporary licenses; to specify, the
approval or license denial timeftme;
to clarify the term "conviction"; to
expand authorized business
inspection personnel; to refine
criteria for the suspension of a
sexually oriented business license; to
require a written statement of intent
to revoke asexually oriented business
license; to specify the hearing; license
denial, suspension, revocation;
appeal process; to specify criteria for
live entertainment in viewing rooms;
to provide general restrictions for
conduct within a sexually oriented
business; to prohibit individuals from
appearing nude or engaging in
specified sexual activities; to prohibit
a person under the age of eight n
(18) years on the premises ofa sexually
oriented business; to clarify t4at
violation of the ordinance is' a
misdemeanor and that each daY a
sexually oriented business so
operates is a separate offense or
violation; and to elucidate the
severability of the ordinance.
A printed copy of Ordinance No.
375 is available for inspection by any
person during regular office hours at
the office of the City Manager/Clerk.
PASSED, ADOPTED, i AND
APPROVED FOR PUBLICATION
this loth day of May, 2004, by the City
Council of the City of Chanhassen.
CITY OF CHANHASSEN
Todd Gerhardt, City Manager/
Clerk
(Published in the Chanhassen
Villager on Thursday, May 40, 2004;
No. 4187)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. Vzk�l
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopqrstuvwxyz
�By:L i L
Laurie A. Hartmann
Subscribed and sworn before me on
C�
this day of '2004
Notary Public
°GWEN M. RADUENZ
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan. 31, 2005
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch
Maximum rate allowed by law for the above matter ................................ $22.00 per column inch
Rate actually charged for the above matter .............................................. . $10.85 per column inch