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1e. Approval of 2nd and Final Reading of Ordinance Amendment Regulating Sexually Oriented Uses and Approval of a Resolution Establishing an Annual License Fee for these uses I C ITYOF e.. CHANHASSEN 1 , , 04 v., 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrator Endorsed / WA I MEMORANDUM Rejected d Rejected Date iD -7'4 TO: Don Ashworth, City Manager Dete Submitted to Commissibll FROM: Paul Krauss, Planning Director Date Submitted to Cam I DATE: September 1, 1993 1 SUBJ: Approval of Second and Final Reading of an Ordinance Amendment Regulating Sexually Oriented Uses and Approval of a Resolution Establishing an Annual I License Fee for These Uses I At your last meeting, you approved the first reading of the ordinance regulating sexually oriented uses. The City Attorney was asked to amend the draft to give protection to public buildings and churches as recommended by the Planning Commission. Protection was already provided for I day care centers, homes and parks. This change has been incorporated on page 13. We were also asked to consider a higher annual fee then the $500 that had been proposed. The City Attorney and Public Safety Director discussed this matter and believe that the most that I, could reasonably be supported based upon projected workloads is $1000 per year. It was also believed that the fee structure should be reassessed on an annual basis in a manner similar to all I other fees. Thus reference to the annual fee was deleted from the ordinance. It is recommended that the Council approve a resolution amending the City fee structure to establish a $1000 annual permit fee for sexually oriented uses. ' CITY COUNCIL UPDATE I At the meeting on September 13, 1993, the Council tabled the second reading of an ordinance regulating sexually oriented businesses. Staff was asked to assess the possibility of expanding the setback between these businesses and sensitive uses from 500 feet which was currently in the 1 ordinance to 1,000 feet. What we have accomplished in the interim is developed a map illustrating those sensitive uses, potential commercial sites and the impact of 500 and 1,000 foot setbacks. This map is large and not in a reproducible form but will be available for review at I the Council meeting. What it clearly illustrates is that the 1,000 foot setback would make it impossible to locate any sexually oriented businesses in the community. Under this setback, I there results one small "donut hole" focused on HRA owned parcel next to the Americana Bank 1 Don Ashworth September 1, 1993 Page 2 on West 79th Street. However, not even this lot, in its entirety, is included in the area outside 1 the 1,000 foot setback. Thus, this lot would become ineligible to accommodate such uses because as we interpret the ordinance, the parcel in its entirety must be included. Under the 500 foot setback, there is not an excessive number of potentially available sites but it does appear to 1 more reasonably meet the constitutional test. Therefore, staff is recommending that the second reading of the ordinance be approved and the ordinance published for implementation. Based upon discussions between the Public Safety Director and City Attorney, at the request of the City Council, we are proposing that the investigation fee and licensing fee be raised to $1,000. STAFF RECOMMENDATION ' Staff recommends that the Council approve the following actions: 1. Approval of second and final reading of an ordinance amending Chapter 10 of the City 1 Code defining and licensing sexually oriented uses; and 2. Approval of a resolution amending the City fee structure to establish a $1,000 annual 1 license fee for sexually oriented uses; and 3. Approve a summary of the ordinance for publication purposes. 1 1 1 1 1 1 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell (612) 452 -5000 Roger N. Knutson Fax (612) 452 -5550 Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knctsch Michael A. Broback Renae D. Steiner August 31, 1993 CHANHASSEN CITY COUNCIL Donald J. Chmiel, Mayor Mike Mason, Councilmember Richard Wing, Councilmember Colleen Dockendorf, Councilmember Mark Senn, Councilmember RE: Sexually Oriented Business Fees Dear Mayor and Councilmembers: I have discussed the background investigation fee and licensing fee with Scott Harr. Scott checked with the Sheriff's office and based upon their discussion, he is recommending a $1,000 fee for the background investigation. Based upon anticipated costs for enforcement of the ordinance I recommend the licensing fee also be set at $1,000. A higher fee would be subject to challenge as a "tax" not authorized by the legislature. yours, C.1PBELL KNUTSON, SCOTT • S, P.A. BY. •••- N. Knutson RNK:srn cc: Don Ashworth Scott Harr 1 1 1 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 1 1 Chanhassen City Council Meeting - September 13, 1993 responsibility to bring back po y g ac three different design components to the HRA. Take a look at. What's ' this going to cost. So I would anticipate that you're going to have one version that's going to be the cheaper form, the middle of the road and I don't think that we picked a particular design. In fact I know we haven't and I don't know that final costs estimates, anyone can give those but we can get a copy of the application. Mayor Chmiel: Maybe we can do that. Can you see if you can fmd that? We can address that later. Mark, would you like to address item (m)? M. CITY CODE AMENDMENT TO CHAPTER 10 REGARDING SEXUALLY ORIENTED BUSINESSES, SECOND AND FINAL READING. Councilman Senn: This is second reading tonight and I guess, in the first reading I raised a number of concerns with the ordinance regulating sexually orientated uses. I still really am not comfortable that we're, how would I say it, being tough enough. I read the staff report and also read the stuff from the attorney but had a chance to basically look at, check out a few other ordinances that are far more restrictive than our's that have been sitting in place for quite some time and never been tested. Mayor Chmiel: Who's would those be? Councilman Senn: One of them that I remember was quite detailed was Hopkins. Hopkins had a number of provisions in there like, I mean they pushed it to 1,000 feet. You couldn't be within 1,000 feet of any schools or churches or residences. And the other interesting twist, they couldn't be within 1,000 feet of each other, was another interesting twist. Hopkins went so far as to say that the hours could not, they couldn't be open for business between 10:00, I think it was 10:00 p.m. and 10:00 a.m. It went so far as to say that there could be no enclosed areas within these places. That they all basically be open. And their fees go as high as $3,500.00 for these types of uses. And so again, it's just not washing with what I was seeing and I'd really like to see us do very restrictive ordinance rather than a middle of the road or even whatever. Mayor Chmiel: Does the City of Hopkins have any of those businesses per se? Councilman Senn: They have, I think it's also kind of, they throw pawn shops I think in the same 1 classification. They have two pawn shops I think. I don't think they have many of the sexually orientated ones yet but that might be. That may be a tribute to their ordinance. Councilwoman Dockendorf: Well I think that's the concem of the lawyer, if I can speak for you Roger, is that it hasn't been tested and we don't want to lose if we are too restrictive. I mean it's a cross between not wanting them and having to allow them. 1 Roger Knutson: You have to allow them. This particular ordinance is patterned directly after the Ramsey ordinance, which was upheld by the District Court and Federal District Court here in 1 Minneapolis 6, 8, 9 months ago. It's now in appeal to the 8th Circuit so there is no finality to this but this is a pattern ordinance that's been used around the country. Can you be more restrictive? 5 1 1 Chanhassen City Council Meeting - September 13, 1993 I 1 Possibly. At some point you have to ask yourself, where do you draw the line. The basic philosophy of this ordinance is, you can come to town but if you screw up, you're out of here. That's the basic philosophy. You have to give reasonable areas for these businesses to operate. And what you really have to do, if you...is take 1,000 feet or 2,000 feet or whatever it is and you've got to plot out in your city where, what's left and if when you finish plotting it out there's nowhere left, or not a reasonable amount of space left, then it's tossed. It's unconstitutional. Councilman Senn: Hopkins is a 11 mile square area. Chanhassen is. Mayor Chmiel: We have a few more miles. Roger Knutson: And Hopkins has never been tested. 1 • Councilman Senn: No I understand but I mean, wouldn't it be better to pass a more restrictive ordinance and then if somebody tests it, you could always fall back and change the ordinance to your Ramsey one? Roger Knutson: You could, but it could be an expensive experience. 1 Councilman Senn: Why if you change the ordinance would it be so expensive? Why would they pursue it? 1 Mayor Chmiel: Roger's time. Roger Knutson: If they challenge you, you're right. You could fall back and just...or amend it. f Councilman Senn: I would just think if they're going to challenge it, it would probably be challenged in one of those locations that's already real restrictive about it. Roger Knutson: It's not quite...Up until very recently everyone has thought that you could restrict nudity and license liquor establishments. If you go around the metropolitan area, I would say... everywhere I know, which is not everywhere, they have those restrictions. Councilman Senn: Except 2 weeks ago they threw that one out. 1 Roger Knutson: They threw it out...what the situation is, I don't know. Because I was very surprised and most people were very surprised by that. So just because someone else has got it, I wouldn't necessarily use that as a model. But if you want to be more restrictive, then we can try to be but again, I would suggest tabling it and let's draw some circles and see what the effect is. Mayor Chmiel: Yeah. What was the other city you mentioned as well? , Councilman Senn: The other one I looked at was Plymouth and another one was, I think it was New 6 1 1 1 Chanhassen City Council Meeting - September 13, 1993 Hope. Roger Knutson: You can find a variety of these ordinances. All I'll suggest is the longer the ordinance has been on the book, the suspect it is. m current ordinance e more suspecs. The ore is probably more reflective of the current status of the law. 1 Councilman Senn: Hopkins is I think the most recent one if I remember right. That was within the last 2 years I think, if I remember right. And I saw some real good points in there that we kind of ' missed like the no enclosed areas and stuff like that. And the hours of operation. I mean we pick hours of operation on a lot of different things. 1 Roger Knutson: Not hotels. Councilman Senn: Well, this isn't a hotel? Roger Knutson: Oh yes. Mayor Chmiel: Okay. I think maybe what we could do is either table this to the next meeting and have some additional reviews with it, but as I have read Roger's recommendation. In there it indicated that, well of course we are changing it from the $500.00 we originally had to $1,000.00. And were still at a 500 feet distance if I remember correctly. Is that right Roger? ' Roger Knutson: That's correct. 1 Councilman Wing: But that was selected for a reason and it had to do with our demographics downtown. We've measured this at Public Safety in the past and the 1,000 foot outlawed the whole downtown area. And again our issue we described was we want to put it in a specific place. 1 Preferably out in the. 1 � Mayor Chmiel: Industrial development area. Councilman Wing: Which was a zoning issue again. This has gone through public safety years ago and what is it a year and a half that we've been talking about this and Scott and the Attorney and the City Manager and everybody has discussed this and we've tried to compromise it and talk about distances and they stated that the increase to S1,000.00 is maybe supportable but higher than that perhaps isn't. And I think we've, the only new thing I've heard is the enclosures. And I guess if it ' ever happens in Chanhassen, maybe we ought to add enclosures as an amendment but I don't know if I want to tie this up and tie up staff any longer. It's a reasonable proposal with reasonable numbers that I think is workable for now and you're assuming we're going to have a problem if we have to go about changing it. I just, the debate's gone on for a long enough time. I think we've had enough compromises that we have a fairly good document here. That's just my opinion. - Mayor Chmiel: Even if we adopted it and put addendums to it afterwards, we can do that. 1 • 1 Chanhassen City Council Meeting - September 13, 1993 tY g P 1 Roger Knutson: It seems quite, there's a decent possibility that when the 8th Circuit decides the Ramsey decision, which people have been expecting for some time. Most of them that have decided cases. I might very well be coming back again and telling you, suggesting some changes. As I will now as a result of... Mayor Chmiel: Okay. How does Council feel on this? Basically ready to move or would you like to 1 put that additional comment that Mark had with no booths? Councilwoman Dockendorf: I have a question Roger. If we pass this and something does come in to 1 Planning, it's my understanding that we can't amend it because there's already something in planning in the works. Roger Knutson: By filing an application you don't gain a vested right. Just filing the application just like in a zoning ordinance. It's possible to put moratoriums on. But as a practical matter, you're probably right. If someone comes in, tomorrow for example, before this ordinance is passed, the door's wide open because these are permits are handled administratively. They'd be approved, assuming they didn't need any other zoning approvals, would be handled by the city staff. Councilman Wing: For Don Ashworth. I believe Public Safety drew circles. I know we did when we looked at it in years past and Scott didn't bring this forward without having looked at the footage issue. I mean it's not just an arbitrary number. It was applied to downtown. Mayor Chmiel: That's right, it was. Don Ashworth: I'm sure if you made it 1,000, if they were not allowed within 1,000 feet of any 1 church, school, or other similar use, there would not be a spot within the downtown that they could be located. Because it's not over 1,000 feet away. Mayor Chmiel: So any other discussions? Councilman Wing: What have you asked for? 1 Councilman Senn: All I was asking for Dick was that we look, you know I'm sorry. You've seen the circling. You've seen something I haven't seen. Councilman Wing: Are you asking that it be tabled? Councilman Senn: I would like to just review again the footage. But more importantly, I would like to look at the other restricted areas such as the booths, the hours, the fee and stuff still...because what I'm seeing is that there's a lot more restrictive than what we're talking about. 1 Councilman Wing: So you're asking it be tabled? Councilman Senn: Yes. 8 1 1 Chanhassen City Council Meeting - September 13, 1993 Councilman Wing: I'll second that. Mayor Chmiel: Okay. It's been moved to table item (m) and have this before us at the next Council meeting, which would be the 27th, is that correct? Councilman Senn moved, Councilman Wing seconded to table the City Code Amendment to Chapter 10 Regarding Sexually Oriented Businesses until the next City Council meeting. All voted in favor and the motion carried unanimously. ' N. APPROVAL OF ACCOUNTS. Councilman Senn: Let's see here, page 13. There's an item $3,785.00, Stefan Associates. Landscape Architectural Services relating to the Hanus Building remodeling. And on page 9 there's a $13,962.00 expenditure for Hoisington relating to three items, Opus, Hanus and Lake Ann Irrigation. The Hanus building, as I understand it, is an HRA project or property. Again I was wondering why those were city expenses. Don Ashworth: The expenditure is held in a capital account. In this case like the Hanus. At the time that we sell bonds, the proceeds of those bonds will pay off the capital project. The debt is repaid by the HRA. So you're correct. This will eventually become an obligation of the HRA. However, in the interim period, until those bonds are sold, staff has taken a position that the expense should be submitted to the City Council until such time as it actually becomes an obligation of the HRA. I know this issue has come up before. I guess what I would like to do is have the City Attorney prepare a response as to if an item is shown as a proposed expenditure in the HRA plan, up until that time, up until the time the bonds are actually sold, does staff have the authority to simply submit them to the HRA or I guess our past practice has always been to submit them to the City Council. Even knowing that eventually they'll be paid by the HRA. I guess I would ask that Roger prepare that 1 report for our next agenda. Councilman Senn: Yeah, the thing I just find awkward is your estimates were basically approve city expenditures to something we have absolutely no authority over. And it seems to me that the HRA has reserves too so I mean, if you have temporary expenses that have to sit there, then why aren't they - being spent by the HRA until such time as the other funds become available to the HRA. There's a third item on page 8, same way. $3,763.00. Hammel -Green again for the entertainment complex. Councilman Wing: You know, every Council meeting this thing comes up and we pull this ledger out and staff is confronted with off the cuff requests for information. Jean Meuwissen is the most ruthless, conservative manager of our money I've ever seen, along with Tom Chaffee and his staff. They don't make mistakes on here and everything that has come up and has had an answer. Now on page 8, the one I circled was Hammel -Green, fees and services. I made a phone call Friday to Tom Chaffee and within 3 minutes I had a fax with the bill, and wherever I put it here. A complete description of what it was and why it was and a clarification. And I would really prefer to have my time spent on public hearings and not pulling arbitrarily items off of here that staff can't answer. That they don't know what you're talking about unless they have time to delve into it that could be done 9 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P Oct 6,93 16:26 No.003 P.02 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 1 1 Ordinance No. regulating sexually oriented businesses including: adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. The ordinance requires the licensing of sexually oriented businesses, regulates its conduct, and restricts its location. Violation of the ordinance is a criminal misdemeanor. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. "D FOR PUBLICATION this day F y of , 1993, by the City Council of the City of Chanhassen. ATTEST: Don Ashworth, Clerk /Manager Donald 1. Chmiel, Mayor (Published in the Chanhassen Villager on , 19 ). 1 1 1 1 1 9136 1 10/06:9? 4 II cA,y)--) CITYOF { I CHANHASSEN .. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 N ' Action by City Administrator 1 MEMORANDUM &idorsed Alcdif;ed Rejecter I TO: Don Ashworth, City Manager rate 5- 7-1 Dote Submitted to Commission FROM: Paul Krauss, Planning Directo>ar- pate Submitted to Councti III DATE: September 1, 1993 -13 -93 1 SUBJ: Approval of Second and Final Reading of an Ordinance Amendment Regulating Sexually Oriented Uses and Approval of a Resolution Establishing an Annual License Fee for These Uses At your last meeting, you approved the first reading of the ordinance regulating sexually oriented I uses. The City Attorney was asked to amend the draft to give protection to public buildings and churches as recommended by the Planning Commission. Protection was already provided for day care centers, homes and parks. This change has been incorporated on page 13. higher annual fee then the $500 that had been proposed. The ro We were also asked to consider a g P P II City Attorney and Public Safety Director discussed this matter and believe that the most that could reasonably be supported based upon projected workloads is $1000 per year. It was also believed that the fee structure should be reassessed on an annual basis in a manner similar to all I other fees. Thus reference to the annual fee was deleted from the ordinance. It is recommended that the Council approve a resolution amending the City fee structure to establish a $1000 annual . permit fee for sexually oriented uses 1 STAFF RECOMMENDATION 1 Staff recommends that the Council approve the following actions: 1. Approval of second and final reading of an ordinance amending Chapter 10 of the City 1 Code defining and licensing sexually oriented uses; and 2. Approval of a resolution amending the City fee structure to establish a $1000 annual 1 license fee for sexually oriented uses. 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J Campbell (612) 452 -5000 Roger N. Knutson Fax (612) 452 -5550 Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Michael A. Broback Renae D. Steiner August 31, 1993 11 CHANHASSEN CITY COUNCIL Donald J. Chmiel, Mayor 1 Mike Mason, Councilmember Richard Wing, Councilmember Colleen Dockendorf, Councilmember Mark Senn, Councilmember RE: Sexually Oriented Business Fees 1 Dear Mayor and Councilmembers: I have discussed the background investigation fee and ' licensing fee with Scott Harr. Scott checked with the Sheriff's office and based upon their discussion, he is recommending a $1,000 fee for the background investigation. Based upon anticipated costs for enforcement of the ordinance I recommend the licensing fee also be set at $1,000. A higher fee would be subject to challenge as a "tax" not authorized by the legislature. 11 • yours, C'iPBELL KNUTSON, SCOTT I • S, P.A. BY. — 1 •••- N. Knutson RNK:srn cc: Don Ashworth Scott Harr 1 1 1 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Th.maa• 1 ( ampk ]I (612) 452 - \ Lnut.om Fax (61 21 45_ -555 Thom a \1 t Gan 0 Fu,h• )am R \\ )1 ,ton Elliott B l.ner.ch Alrharl.A Brohacl. Renac D Stcincr August 24, 1993 1 Mr. Paul Krauss Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Sexually Oriented Businesses Dear Paul: Enclosed please find revised ordinance amending Chapter 10 of the City Code defining and licensing sexually oriented businesses, together with a "red- lined" copy of the revised ordinance showing where the changes were made from the 07/06/93 draft. Very truly yours, C PBEL , P ':� TSON, SCOTT 1 FU... I RNK:srn BY. N. Knutson Enclosures 1 1 ■ RECEIVED ■ = 1993 CITY OF CHANHASSEN Suite 317 • EaganJale Office Center • 1380 Corporate Center Curve • Eagan, N1N 55121 CITY OF CHANHASSEN 11 CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 1 AN ORDINANCE AMENDING CHAPTER 10; DEFINING AND LICENSING SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR DISTANCING REQUIREMENTS; RESTRICTIONS OF SUCH BUSINESSES FROM SCHOOLS AND OTHER USES; AND PENALTIES FOR VIOLATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: 1 Section 1. Chapter 10 of the Chanhassen City Code is hereby amended by adding Article V to read: ARTICLE V. SEXUALLY ORIENTED BUSINESSES Sec. 10 -150. Purpose and intent Sec. 10 -151. Definitions Sec. 10 -152. Classification Sec. 10 -153. License required Sec. 10 -154. Issuance of license Sec. 10 -155. Fees Sec. 10 -156. Inspection Sec. 10-157 Expiration of license Sec. 10 -158. Suspension Sec. 10-159. Revocation. Sec. 10 -160. Appeal Sec. 10 -161. Transfer of license Sec. 10 -162. Location of sexually oriented businesses Sec. 10 -163. Exemption from location restrictions Sec. 10 -164. Additional regulations for escort agencies Sec. 10 -165. Additional regulations for nude model studios Sec. 10 -166. Additional regulations for adult theaters and adult motion picture theaters Sec. 10 -167. Additional regulations for adult motels Sec. 10 -168. Regulations pertaining to exhibition of sexually explicit films or videos Sec. 10 -169. Enforcement Sec. 10 -170. Injunction Sec. 10 -150. PURPOSE AND INTENT. 1 (a) It is the purpose of this Chapter 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 to prevent the concentration of sexually 6834 r08/24/93 11 oriented businesses within the City. The provisions of this Chapter 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 Chapter 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 1 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. 1 (c) It is the intent of the City Council that the locational regulations of Section 10 -162 of this Chapter are promulgated pursuant to Minnesota Statutes § 462.357 et. seq., Chapter 20 of the City Code (the zoning ordinance), and the City's Comprehensive Plan. Sec. 10 -151. DEFINITIONS. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: ADULT ARCADE means any place to which the public is permitted or invited wherein coin - operated 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 the depicting or describing of " specified sexual activities" or "specified anatomical areas." ADULT BOOKSTORE, ADULT VIDEO STORE, or ADULT STORE means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more the following: (1) books, magazines, periodicals or other printed matter, or 1 photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas "; or (2) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." 6834 r08/24/93 2 11 1 ADULT CABARET means a nightclub, bar, restaurant, or similar 1 commercial establishment which regularly features: (1) persons who appear in a state of nudity; or r (2) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities "; or (3) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." ADULT MASSAGE PARLOR means a massage parlor which excludes minors by reason of age, or which provides, for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". ADULT MOTEL means a hotel, motel or similar commercial establishment which: (1) offers accommodations to the public for any form of 1 consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas "; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or (2) offers a sleeping room for rent for a period of time that t is less than 10 hours; or (3) allows a tenant or occupant of a sleeping room to subrent 1 the room for a period of time that is less than 10 hours. ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." 1 6834 r08/24/93 3 1 I/ CHURCH means a building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. A church may include living quarters for persons employed on the premises and classroom facilities. The following are not considered as churches: camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats extending for periods of more than one (1) day. Bible camps with live -in quarters, publishing establishments, ritual slaughter houses, radio or television towers and transmission facilities, theological seminaries, day care 1 centers, hospitals, and drug treatment centers are not churches. CITY MANAGER means the city manager of the City of Chanhassen. 11 ESCORT means a person who, for consideration, agrees or offers t o act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately ' perform a striptease for another person. ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. ESTABLISHMENT means and includes any of the following: (1) the opening or commencement of any sexually oriented business as a new business; (2) the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) the addition of any sexually oriented business to any ' other existing sexually oriented business; or (4) the relocation of any sexually oriented business. ' LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is ' provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. NUDITY or a STATE OF NUDITY means: (1) the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or 6834 11 r08/24/93 4 1 (2) a state of dress which fails to opaquely cover a human 11 buttock, anus, male genitals, female genitals, or areola of the female breast. PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity. RESIDENTIAL DISTRICT means that area of the City zoned as RR, 1, RSF, R -4, R -8, R -12, or R -16 by the City Code. SEMI -NUDE means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. 1 SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (1) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) activities between male and female persons and /or persons of the same sex when one or more of the persons is in a state of nudity or semi -nude. SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. SPECIFIED ANATOMICAL AREAS means human genitals in a state of sexual arousal. SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: (1) the fondling or other erotic touching of human genitals, 1 pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent (25 %), as the floor area existed on the effective date of this ordinance. 6834 r08/24/93 5 1 TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the following: (1) the sale, lease, or sublease of the business; (2) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other ' operation of law upon the death of the person possessing the ownership or control. Sec. 10 -152. 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 motels; (e) adult massage parlors; (f) adult motion picture theaters; (g) adult theaters; ' (h) escort agencies; (i) nude model studios; and (j) sexual encounter centers. ' Sec. 10.153. LICENSE REQUIRED. (a) A sexually oriented business may not be operated without a valid license, issued by the City for the particular type of ' business. (b) An application for a license must be made on a form I provided by the City Clerk. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor 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 market dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with Section 1 6834 r08/24/93 6 1 10 -168 of this Chapter shall submit a diagram meeting the requirements of that Section. (c) The applicant must be qualified according to the provisions of this Chapter and the premises must be inspected and found to be in compliance with the law by the fire_ department and building official. (d) 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 11 must sign the application for a license as applicant. Each applicant must be qualified under Section 10 -154 and each applicant shall be considered a licensee if a license is granted. Sec. 10 -154. ISSUANCE OF LICENSE. (a) The City Manager shall approve the issuance of a license by the City clerk to an applicant within 30 days after receipt of an application unless the Manager finds one or more of the following to be true: (1) An applicant is under 18 years of age. (2) An applicant is delinquent in his or her 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 reasonably 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 Chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (5) An applicant is residing with a person who has been denied a license by the City to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months. (6) The premises to be used for the sexually oriented business have not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances. 1 6834 r08/24/93 7 1 1 (7) The license fee required by this Chapter has not been paid. (8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he or she is unable to operate or manage a sexually oriented business premises in a peaceful and law - abiding manner, thus necessitating action by law enforcement officers. (9) An applicant or the proposed establishment is in ' violation of or is not in compliance with this Ordinance. (10) An applicant or an applicant's spouse has been 1 convicted of a crime: a. involving any of the following offenses: 1. prostitution as described in Minn. Stat. § 609.321; 1 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. 1 § 609.323; 4. other prohibited acts relating to prostitution as described in Minn. Stat. § 609.324; 5. obscenity as described in Minn. Stat. § 1 617.241; 6. sale, dissemination, distribution, ' display or exhibition of harmful material 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; 1 9. indecent exposure as described in Minn. Stat. § 617.23; 6834 11 r08/24/93 8 1 10. criminal sexual conduct as described in Minn. Stat. §§ 609.342, 609.343, 609.344, 11 and 609.345; 11. incest, as described in Minn. Stat. § 609.365; or 1 12. criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; b. for which: (i) 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; (ii) 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 conviction is of a felony offense; or (iii) 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. (b) The fact that a conviction is being appealed shall have 1 no effect on the disqualification of the applicant or applicant's - spouse. (c) An applicant who has been convicted or whose spouse has 1 been convicted of an offense listed in Section l0-154(a) (10) (a) may qualify for a sexually oriented business license only when the time period required by Section 10- 154(a)(10)(b) has elapsed. (d) 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. 1 6834 r08/24/93 9 .1 11 Sec. 10 -155. LICENSE FEES; LICENSE INVESTIGATION FEES. 1 The annual fee for a sexually oriented business license shall be established by City Council resolution. The investigation fee for the purpose of issuing a license shall be established by City Council resolution. 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 -156. INSPECTION. 11 (a) An applicant or licensee shall permit representatives of the police department, fire department, and building inspection division 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. 1 (b) 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) 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. 1 Sec. 10 -157. EXPIRATION OF LICENSE. (a) 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 -153. Application for renewal should be made at least ' 90 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 the Chapter are complied with, grant the application. (b) When the City Manager 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 Manager 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 -158. 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 Manager determines that a licensee or an employee of a license has: I 6834 r08/24/93 10 111. 1 (1) violated or is not in compliance with this Chapter; (2) engaged in excessive use of alcoholic beverages , while on the sexually oriented business premises; (3) refused to allow an inspection of the sexually 1 oriented business premises as authorized by this Chapter; (4) knowingly permitted unlawful gambling by any person on the sexually oriented business premises; (5) demonstrated inability to operate or manage a sexually oriented business in a peaceful and law - abiding manner thus necessitating action by law enforcement officers. 1 Sec. 10 -159. REVOCATION. (a) The City Manager may revoke a license preceded by written r notice and an opportunity to be heard if a cause for suspension set forth in Section 10 -158 occurs and the license has previously been suspended within the preceding 12 months. (b) The City Manager may revoke a license preceded by written notice and an opportunity to be heard if the City Manager determines that: (1) a licensee gave false or misleading information in the material submitted to the City during the application process; (2) a licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) a licensee or an employee has knowingly allowed 1 prostitution on the premises; (4) a licensee or an employee 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 11 in Section 10- 154(a)(10)(a) for which the time period required in Section 10-154(a) (10) (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 in the licensed premises of a crime listed in Section 10- 154(a)(10)(a), for which a conviction has been obtained, and the person or persons were , 6834 x08/24/93 11 1 employees of the sexually oriented business at the Y time the offenses were committed; (7) a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, 1 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); 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) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Subsection 10-159(b)(7) 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) When the City Manager 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. If, subsequent to revocation, the City Manager 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 granted under Subsection 10-159(b)(7), an applicant may not be granted another license until ' the appropriate number of years required under Section 10- 154(a)(10)(a) have elapsed. Sec. 10 -160. APPEAL. (a) If the City Manager denies the issuance of a license, or suspends, or revokes a license, the Manager shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action, and the right to an appeal. The aggrieved party may appeal the decision of the City Manager within 10 days of receiving notice of the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the City Council makes a final decision. ' (b) PROCEDURE: 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. 1 6834 r08/24/93 12 IL 1 At the conclusion of the hearing, the City Council shall make a final decision. (c) ADDITIONAL REQUIREMENTS: The City Council may condition denial, suspension, revocation, or non - renewal of a license upon appropriate terms and conditions. Sec. 10 -161. TRANSFER OF LICENSE. A licensee shall not transfer his or her license to another, 1 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. 1 Sec. 10 -162. LOCATION OF SEXUALLY ORIENTED BUSINESSES. (a) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 500 feet of: (1) a public or private elementary or secondary school; (2) a licensed day care center; , (3) a residential district; (4) a public park adjacent to a residential district; r (5) church; (6) City Hall; or (7) public libraries. ' (b) A person commits an offense if he or she causes, caused or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business. (c) A person commits an offense if he or she causes, caused or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. (d) For the purposes of Subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school or licensed day care center, or to the nearest boundary of an affected public park, residential district, or residential lot. 6834 x0 r08/24/93 13 41 e For purposes of Subsection (b) of this section, the ( ) P P ( ) distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (f) Any sexually oriented business lawfully operating on the effective date of this ordinance, that is in violation of Subsections (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later - established business(es) is nonconforming. (g) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use or residential district listed in subsection (a) of this Section within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. Sec. 10 -163. EXEMPTION FROM LOCATION RESTRICTIONS. (a) If the City Manager denies the issuance of a license to ' an applicant because the location of the sexually oriented business establishment is in violation of Section 10 -162 of this Chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the City Clerk a written ' request for an exemption from the location restrictions of Section 10 -162. ' (b) If the written request is filed with the City Clerk within the 10 -day limit, the City Council shall consider the request. The City Clerk shall set a date for the hearing within 60 days from the date the written request is received. (c) The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not ' apply. (d) The City Council may, in its discretion, grant an ' exemption from the locational restrictions of Section 10 -162 if it makes the following findings: (1) that the location of the proposed sexually oriented ' business will not have a detrimental effect on 6834 r08/24/93 14 IL 11 nearby properties or be contrary to the public safety or welfare; (2) that the granting of the exemption will not violate the spirit and intent of this Chapter of the City Code; 1 (3) that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; (4) that the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and (5) that all other applicable provisions of this Chapter will be observed. (e) The City Council shall grant or deny the exemption by'a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council is final. , (f) If the City Council grants the exemption, the exemption is valid for one year from the date of the Council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 10 -162 until the applicant applies for and receives another exemption. (g) If the City Council denies the exemption, the applicant , may not re -apply for an exemption until at least 12 months have elapsed since the date of the Council's action. (h) The grant of an exemption does not exempt the applicant' from any other provisions of this Chapter other than the locational restrictions of Section 10 -162. ' Sec. 10 -164. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. (a) An escort agency shall not employ any person under the 1 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 -165. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. 1 (a) A nude model studio shall not employ any person under the age of 18 years. r08/24/93 r08/24/93 1 5 1 11 (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 -166. 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 -167. ADDITIONAL REGULATIONS FOR ADULT MOTELS. 11 (a) Evidence that a sleeping room in a hotel, motel, or s imilar 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 Chapter. ' (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 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. ' Sec. 10 -168. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS. (a) 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, 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 manager's station may not exceed 32 square feet of 1 6834 r08/24/93 16 IL 1 floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, of granted. A professionally prepared II diagram in the nature of an engineer's or architect's blueprint shall not be required; II 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 II internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City Manager may waive the foregoing diagram for renewal applications if the applicant II adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. II (2) The application shall be sworn to be true and correct by the applicant. II (3) No alteration in the configuration or location of a manager's station may be made without the prior II approval of the City Manager or his or her designee. (4) It is the duty of the owners and operator of the II premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the II premises. (5) The interior of the premises shall be configured in such a manner that there is an unobstructed view II 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 II not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall I 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 I 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 II the view area specified in Subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that II any patron is present in the premises and to ensure r08/24/93 r08/24/93 1 7 J that patron is permitted access to an tha no pat n p i 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) footcandle as measured at the floor level. ' (8) 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 illumination described above, is maintained at all times that any patron is present in the premises. ' (b) A person having a duty under Subsections (1) through (8) of Subsection (a) above commits an offense if the person knowingly fails to fulfill that duty. Sec. 10 -169. ENFORCEMENT. ' (a) Any person violating a provision of this Chapter, upon conviction, is punishable by a fine not to exceed $700.00 and ninety (90) days in jail. (b) It is a defense to prosecution under this Chapter that a person appearing in a state of nudity did so in a modeling class operated: (1) by a proprietary school licensed by the State of Minnesota; a college, junior college, or university ' supported entirely or partly by taxation; (2) by a private college or university which maintains ' and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or (3) in a structure: ' a. 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 b. where in order to participate in a class a student must enroll at least three days in advance of the class; and 6834 r08/24/93 18 1 1 c. where no more than one nude model is on the premises at any one time. Sec. 10 -170. INJUNCTION. A person who operates or causes to be operated a sexually 1 oriented business without a valid license or in violation of Section 10 -162 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Section 2. Effective Date. This Ordinance shall be effective ninety (90) days after its passage and publication according to law. PASSED AND ADOPTED by the Chanhassen City Council this day of , 1993. 1 ATTEST: Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor 1 (Published in the Chanhassen Villager on , 1993.) 1 1 1 1 1 1 1 1 6834 r08/24/93 19