2m. Ordinance regulating sexually oriented uses and Annual License Fee 11
.‘111 CITYOF
\.
690 COULTE DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612 937 - 573 9
' Action by CttY Administrator
MEMORANDUM Endorsed ✓ _
1 thfie
Rejecter+
TO: Don Ashworth, City Manager
1 lute Submitted to Commission
FROM: Paul Krauss, Planning Directorar- Qate submitted to Council
1 DATE: September 1, 1993
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
1
At your last meeting, you approved the first reading of the ordinance regulating sexually oriented
1 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.
•
1 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
1 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
other fees. Thus reference to the annual fee was deleted from the ordinance. It is recommended
1 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
Staff recommends that the Council approve the following actions:
Approval of second and final reading of an ordinance amending Chapter 10 of the City
PP g g P tY
1 Code defining and licensing sexually oriented uses; and
2. Approval of a resolution amending the City fee structure to establish a $1000 annual
license fee for sexually oriented uses.
1
1
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
r •
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
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,
1 C' PBELL KNUTSON, SCOTT
S, P.A.
BY.
•.r N. Knutson
RNK:srn
' cc: Don Ashworth
Scott Harr
1
I
1
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
1
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law 1
Thoma' J Camjhkll (612) 452 -5000
Roger \ }:nut m Fax (612) 452 -5550 1
Thoma NI Scott
Gan G Fuch
Jame R. \X'aiton
Elliott B. Knctch
Michael A Brnhacl.
I
Renae D Steiner
August 24, 1993
1
Mr. Paul Krauss II
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
II
RE: Sexually Oriented Businesses
Dear Paul: 1
Enclosed please find revised ordinance amending Chapter 10 of
the City Code defining and licensing sexually oriented businesses, II 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, 1
C PBELCHS, L, :P! . TSON, SCOTT
FU 1
BY. II RNK:srn Roger N. Knutson
Enclosures
1
1
1
1
RECEIVED
,:iii.; j 1993 1
CITY OF CHANHASSEN
r
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
1
II
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
II
AN ORDINANCE AMENDING CHAPTER 10; DEFINING
II AND LICENSING SEXUALLY ORIENTED BUSINESSES;
PROVIDING FOR DISTANCING REQUIREMENTS;
RESTRICTIONS OF SUCH BUSINESSES FROM SCHOOLS
AND OTHER USES; AND PENALTIES FOR VIOLATIONS
II
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
I Section 1. Chapter 10 of the Chanhassen City Code is hereby
P Y Y
amended by adding Article V to read:
I ARTICLE V. SEXUALLY ORIENTED BUSINESSES
1 Sec. 10 -150. Purpose and intent
Sec. 10 -151. Definitions
I Sec. 10-152. Classification
Sec. 10 -153. License required
Sec. 10-154. Issuance of license
Sec. 10 -155. Fees
II Sec. 10 -156. Inspection
Sec. 10 -157 Expiration of license
Sec. 10 -158. Suspension
I Sec. 10 -159. Revocation.
Sec. 10 -160. Appeal
Sec. 10 -161. Transfer of license {
Sec. 10 -162. Location of sexually oriented businesses
I Sec. 10 -163. Exemption from location restrictions
Sec. 10 -164. Additional regulations for escort agencies
Sec. 10 -165. Additional regulations for nude model studios
II Sec. 10 -166. Additional regulations for adult theaters and
adult motion picture theaters
Sec. 10 -167. Additional regulations for adult motels
II Sec. 10 -168. Regulations pertaining to exhibition of sexually
explicit films or videos
Sec. 10 -169. Enforcement
Sec. 10 -170. Injunction
II
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
II 6834
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1
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
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.
(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
(1) books, magazines, periodicals or other printed matter, or
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."
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ADULT CABARET means a nightclub, bar, restaurant, or similar
commercial establishment which regularly features:
(1) persons who appear in a state of nudity; or
(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
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
' is less than 10 hours; or
(3) allows a tenant or occupant of a sleeping room to subrent
' 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
I 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."
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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 11 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
centers, hospitals, and drug treatment centers are not churches.
CITY MANAGER means the city manager of the City of Chanhassen. ,
ESCORT means a person who, for consideration, agrees or offers
to 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 1
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 1
genitals, female genitals, or female breast; or
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11 (2) a state of dress which fails to opaquely cover a human
buttock, anus, male genitals, female genitals, or areola
of the female breast.
I PERSON means an individual, proprietorship, partnership,
corporation, association, or other legal entity.
' RESIDENTIAL DISTRICT means that area of the City zoned as RR,
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
1 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.
I SPECIFIED ANATOMICAL AREAS means human genitals in a state of
sexual arousal.
' SPECFIED SEXUAL ACTIVITIES means and includes any of the
following I
(1) the fondling or other erotic touching of human genitals,.
' pubic region, buttocks, anus, or female breasts;
(2) sex acts, normal or perverted, actual or simulated,
I 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.
I 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.
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I!
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. CLABBIFICATION.
The following are classified as sexually oriented businesses: 1
(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 1
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
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
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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
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
1 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.
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(7) The license fee required by this Chapter has not
II
been paid.
(8) An applicant has been employed in a sexually II 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
II
law- abiding manner, thus necessitating action by
law enforcement officers.
(9) An applicant or the proposed establishment is in II
violation of or is not in compliance with this
Ordinance. II (10) An applicant or an applicant's spouse has been
convicted of a crime:
a. involving any of the following offenses: II
1. prostitution as described in Minn. Stat. II § 609.321;
2. solicitation, inducement of promotion of
prostitution as described in Minn. Stat. II § 609.322;
3. receiving profit derived from II prostitution as described in Minn. Stat.
§ 609.323;
4. other prohibited acts relating to
II
prostitution as described in Minn. Stat.
§ 609.324;
5. obscenity as described in Minn. Stat. § 1
617.241;
6. sale, dissemination, distribution,
II
display or exhibition of harmful material
to minors as described in Minn. Stat. §§
617.293 and 617.294;
II
7. sexual performance by a child as
described in Minn. Stat. § 617.246;
II
8. dissemination or possession of child
pornography as described in Minn. Stat. § II 617.247;
9. indecent exposure as described in Minn.
Stat. § 617.23; 1
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10. criminal sexual conduct as described in
11 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:
(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
no effect on the disqualification of the applicant or applicant's
spouse.
(c) An applicant who has been convicted or whose spouse has
been convicted of an offense listed in Section 10 -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
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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. 1
(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. '
(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.
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:
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11 (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
oriented business premises as authorized by this
11 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.
Sec. 10 -159. REVOCATION.
(a) The City Manager may revoke a license preceded by written
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
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
' 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
r08/24/93 11
1
employees of the sexually oriented business at the
time the offenses were committed;
(7) a licensee or an employee 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); 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 11 the licensee or applicant shall have the right to appear and be
represented by legal counsel and to offer evidence in its behalf.
6834
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11
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,
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 -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;
(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
11 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.
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(e) For purposes of Subsection (b) of this section, the
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
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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;
(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.
11 (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.
1 (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
' 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.
(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. 1
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. '
(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 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. 1
(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
(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
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floor area. The diagram shall also designate the
place at which the permit will be conspicuously
posted, of 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
11 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 Manager 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.
(3) No alteration in the configuration or location of a
manager's station may be made without the prior
approval of the City Manager or his or her
designee.
' (4) It is the duty of the owners and operator of the
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
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
11 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
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1
that no patron is permitted access to any area of 11
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: i
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
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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
oriented business without a valid license or in violation of
11 Section 10 -162 of this Chapter is subject to a suit for injunction
as well as prosecution for criminal violations.
1 Section 2. Effective Date. This Ordinance shall be effective
ninety (90) days after its passage and publication according to
law.
1
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1993.
ATTEST:
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1993.)
1
1
1
1
1
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1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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:
Section 1. Chapter 10 of the Chanhassen City Code is hereby
amended by adding Article V to read: 1
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.
(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
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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
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.
(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
1 Plan.
Sec. 10 - 151. DEFINITIONS.
I/ The following words, terms, and phrases, when used in this
C hapter, 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
11 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
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."
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ADULT CABARET means a nightclub, bar, restaurant, or similar
commercial establishment which regularly features:
(1) persons who appear in a state of nudity; or
(2) live performances which are characterized by the exposure
of "specified anatomical areas" or by "specified sexual
activities "; or 1
(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 1
establishment which:
(1) offers accommodations to the public for any form of
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
is less than 10 hours; or
(3) allows a tenant or occupant of a sleeping room to subrent
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 1
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."
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CITY MANAGER means the city manager of the City of Chanhassen.
ESCORT means a person who, for consideration, agrees or offers
to 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;
11 (3) the addition of any sexually oriented business to any
other existing sexually oriented business; or
11 (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:
I (1) the appearance of a human bare buttock, anus, male
genitals, female genitals, or female breast; or
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(2) a state of dress which fails to opaquely cover a human
buttock, anus, male genitals, female genitals, or areola
of the female breast.
PERSON means an individual, proprietorship, partnership, 1
corporation, association, or other legal entity.
RESIDENTIAL DISTRICT means that area of the City zoned as RR,
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. 11
SEXUAL ENCOUNTER CENTER means a business or commercial
enterprise that, as one of its primary business purposes, offers
for any form of consideration: 1
(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. 1
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,:
pubic region, buttocks, anus, or female breasts;
(2) sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy; 1
(3) masturbation, actual or simulated; or
(4) excretory functions as part of or in connection with any 1
of the activities set forth in (1) through (3) above.
SUBSTANTIAL ENLARGEMENT of a sexually oriented business means 1
the increase in floor area occupied by the business by more than 25
percent (25 %) , as the floor area existed on March 31, 1992: the
effective date of this ordinance
1
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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
11 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:
11 (d) adult motels;
(e) adult massage parlors;
(f) adult motion picture theaters;
(g) adult theaters;
(h) escort agencies;
' (i) nude model studios; and
11 (j) sexual encounter centers.
Sec. 10.153. LICENSE REQUIRED.
1 (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
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
11 market dimensions of the interior of the premises to an accuracy of
plus or minus six inches. Applicants who must comply with Section
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10 -168 of this Chapter shall submit a diagram meeting the
requirements of that Section.
(c) The applicant must be qualified according to the
II
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. 1
(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
II
sexually oriented business is other than an individual, each
individual who has a 10 percent or greater interest in the business
must sign the application for a license as applicant. Each
II
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.
II
(a) The City Manager shall approve the issuance of a license
by the City clerk to an applicant within 30 days after receipt of I
an application unless the Manager finds one or more of the
following to be true:
(1) An applicant is under 18 years of age. II
(2) An applicant is delinquent in his or her payment to
the City of taxes, fees, fines, or penalties
II
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 i
reasonably necessary for issuance of the license or
has falsely answered a question or request for II information on the application form.
(4) An applicant has been convicted of a violation of a
provision of this Chapter within two years
II
immediately preceding the application. The fact
that a conviction is being appealed shall have no
effect.
II
(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,
II
or residing with a person whose license to operate
a sexually oriented business has been revoked
within the preceding 12 months. 1
(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 II
compliance with applicable laws and ordinances.
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11 (7) The license fee required by this Chapter has not
been paid.
/I (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
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;
11 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;
9. indecent exposure as described in Minn.
Stat. § 617.23;
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10. criminal sexual conduct as described in
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Minn. Stat. §§ 609.342, 609.343, 609.344,
and 609.345;
11. incest, as described in Minn. Stat. § II
609.365; or
12. criminal attempt, conspiracy, or '
solicitation to commit any of the
foregoing offenses;
b. for which: II
(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
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offense;
(ii) less than five years have elapsed since
the date of conviction or the date of II
release from confinement for the
conviction, whichever is the later date,
if the conviction is of a felony offense;
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or
(iii) less than five years have elapsed since
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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 II
more misdemeanor offenses or combination
of misdemeanor offenses occurring within II any 24 -month period.
(b) The fact that a conviction is being appealed shall have
no effect on the disqualification of the applicant or applicant's
II
spouse.
(c) An applicant who has been convicted or whose spouse has
been convicted of an offense listed in Section l0-154(a) (10) (a) may II
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 11
person or persons to whom it is granted, the expiration date, and
the address of the sexually oriented business. The license shall
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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. i
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Sec. 10 -155. LICENSE FEES; LICENSE INVESTIGATION FEES.
The annual fee for a sexually oriented business license-4e
shall established d:. '. :..: <��ounc : :. .:: resolution. The
$-598 . .sall be s
: .:..:: a.�� �� C t .::. �:::
investigation fee for the purpose of issuing a license io $500
shall be established by : < ity Council ::resolution. In the event that
the license is denied 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.
(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.
(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.
Sec. 10 -157. EXPIRATION OF LICENSE.
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(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:
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(1) violated or is not in compliance with this Chapter; 1
(2) engaged in excessive use of alcoholic beverages
while on the sexually oriented business premises; 1
(3) refused to allow an inspection of the sexually
oriented business premises as authorized by this
Chapter; 1
(4) knowingly permitted unlawful gambling by any person
on the sexually oriented business premises; 1
(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.
Sec. 10 - 159. REVOCATION. 1
(a) The City Manager may revoke a license preceded by written
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; 1
(3) a licensee or an employee has knowingly allowed
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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; 1
(5) a licensee has been convicted of an offense listed
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, 1
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
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I employees of the sexually oriented business at the
time the offenses were committed;
(7) a licensee or an employee 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); 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
11 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.
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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,
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 - 162. LOCATION OF SEXUALLY ORIENTED BUSINESSES. 1
(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; -e
(4) a public park adjacent to a residential district; 1
1:51: ::
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(7 ) Public ::iba es
(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
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licensed day care center, or to the nearest boundary of an affected
public park, residential district, or residential lot.
(e) For purposes of Subsection (b) of this section, the
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
March 31, 1002' ' t e e ecti `e: date of this :: ordinance, that is in
violation of Subsections (a), (b or (c)" "of` 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 church, public or private elementary or
3ccondary school, liccn3cd day care center, or public park of :: a
use or residential d sstrict listed n subsect t n : (a of this
tion 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
11 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.
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(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
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;
(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 11
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 1
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. 1
(g) If the City Council denies the exemption, the applicant
may not re -apply for an exemption until at least 12 months have 11 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
age of 18 years. 1
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(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.
1 Sec. 10 - 165. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(a) A nude model studio shall not employ any person under the
1 age of 18 years.
(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.
11 Sec. 10 -166. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT
MOTION PICTURE THEATERS.
I (a) A person commits an offense if he or she knowingly allows
son 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.
1 (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 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.
1 (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:
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(1) Upon application for a sexually oriented business 1
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
floor area. The diagram shall also designate the
place at which the permit will be conspicuously
posted, of 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 Manager 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.
(3) No alteration in the configuration or location of a 1
manager's station may be made without the prior
approval of the City Manager or his or her
designee.
(4) It is the duty of the owners and operator of the
1
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
premises. i
(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.
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(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
J 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
11 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.
I/ (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.
1 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:
11 (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
1 (3) in a structure:
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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 1
b. where in order to participate in a class a
student must enroll at least three days in
advance of the class; and
c. where no more than one nude model is on the
premises at any one time. 1
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 1
day of , 1993.
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ATTEST:
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Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1993.) 1
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