1f Sexually Oriented Bus. Ord. CITY OF
7700 Market Boulevard
PO Box 147
Charq;assen MN 55317
Administration
Pr'one: 9522271100
Fax: 9522271110
Building Inspections
Phone: 952.227 1180
Fax: 952 227 1190
Engineering
Phone 9522271160
Fax 9522271170
Finance
Pher'e 9522271140
Fax: 9522271110
Park & Recreation
Phone: 9522271120
Fax: 952 2271110
Recreaiion Center
23!0 Coulter Boulevard
Phone 952227 1400
Fax 952227 1404
Planning&
Natural Resources
Phone: 952 227 1130
Fax: 95222711]0
Public Works
1591 Park Road
Phone: 9522271300
Fax: 9522271310
Senior Cenler
Phone: 952 2271125
Fax: 9522271110
Web Site
cnar!hassen mn us
MEMORANDUM
TO:
Todd Gerhardt, City Manger
FROM:
DATE:
SUB J:
Bob Generous, Senior Planner
May 10, 2004 ~%
Adoption of Ordinance, Chapter 10, Chanhassen City Code,
Sexually Oriented Businesses; Approval of Summary Ordinance
for Publication Purposes
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment; however, a 4/5ths vote is required for approval of the summary
ordinance for publication purposes.
BACKGROUND
The City Attorney's office has revised the sexually oriented business license
section of the City Code. This amendment is necessary to address
inconsistencies in recent federal appellate court decisions and the failure of the
U.S. Supreme Court to address these inconsistencies or provide clearer guidance
regarding the regulation of sexually oriented businesses.
SUMMARY
Staff believes that these changes are primarily administrative, rather than
substantive, in nature and is recommending approval of the amendment.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance for
Chapter 10 of the Chanhassen City Code; and approve the summary ordinance
for publication purposes.
ATTACHMENT
1. Ordinance Amending Chapter 10, Chanhassen City Code
2. Summary Ordinance
g:\plan\bg\city codeXcc memo ch 10 sobs.doc
The City of Chanhassen A growing community with clean lakes, quality schools a charnqnc,. Je¢,.,r.tc.w,q 'hriv qq~ businesses winding i~ais and L;eaL kii parks ,,-,' g, rsa . a,.,k. ~-v,,3rk and piay
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE DEFINING, LICENSING, AND
REGULATING SEXUALLY ORIENTED BUSINESS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. Chapter 10, Article VI, of the Chanhassen City Code is hereby amended in its entirety to read as follows:
ARTICLE VI. SEXUALLY ORIENTED BUSINESSES
Sec. 10-160. PURPOSE AND INTENT.
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general
welfare of the citizens of the City, to guard against the inception and transmission of disease, and to establish reasonable and
uniform regulations. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor
effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or
to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
The City Council further finds that experience from other cities demonstrates that sexually oriented businesses conducted in
private by members of the same or the opposite sex, and employing personnel with no specialized training, are susceptible
to operation in a manner contravening, subverting or endangering the health, safety and welfare of members of the
community by being the sites of acts of prostitution, illicit sex, and occasions of violent crimes, thus requiring close
inspection, licensing, and regulation.
Sec. 10-161. CLASSIFICATION. The following are classified as sexually oriented businesses:
A. adult arcades;
B. adult bookstores, adult video stores, adult stores;
C. adult cabarets;
D. adult conversation/rap parlors;
E. adult massage parlors;
F. adult motels;
G. adult motion picture theaters;
H. adult saunas;
I. adult theaters;
J. escort agencies;
K. nude model studios; and
L. sexual encounter centers.
Sec. 10-162. LICENSE REQUIRED.
Prohibition. It is unlawful for any person to operate a sexually oriented business without a valid sexually oriented business
license issued by the City for the particular type of business.
B. Application Form. An application for a sexually oriented business license must be made on a tbrm provided by the City.
Required Information. An application shall be considered complete if it includes the information required in this Section.
The applicant shall be qualified according to the provisions of this article. The application shall be notarized. The
application shall include the information called for in subsections (1) through (6), and where applicable, subsection (7), as
follows:
1. The full true name and any other names used in the preceding five (5) years.
2. The current business address.
Either a set of fingerprints suitable for conducting necessary background checks pursuant to this article, or the
applicant's Social Security Number, to be used for the same purpose.
The name, business location, legal description, business mailing address and phone number of the proposed
sexually oriented business.
Written proof of age, in the tbrm of either (i) a copy of a birth certificate and current photo (ii) a current driver's
license with picture, or (iii) other picture identification document issued by a governmental agency.
The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually
oriented business, and whether any such license or permit has been denied, revoked, or suspended, and if so, the
reason or reasons therefore.
7. The name and address of the statutory agent or other agent authorized to receive service of process.
The information provided pursuant to subsections (1) through (7) shall be supplemented in writing by certified mail, return
receipt requested, to the City Clerk within ten (10) working days of a change of circumstances which would render the
information originally submitted false or incomplete.
Diagram of Premises. The application for a sexually oriented business license must be accompanied by a sketch or diagram
showing the configuration of the premises, including a statement of total floor 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 10-176
of this article shall submit a diagram meeting the requirements of that Section.
Inspections. The applicant must be qualified according to the provisions of this article and the premises must be inspected
and found to be in compliance with the law by the fire department and building official.
Execution of Application. If a person who wishes to operate a sexually oriented business is an individual, the individual
must sign the application tbr a license as applicant. If a person who wishes to operate a sexually oriented business is other
than an individual, each individual who has a 10 percent or greater interest in the business, and each officer, director,
general partner, or other person who will participate directly in decisions relating to management of the business must sign
the application for a license as applicant. Each applicant must be qualified under Section 10-164 and each applicant shall be
considered a licensee if a license is granted.
No Exemption. A person who possesses a valid business license is not exempt from the requirement of obtaining any
required sexually oriented business license. A person who operates a sexually oriented business and possesses a business
license shall comply with the requirements and provisions of this article, where applicable.
Sec. 10-163. ISSUANCE OF LICENSE.
Temporary License. Upon the filing of a completed application for a sexually oriented business license, the City shall issue
a Temporary License to the applicant, which Temporary License shall expire upon the final decision of the City to deny or
grant the license.
104448 2
Approval of License. Within thirty (30) days after the receipt of a completed application, the City Manager or the City
Manager's desginee shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The
City shall approve the issuance of a license unless one or more of the following is found to be true:
1. An applicant is under 18 years of age.
2. An applicant is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed against him or her
or imposed upon him or her in relation to a sexually oriented business.
3. An applicant has failed to provide information required under Section 10-163 or which is necessary for issuance of
the license or has falsely answered a question or request for information on the application form.
4. An applicant has been convicted of a violation of a provision of this article within two years immediately
preceding the application. The fact that a conviction is being appealed shall have no effect.
5. The premises to be used for the sexually oriented business has not been approved by the fire department and the
building official as being in compliance with applicable laws and ordinances.
6. The license fee required by this article has not been paid.
7. An applicant or the proposed establishment is in violation of or is not in compliance with this article.
8. An applicant has been convicted of a crime:
a. involving any of the following offenses:
(1) prostitution as described in Minn. Stat. § 609.321;
(2) solicitation, inducement of promotion of prostitution as described in Minn. Stat. § 609.322;
(3) receiving profit derived from prostitution as described in Minn.
Stat. § 609.323;
(4) other prohibited acts relating to prostitution as described in Minn. Stat. § 609.324;
(5) obscenity as described in Minn. Stat. § 617.241;
(6) sale, dissemination, distribution, display or exhibition of harmful materials to minors as
described in Minn. Stat. §§ 617.293 and 617.294;
(7) sexual performance by a child as described in Minn. Stat. § 617.246;
(8) dissemination or possession of child pornography as described in Minn. Stat. § 617.247;
(9) indecent exposure as described in Minn. Stat. § 617.23;
(10) criminal sexual conduct as described in Minn. Stat. §§ 609.342, 609.343,609.344, and 609.345;
(11) incest, as described in Minn. Stat. § 609.365; or
(12) criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses:
b. ibr which:
(1) less than two years have elapsed since the date of conviction or the date of release from
confinement imposed for the conviction, whichever is the later date, if the conviction is of a
misdemeanor offense;
104448 3
(2)
less than five years have elapsed since the date of conviction or the date of release from
confinement for the conviction, whichever is the later date, if the conviction is of a felony
offense; or
(3)
less than five years have elapsed since the date of the last conviction or the date of release from
confinement for the last conviction, whichever is the later date, if the convictions are of two or
more misdemeanor offenses or combination of misdemeanor offenses occurring within any
24-month period.
9. The proposed sexually oriented business would or does not comply with the City's zoning article.
Conviction. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. For
purposes of this Section, "conviction":
1. means a conviction or a guilty plea; and
includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the
conviction for a crime designated under this Section, a management responsibility or a controlling interest.
Time Periods. An applicant who has been convicted of an offense listed in Section 10-164(b)(8)(a) may qualify for a
sexually oriented business license only when the time period required by Section 10-164(b)(8)(b) has elapsed.
License Information and Posting. The license, if granted, shall state the name of the person or persons to whom it is
granted, the expiration date and the address of the sexually oriented business. The license shall be posted in a conspicuous
place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
Sec. 10-164. LICENSE FEES; LICENSE INVESTIGATION FEES.
The annual fee for a sexually oriented business license shall be set by the City Council. The investigation fee for the purpose of
issuing a license shall be set by the City Council. In the event that the license is denied upon application, the license fee shall be
refunded; however, no part of the license investigation fee shall be returned to the applicant. No part of the annual license fee shall
be refunded if the license is suspended or revoked.
Sec. 10-165. INSPECTION.
Inspection Required. An applicant, operator, or licensee shall permit law enlbrcement officers and any other federal, state,
county or city agency in the performance of any function connected with the enforcement of this article, normally and
arguably conducted by such agencies to inspect the premises of a sexually oriented business for the purpose of insuring
compliance with the law, at any time it is occupied or open for business.
Refusal. A person who operates a sexually oriented business or their agent or employee commits an offense if the person
refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied
or open for business.
Exception. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a
customer for use as a permanent or temporary habitation.
Sec. 10-166. EXPIRATION OF LICENSE.
Period of License and Renewal. Each renewal license shall be issued for a maximum period of one (1) year. All licenses
expire on June 30 of each year. Each license may be renewed only by making application as provided in Section 10-163.
Application for renewal should be made at least 30 days before the expiration date. If the Council determines good and
sufficient cause is shown by the Applicant for failure to file a timely renewal application, the Council may, if other
provisions of this article are complied with, grant the application.
Denial of License Renewal. If the City denies renewal of a license, the applicant shall not be issued a license for one year
from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been
corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became
final.
104448 4
Sec. 10-167. SUSPENSION.
The City Manager may suspend a license for a period not to exceed thirty (30) days following written notice and an opportunity to be
heard if the City Manager determines that a licensee or an employee of a license has:
A. violated or is not in compliance with this article;
B. refused to allow an inspection of the sexually oriented business premises as authorized by this article;
C. knowingly permitted unlawful gambling by any person on the sexually oriented business premises;
Sec. 10-168. REVOCATION.
Intent to Revoke. The City Manager shall issue a written statement of intent to revoke a sexually oriented business license
if a cause of suspension in Section 10-168 occurs and the license has been suspended within the preceding 12 months.
Basis for Revocation. The City Manager shall issue a written statement of intent to revoke a sexually oriented business
license if the City Manager determines that:
1. a licensee gave false or misleading information to the City during the application process;
2. a licensee or operator has knowingly allowed possession, use, or sale of controlled substances on the premises;
3. a licensee or operator has knowingly allowed prostitution on the premises;
a licensee or operator knowingly operated the sexually oriented business during a period of time when the
licensee's license was suspended;
a licensee has been convicted of an offense listed in Section 10-164(b)(8)(a) for which the time period required in
Section 10-164(b)(8)(b) has not elapsed;
on two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on
the licensed premises of a crime listed in Section 10-164(b)(8)(a), for which a conviction has been obtained, and
the person or persons were employees of the sexually oriented business at the time the offenses were committed;
a licensee or operator has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the meaning as it is
defined in Minn. Stat. § 609.341, Subd. Il(b). This subsection shall not apply to an adult motel, unless the
licensee knowingly allowed sexual activities to occur either (i) in exchange for money, or (ii) in a public place or
with public view; or
a licensee is delinquent in payment to the City for ad valorem taxes, local lodging tax, or other taxes or fees related
to the sexually oriented business.
C. Appeal of Conviction. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
Exception. Subsection (B)(7) of this Section does not apply to adult motels as a ground for revoking the license unless the
licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in a public place or within public view.
Provisional License. When, after the notice and hearing procedure described in Sec. 10-170, the City revokes a license, the
revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year
from the date revocation became effective, provided that, if the conditions of Section 10-170(E) are met, a Provisional
License shall be granted pursuant to that Section. If, subsequent to revocation, the City finds that the basis for the
revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the
date the revocation became effective. If the license was revoked under Subsection (B)(7), an applicant may not be granted
another license until the appropriate number of years required under Section 10-164(b)(8)(b) have elapsed.
Sec. 10-169. HEARING; LICENSE DENIAL, SUSPENSION, REVOCATION; APPEAL.
104448 5
Notification. If the City Manager determines that facts exist for denial, suspension, or revocation of a license under this
article, the City Manager shall notify the applicant or licensee ("respondent") in writing of the intent to deny, suspend, or
revoke the license, including the grounds therefore, by personal delivery or by certified mail. The notification shall be
directed to the most current business address on file with the City. Within five (5) working days of receipt of such notice,
the respondent may provide to the City Manager, in writing, a response that shall include a statement of reasons why the
license or permit should not be denied, suspended, or revoked. Within three (3) days of the receipt of respondent's written
response, the City Manager shall notify respondent in writing of the hearing date on respondent's denial, suspension, or
revocation proceeding.
Appeal and Hearing. Within ten (10) working days of the receipt of respondent's written response, the City shall conduct a
hearing on respondent's appeal of the City Manager's decision. The City Council may appoint a committee of the Council
or an independent hearing officer to hear the matter, report findings of fact and a recommendation for disposition to the
Council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and
be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Council shall
make a final decision. If a response is not received by the City in the time stated or, if after the hearing, the City finds that
grounds as specified in this article exist for denial, suspension, or revocation, then such denial suspension, or revocation
shall become final five (5) days after the City sends, by certified mail, written notice that the license has been denied,
suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such
decision to a court of competent jurisdiction.
If the City Council finds that no grounds exist for denial, suspension, or revocation of a license, then within five (5) days
after the hearing, the City Manager shall withdraw the intent to deny, suspend, or revoke the license, and shall so notify the
respondent in writing by certified mail of such action and shall contemporaneously issue the license.
Judicial Review. Any decision of the City Council shall be a final appealable order and the applicant or licensee
("aggrieved party") may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
Stay of Decision. The filing of an appeal stays the action and decision of the City Council requiring, denying, suspending
or revoking a license until 60 days after a final decision by the City Council, to provide the aggrieved party sufficient time
to appeal the City Council's decision to a court of competent jurisdiction. If the aggrieved party appeals the City Council's
decision within the 60 days provided, the stay shall be extended until a final judicial decision is rendered in the matter.
Provisional License. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City's
enforcement of the denial, suspension, revocation, or licensure requirement, the City shall immediately issue the aggrieved
party a Provisional License. The Provisional License shall allow the aggrieved party to continue operation of the sexually
oriented business or to continue employment as a sexually oriented employee, as the case may be, and will expire upon the
court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or otherwise enjoin the City's
enforcement.
Additional Requirements. The City Council may condition denial, suspension, revocation, or non-renewal of a license upon
appropriate terms and conditions.
Sec. 10-170. TRANSFER OF LICENSE.
A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the application.
Sec. 10-171. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
A. An escort agency shall not employ any person under the age of 18 years.
A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18
years.
Sec. 10-172. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
A. A nude model studio shall not employ any person under the age of 18 years.
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.
104448 6
Sec. 10-173. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION PICTURE
THEATERS.
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.
It is a defense to prosecution under Subsection (A) of this section if the person under 18 years was in a restroom not open to
public view or persons of the opposite sex.
Sec. 10-174. ADDITIONAL REGULATIONS FOR ADULT MOTELS.
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or
more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult
motel as that term is defined in this article.
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial
establishment that does not have a sexually oriented business license, he or she rents or subrents a sleeping room to a person
and, within 10 hours from the time the room is rented, he or she rents or subrents the same sleeping room again.
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. 10-175. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS, OR LIVE
ENTERTAINMENT IN VIEWING ROOMS.
Requirements. A person who operates or causes to be operated a sexually oriented business, other than an adult motel,
which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, live
entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall
comply with the following requirements:
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 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 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.
No alteration in the configuration or location of a manager's station may be made without the prior approval of the
City or its designee.
It is the duty of the owners and operator of the premises to ensure that at least one licensed employee is on duty
and situated in each manager's station at all times that any patron is present inside the premises.
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.
104448 7
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in
the premises to ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure
that no patron is permitted access to any area of the premises which has been designated as an area in which
patrons will not be permitted in the application filed pursuant to subsection (1) of this section.
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 (l.0) foot-candle as measured at the floor
level.
It shall be the duty of the licensee, owners and operator and it shall also be the duty of any agents and employees
present in the premises to ensure that the illumination described above, is maintained at all times that any patron is
present in the premises.
9. No viewing room may be occupied by more than one (1) person at any time.
10.
No licensee shall allow openings of any kind to exist between viewing rooms or
booths.
11. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
12.
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine
if any openings or holes exist and shall cover or repair all openings or holes with 24 hours.
13.
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no
rugs or carpeting.
14.
The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed ol; or
permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other
porous material shall be used within forty-eight (48) inches of the floor.
Misdemeanor. A person having a duty under subsections (1) through (14) of subsection (A) above commits a misdemeanor
if the person knowingly fails to fulfill that duty.
Sec. 10-176. GENERAL RESTRICTIONS FOR CONDUCT WITHIN A SEXUALLY ORIENTED BUSINESS:
Distance Requirement for Live Entertainment. All performers, dancers, and persons appearing in a semi-nude condition or
providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to
specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility
where such entertainment can be seen by patrons of the licensed facility shall remain at all times a minimum distance of six
(6) feet from all patrons, customers, or spectators and shall dance or provide such entertainment on a platform intended for
that purpose, which shall be raised at least two (2) feet from the level of the floor on which patrons or spectators are located.
Interaction with Patrons. No dancer, performer, or person while semi-nude or providing live entertainment distinguished or
characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified
anatomical areas in the licensed facility or in areas adjoining the licensed facility where the entertainment can be seen by
patrons of the licensed facility shall knowingly or intentionally touch any spectator or patron or the clothing of any spectator
or patron.
Gratuity Prohibition. No customers, spectator, or patron of a licensed facility shall directly pay or give any gratuity to any
dancer or performer in a semi-nude condition and no dancer or performer in a semi-nude condition shall solicit or receive
any pay or gratuity directly from any patron or spectator.
Hours of Operation. No sexually oriented business, except for an adult motel, may remain open at any time between the
hours of one o'clock (i :00) A.M. and eight o'clock (8:00) A.M. on weekdays and Saturdays, and one o'clock (1:00) A.M.
and noon (12:00) P.M. on Sundays.
Sec. 10-177. ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY.
104448 8
It shall be a misdemeanor for a person to knowingly and intentionally, in a sexually oriented business, appear in a state of nudity or
engage in specified sexual activities.
Sec. 10-178. PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS.
No licensee, operator or employee shall knowingly allow a person under the age of eighteen (18) years on the premises of a sexually
oriented business.
Sec. 10-179. EXEMPTIONS.
It is a defense to prosecution under this article that a person appearing in a state of nudity did so in a modeling class operated:
by a proprietary school licensed by the State of Minnesota; a college, junior college, or university supported entirely or
partly by taxation;
by a private college or university which maintains and operates educational programs in which credits are transferable to a
college, junior college, or university supported entirely or partly by taxation; or
C. in a structure:
which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is
available for viewing; and
2. where in order to participate in a class a student must enroll at least three days in advance of the class; and
3. where no more than one nude model is on the premises at any one time.
Sec. 10-180. ENFORCEMENT.
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this article is
subject to a suit for injunction as well as prosecution for criminal violations. Any person violating a provision of this article, upon
conviction, is guilty of a misdemeanor. Each day a sexually oriented business so operates is a separate offense or violation.
Sec. 10-181. SEVERABILITY.
If any section, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this article. The City Council hereby declares that it would have adopted the article and each subsection,
sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid.
SECTION 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this
Minnesota.
__day of
2004, by the City Council of the City of Chanhassen,
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
2004).
104448 9
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. __., AN ORDINANCE
AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE
SEXUALLY ORIENTED BUSINESS LICENSES.
The purpose of this code amendment is to eliminate locational restrictions of such
businesses, which are included in Chapter 20 of the City Code; add Adult conversation/rap parlors
and Adult saunas as sexually oriented businesses; to specify the information that must be provided by
an applicant for a sexually oriented business license; to require other individuals closely tied to the
sexually oriented business to sign the application for licensure; to create temporary licenses; to
specify the approval or license denial timeframe; to clarify the term "conviction"; to expand
authorized business inspection personnel; to refine criteria for the suspension of a sexually oriented
business license; to require a written statement of intent to revoke a sexually oriented business
license; to specify the heating; license denial, suspension, revocation; appeal process; to specify
criteria for live entertainment in viewing rooms; to provide general restrictions for conduct within a
sexually oriented business; to prohibit individuals from appearing nude or engaging in specified
sexual activities; to prohibit a person under the age of eighteen (18) years on the premises of a
sexually oriented business; to clarify that violation of the ordinance is a misdemeanor and that each
day a sexually oriented business so operates is a separate offense or violation; and to elucidate the
severability of the ordinance.
A printed copy of Ordinance No. __ is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 22nd day of March,
2004, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on
g:\plan\bg\city code\summary ordinance sobs.doc