Ch6.§6-1 · City of Nowthen public records

A. The City Council finds it necessary to provide for the regulation of businesses or commercial enterprises which operate as massage parlors, saunas, rap parlors, conversation parlors, adult sensitivity groups, adult encounter groups, escort services, dancing services, hostess services, and similar adult oriented services operating under different names in order to protect the public health, safety, and welfare, and to guard against the inception and transmission of disease. B. The City Council further finds that commercial enterprises such as the type described herein, and all other similar establishments whose services include sessions offered to adults, 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 morals of the community by being sites of acts of prostitution, illicit sex, and occurrences of violent crimes, thus requiring close inspection, licensing and regulation. C. The City Council finds that control and regulation of commercial enterprises of these types, in view of the abuses often perpetrated, require intensive police and public contracting with the City to provide such services. As a consequence, the concentrated use of such services in such control detracts from and reduces the level of services available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals, and safety of the community. The City Board finds that the regulations of this Ordinance will protect property values, eliminate or reduce blight, prevent deterioration of neighborhoods, prevent the exodus of residents and businesses from City neighborhoods, and prevent the increase of crime and juvenile delinquency. (Ord. #9, adopted February 13, 1996)   6-6-2: DEFINITIONS: The following words and terms, wherever they occur in this Section shall be construed as herein defined. Words not defined shall be interpreted in accordance with definitions in any standard dictionary. Adult Uses: Adult uses include adult bookstores, adult motion picture theaters, Adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" (as such terms and phrases are defined below) which are capable of being seen by members of the public: ## Specified Anatomical Areas: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and, B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. ## Specified Sexual Activities: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexually relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or, B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or, C. Use of human or animal ejaculation, sodomy, oral copulation coitus, or masturbation; or, D. Fondling or touching of nude human genitals, public region, buttocks, or female breast; or, E. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in   activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, F. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being, or, G. Human excretion, urination, menstruation, vaginal or anal irrigation. Adult Uses - Accessory: A use, business, or establishment having 10 percent or less of its stock in trade or floor area allocated to, or 20 percent or less of its gross receipts derived from movie rentals, magazine sales, or sales of other merchandise, in which there is an emphasis on "specified sexual activities" or "specified anatomical areas." Adult Uses - Principal: A use, business, or establishment having 10 percent of its stock in trade or floor area allocated to, or more than 20 percent of its gross receipts derived from, any adult use. Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas." Adult Use - Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason or age and if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult Use - Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." Adult Use - Companionship Establishment: A companionship establishment, which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment, and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult Use - Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age and which provides the service of engaging in or listening to   conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult Use - Health/Sport Club: A health sport club which excludes minors by reason of age and if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material in presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas." Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult Use - Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material is such building or portion of a building as a prevailing practice excludes minors by virtue of age and if such material is distinguished or characterized by en emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." Adult Use - Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as prevailing practice excludes minors by virtue of age and if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.   Adult Use - Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. Adult Use - Sauna: A sauna which excludes minors by reason of age and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult Use - Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Church: A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses. School: A public school as defined in Minnesota Statues, Section 120.05 or a non-public school or a nonsectarian non-public school as defined in Minnesota Statutes, Section 123.932. Youth Facility: A public playground, park, public swimming pool, public Library or licensed day care facility. (Ord. #9, adopted February 13, 1996) 6-6-3: ADULT USES: A. Purpose. 1\. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries, or parks. 2\. Furthermore, the nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. 3\. Special regulation of adult uses is necessary to ensure that the adverse secondary effects do not contribute or enhance criminal activity in the area   of such uses nor contribute to the blighting or downgrading of the surrounding property and lessening of its value. B. General. Adult uses as defined in this Section shall be subject to the following general provisions: 1\. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. 2\. Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consumer alcoholic beverages. 3\. An adult use which does not qualify as an accessory use pursuant to Section 6-6-3.D of this Section shall be classified as an adult use- principal. C. Adult Use - Principal: 1\. Adult use-principal shall be located at least one thousand (1,000) feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located, from the property line of: a. A licensed day care center. b. A public or private educational facility classified as a preschool, or an elementary, junior high or senior high school. C. A public library. d. A public park. e. Another adult use-principal. f. An on-sale liquor establishment. g. Any church, or church related facility or organization. 2\. Adult Use - Principal shall be located at least five hundred (500) feet, as measured in a straight line, from a residential home. 3\. Adult use -principal activities, as defined by this Section, shall be classified as one (1) use. No two (2) adult uses-principal shall be located in the same building or upon the same property and each use shall be subject to this Section.   ### 4. Adult use-principal shall adhere to the following signing regulations: a. Sign messages shall be generic, not graphic in nature and shall only identify the type of business which is being conducted. b. Sign messages shall not contain material classified as advertising. C. Signs shall comply with the requirements of size and number for the district in which they are located. 5\. Adult use-principal shall be limited to 7:00 a.m. to 12;00 p.m. for its hours of operation. A differing time schedule may be approved by the City Council if it can be satisfactorily demonstrated by the operator to the City that extended operation hours: a. Will not adversely impact or affect uses or activities within one thousand (1,000) feet. b. Will not result in increased policing and related service calls. C. Are critical to the operation of the business. D. Adult Uses - Accessory: 1\. Adult Use - Accessory shall: a. Comprise no more than ten (10%) percent of the floor area of the establishment in which it is located. b. Comprise no more than twenty (20%) percent of the gross receipts of the entire business operation. C. Not involve or include any activity except the sale or rental of merchandise. 2\. Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: a. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the person responsible for the operation of the business. b. Magazines. Publications classified or qualifying as adult use shall not be physically accessible to minors and shall be covered with a   wrapper or other means to prevent display of any material other than the publication title. C. Other use. Adult Uses-Accessory not specifically cited shall comply with the intent of this Section, subject to the approval of the City Council. 3\. Adult Use-Accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. (Ord. #9, adopted February 13, 1996)

Ch.6 § 6-1

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