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HomeMy WebLinkAboutOrd. 222 - Adult Use Businesses CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 222 AN ORDINANCE REGULATING THE LOCA nON AND OPERATION OF ADULT USE BUSINESSES IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Section 1. Purpose and Intent It is the purpose of this ordinance to regulate adult use businesses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: 1. Prevent additional criminal activity within the City of Andover. 2. Prevent deterioration of neighborhoods and its consequent adverse effect in real estate values of properties with the neighborhood, 3, To locate adult use businesses within certain areas of the City. 4. Prevent concentratiol1'ofadult use. businesses within certain areas of the City. The provisions of this ordinance 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 ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Section 2. Definitions. Adult Use/Adult Use Business Any of the businesses and activities (offering services, entertainment, or the sale of merchandise) described in this definition constitute an "adult use" and are subject to the regulations of this ordinance. Adult Book and Media Store, An establishment having either fifteen (15) percent or more of its stock/inventory or fifteen (15) percent or more of the floor area or exceeding 1,000 square feet used for the display, sale or lease of books, magazines, films, 1 videotapes or other media which are characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas", An establishment that offers for the display, sale or lease of the foregoing matters which does not meet the definition shall still be required to display signage at the entrance of the section devoted to adult materials as provided in Section 4 of this ordinance and enclose said section so as not to be visible from the rest of the media store. Adult Cabaret. An establishments which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of "specified sexual activities" or "specified anatomical areas". Adult Hotel or MoteL A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". Adult Mini-Motion Picture Theater. (1) A theater in an enclosed building, from which minors are excluded, with a capacity for less than fifty (50) persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". (2) Any business which presents motion pictures, from which minors are excluded, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent. Adult Modeling Studio. An establishment, which excludes minors, 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 2 "specified sexual activities" or display "specified anatomical areas", while being observed, painted, painted on, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. Adult Motion Picture Arcade. Any place which excludes minors wherein coin or token 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 (5) or fewer persons per machine at anyone 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 Motion Picture Theater. A theater in an enclosed building, from which minors are excluded, with a capacity of fifty (50) or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. Adult Novelty Business. A business, from which minors are excluded, which sells, offers to sell, or displays devices which stimulate human genitals or devices which are designed for sexual stimulation, Minor. Any person under the age of eighteen (18) years. Specified Anatomical Areas. Specified anatomical areas are any of the following conditions: (1) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock; and (c) female breasts below a point immediately above the top of the areola; and 3 (2) Human male genitals in a discernibly turgid state, even if opaquely covered. Specified Sexual Activities. Specified sexual activities are any of the following conditions: (1) (2) (3) (4) Section 3. An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between human beings and an animal. Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed. Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ. Physical contact or simulated physical contact with the clothed or unclothed public areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification; Application of Ordinanc~ No adult use business shall engage in any activity or conductor permit any other person to engage in any activity or conduct in or about the adult use business which is prohibited by any ordinance of the City of Andover, the laws of the State of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinance prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. Section 4. General Provisions. Adult uses and adult use businesses shall be permitted subject to the following requirements: Hours of Operation No adult use business shall be open to the public from the hours of 11 :00 p.m. to 8:00 a.m, 4 Location 1. An adult use shall not be located within five hundred (500) feet measured in a straight line from the building or edge of leased building space to the property line of any residential zoning district (R-1, R-2, R-3, R-4, R-5) or multiple dwelling zoning district (M-1 and M-2) boundary or property, or in a Planned Unit Development which is or projected to be residential. 2. An adult use shall not be allowed within one thousand (1,000) feet measured in a straight line from the building edge of leased building space to another existing adult use. 3. An adult use shall not be located within one thousand (1,000) feet measured in a straight line from the buildings to the property line of any existing school, place of worship, hospitals, libraries, day care facilities or park land. Operation 1. No adult use shall be conducted in any manner that permits the observation from any property not approved as an adult use of any materials depicting, describing or relating to "specified sexual activities" or specified anatomical.areas" by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means. 2. All entrances. to the business, with the'exception,ofemergencyfireexits which are not usable by patrons to enter the business, shall be visible from a public right-of- way. 3. The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material. 4. Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior of the premises. Sale of Liquor An adult use shall not sell or dispense non-intoxicating or intoxicating liquor. Signs All adult uses shall prominently display a sign at the entrance and located within two (2) feet of the door opening device of the adult use establishment or section of the 5 establishment devoted to adult books or materials which states: "This business sells or displays material containing adult themes. No one under 18 years of age allowed." Said sign shall have letters at least 3/8" in height and no more than two (2) inches in height. Section 5. License Required. No adult use business shall be operated or maintained in the City of Andover without first obtaining a license to operate issued by the City. A license may be issued for only one adult use business located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one (1) adult use business in the City shall have a separate license for each such business. No license or interest in a license may be transferred to any person, partnership or corporation. Section 6. Application for License. Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk. The application for a license shall be upon a form provided by the City and shall include the following information: 1, Names, addresses and birth dates of applicant; 2, Proof that the applicant is at least eighteen(18) years of age; 3. Address of the adult use business to be operated by the applicant; 4. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; 5. Whether the applicant has ever been convicted of a felony involving sexual conduct, or the use or distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction in which the offense or offenses occurred. The applicant may attach any explanation he or she deems appropriate; 6. Representations as to the applicant's character; 7. Whether the applicant is the owner and operator or the business and if not who is; 8. If the applicant is a corporation, the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all share holders owning more than five (5) percent of the stock in said corporation and all officers and directors of the corporation; and 6 9. A sketch drawing or diagram (drawn to scale) showing the configuration of the premises, including a statement of total floor space occupied by the business. 10. Other such information as the City Council may request or require for time to time. Upon a completed application for a license, the City Clerk shall submit the request to the City Council for approval or denial. No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. Each licensee shall have a continuing duty to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license and failure to comply shall constitute cause for revocation or suspension of the license. Section 7. Standards for Issuing Licenses. To receive a license to operate an adult use business, an applicant must meet the following standards: 1. The applicant or his or her spouse has not been denied a similar license by any other City, County or State within the preceding twelve (12) months or has not had such alicense:revoked or suspended within the preceding twelve (12)months;. 2. All current real estate taxes have been paid on the licensed premises. 3. The licensed premises meets all the provisions of this ordinance as well as all building and fire codes, 4. The applicant or spouse has not been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by State law, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the applicant. Section 8. License Fees. Each application for a license shall be accompanied with a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund. Upon rejection of any application for a license, the City Treasurer shall refund the amount paid. 7 All licenses shall be issued for a period of one (1) year and shall expire on the last day of December each year. The fees for licenses are established by City Council resolution and shall not be prorated. The application for renewal of any existing license shall be made at least ninety (90) days prior to the date of the expiration of the license. Section 9. Display of License. The license shall be displayed in a conspicuous public place in the adult use business. Section 10. Revocation of License. The City Council shall revoke a license for any of the following reasons: 1. Discovery that false or misleading information or data was given on any initial or renewal application or material facts were omitted from any such application. 2. The operator or an employee of the operator violates any provisions of this ordinance or any rule or regulation adopted by the City Council pursuant to the ordinance, provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee the penalty shall not exceed a suspension of thirty (30) days if the City Council finds that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge. 3. The operator becomes ineligible to obtain a license. 4. Any cost or fee required to be paid by this ordinance is not paid. 5. Any non-intoxicating or intoxicating liquor is served or consumed on the premises of the adult use business. The City Council, before revoking or suspending any license, shall give the operator ten (10) days written notice of the charges against him or her, and an opportunity for a public hearing before the City Council at which time the operator may appear with or without counsel and may present such evidence and witnesses as he or she deems appropriate. The transfer of a license or any interest in a license shall automatically and immediately revoke the license. Any operator whose license is revoked shall not be eligible to receive a license for one (1) year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult use business for six (6) months from the date of revocation of the license. 8 Section 11. Responsibilities of Operator. 1. Every act or omission by an employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. 2. Any act or omission of any employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed. 3. No employee of an adult use business shall allow any minor to loiter around or to frequent an adult use business or to allow any minor to view adult entertainment. 4. The operator shall maintain the premises in a clean and sanitary manner at all times. 5. The operator shall maintain at least ten (10) foot candles oflight in the public portions or the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than one (1) foot candle of illumination in said aisles as measured from the floor. 6, All business transactions shall occur within the licensed building. 7. No employees shall have been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by State law, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee. 8. The operator shall ensure compliance of the establishment and its patrons with the provisions of this ordinance. Section 12. Exclusions. All public and private schools located within the City of Andover are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum. 9 Section 13. Severability. If any section or portion of this ordinance is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not effect the other sections or portions of this ordinance. Section 14. Enforcement. Members of the City of Andover Police/SheriffDepartment, the Fire Marshal, or designee, the Building Official or designee and the Zoning Administrator or designee, shall have the authority to enter an adult use business at reasonable times to inspect the premises for the purposes of enforcing this ordinance and all other applicable State laws. Section 15. Penalty. Any individual, partnership or corporation who is found to have violated the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this .ls1 day of April, 1997. ATTEST: CITY OF ANDOVER /, / _ tL$U:V tI~ Victoria V olk, City Clerk r '~ . ,hhK " fE. McKelvey, May 10 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 222 SUMMARY AN ORDINANCE REGULATING THE LOCATION AND OPERATION OF ADULT USE BUSINESSES IN THE CITY OF ANODVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The City finds it necessary to adopt an ordinance that regulates the location and operation of adult use businesses in the City of Andover. It is the purpose of this ordinance to regulate adult use businesses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: 1. Prevent additional criminal activity within the City. 2. Prevent deterioration of neighborhoods and its consequent adverse effect in real estate values of properties with the neighborhood. 3. Locate adult use businesses within certain areas of the City. 4. Prevent concentration of adult use businesses within certain areas of the City. 5. Define operational procedures (hours of operation, distribution and sale of liquor, appropriate signage and required licenses). The provisions of this ordinance 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 ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. GENERAL PROVISIONS AND DEFINITlQNS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement Members of the City of Andover Police/SheriffDepartment, the Fire Marshal or designee, the Building Official or designee and the Zoning Administrator or designee, shall have the authority to enter an adult use business at reasonable time to inspect the premises for the purposes of enforcing this ordinance and all other applicable State laws. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the govemingbodya..'ldshaU not be deemed a limitation or repeal of any other powersgmnted by State Statutes. Abrogation and Greate.r.Restrictions It is not intended by this ordinance to. repeal, abrogate, or,impairany existing easements; covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordina..'lce shall prevaiL All other ordinances . inconsi&tel1t with this ordinance, are hereby repealed to the 'extent ofthe.incorrsistency< only. A printed copy of this ordinance is available for inspection by.any person <luring regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the. City C01IDCilof the City of Andover on tlJis.6.th day of May , J 997. ATTEST: CITY OF ANDOVER ~tI~ Victoria V olk, City Clerk o t. ;%J(d~ ~ McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MlNNESOT A ORDINANCE NO. 222A AN ORDINANCE AMENDING ORDINANCE NO. 222 AN ORDINANCE REGULATING THE LOCA nON AND OPERA nON OF ADULT USE BUSINESSES IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 2. Definitions. Booths. Stalls or Partitioned Portions Enclosures specifically offered to persons for a fee or as an incident for the observation of dominant theme material distinguished or characterized bv an emphasis on matter depicting, describing. or relating to "specified sexual activities" or "specified anatomical areas". This definition does not include private offices that are utilized by the employees. These offices shall not be open to the general public other than emplovees. Doors, Curtains or Portal Partitions FulL complete. non-transparent closure devices through which one cannot see or view activity taking place within the enclosure. Health Officer The Health Officer of the City of Andover. Section 4. General Provisions. Building Standards No commercial building. structure. premises or part thereof. or facilities therein. shall be constructed. used. designed or operated for the purpose of persons to engage in "specified sexual activities". Booths. stalls. or partitioned portions of a room or individual rooms used for the viewing of adult media or other forms of entertainment. having doors, curtains or portal partitions. unless such booths. stalls. partitioned portions of a room. or individual rooms so used shall have at least one (I) side wall open to an adiacent public room or area. Such booth. 1 stall or room shall be illuminated in a manner that the persons in the areas used for viewing the adult media or other forms of entertainment are visible from adiacent public rooms. but such lighting shall be of such intensity as to prevent the viewing of the offered entertainment. The above building standards shall not applv to buildings. structures and premises which are 1awfullv operating as hotels. motels. apartment complexes. condominiwns or rooming houses. Section 14. Enforcement. Members of the City of Andover Po1ice/SheriffDepartment, the Fire Marshal, or designee, the Health Official. the Building Official or designee and the Zoning Administrator or designee, shall have the authority to enter an adult use business at reasonable times to inspect the premises for the purposes of enforcing this ordinance and all other applicable State laws. All other portions of this ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 16th day offebru~"V, 1999. ATTEST: CITY OF ANDOVER U;u1/4 Victoria V olk, City Clerk . (me- 2