|Ordinance No. 33-1
AN ORDINANCE REGULATING THE SITING OF ADULT
ESTABLISHMENTS WITHIN THE CITY OF MAZEPPA
Section 1. Background.
1.01 The State Attorney General has prepared a report entitled “Report of the Attorney General’s Working Group on Regulation of Sexually Oriented Businesses”, dated June 6, 1989, prepared by Hubert H. Humphrey, III, Attorney General of the State of Minnesota. Other reports include the Olmsted County Planning Department “Adult Entertainment Report” dated March 2, 1988, “A 40-Acre Study” prepared by the St. Paul Division of Planning in 1987, a City of Ramsey Adult Uses Planning Report, and “The Impact of Pornography: A Decade of Literature”, prepared for the Department of Justice Canada, all of which are hereafter collectively referred to as “Reports”. The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses.
1.02 The Reports, based upon the above referenced studies and the testimony presented to it has concluded “that sexually oriented businesses are associated with high crime rates and depression of property values”. In addition, the Attorney General’s Working Group”…heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property.” The Reports conclude that:
a. Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses;
b. Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership;
c. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases;
d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior;
e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses;
f. Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses;
g. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and
h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store.
1.03 The City Council finds the characteristics of Mazeppa are similar to those of the cities cited by the Reports when considering the effects of adult uses.
1.04 The City Council finds, based upon the Reports and the studies citied therein, that adult uses will have secondary effects upon certain pre-existing land uses within the City.
1.05 The City’s zoning ordinance does not address such adult uses which have been found by other municipalities to cause similar adverse secondary effects.
1.06 The City Council is concerned that the City’s zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended.
1.07 In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following:
a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses;
b. The concentration and density of such uses in the City and its neighborhoods;
c. The effect of such uses on other uses in the surrounding area.
1.08 A study has been conducted by the Mazeppa City Administrator so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. The study addressed land use and zoning issues, including those referenced above.
1.09 There is a need for an ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City’s comprehensive plan and zoning ordinance. There is a need to reasonably restrict such uses to carry out the goals set forth above.
Section 2. Definitions.
2.01 Adult Establishments. An adult establishment is any establishment in which an adult use comprises more than 5 percent of the floor area of the establishment in which it is located or which comprises more than 10 percent of the gross receipts of the entire business operation.
2.02 Adult Use. An adult use is any of the activities and businesses described below:
a. 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 the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas.”
b. 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, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
c. Adult Use – Cabaret: A building or portion of a building 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 and characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.
d. 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 and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
e. Adult Use – Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
f. Adult Use – Health/Sport Club: A health/sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
g. Adult Use – Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is
distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.
h. 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 and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
i. 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 if such material is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.
j. 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.
k. 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 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 and characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.
l. Adult Use – Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
m. Adult Use – Novelty Business: A business involving the sale of novelties or devices which either simulate human genitals or are designed for sexual stimulation, or devices or novelties depicting “specified sexual activities” or “specified anatomical areas”.
n. 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”.
o. 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 and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
2.03 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 discernibly turgid state, even if completely and opaquely covered.
2.04 Specified Sexual Activities:
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, 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 sexual 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, pubic region, buttocks, or female breast(s); 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.
Section 3. License Required.
3.01 No person shall directly or indirectly deal in, sell, or keep for sale, or develop or locate in the City any Adult Establishment without a license to do so as provided in this ordinance.
3.02 Every application for a license to engage in Adult Establishment activities or to develop or locate in the City an Adult establishment shall state the name of the applicant, his age, representations as to his character, with such references as the council may require, his citizenship, the business in connection with which the proposed license will operate and its location, whether the applicant is an owner or operator of the business, how long he has been in that business at that place, and such other information as the council may require from time to time. The application shall be in the form prescribed by the City Clerk and shall be filed with the City Clerk.
3.03 On an initial application for an Adult establishment license, the City shall conduct a background and financial investigation of the applicant. The applicant shall sign any form prescribed by the Minnesota Bureau of Criminal Apprehension or any other law enforcement agency necessary to complete the background check. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the City Council that issuance would not be in the public interest.
3.04 Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without City Council approval is a ground for revocation of the license.
3.05 The annual fee for an Adult Establishment is $1,000.00. Each application for a license shall be accompanied by a receipt from the City Clerk for payment in full of the license fee. All fees shall be paid into the general fund. If an application for a license is rejected, the City Clerk shall refund the amount paid as the license fee, less any costs incurred by the City in investigating and processing the license application.
3.06 No license shall be granted to any person made ineligible for such a license by state law.
Section 4. Places Ineligible for a License.
4.01 Delinquent Taxes and Charges. No license shall be granted for operation of an Adult Establishment on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid, nor shall any license be granted to any person who is delinquent in payment to the City for taxes, assessments, or other financial claims owing to the City.
4.02 Distance from School, Church, etc. No Adult Establishment shall be located less than 1000 feet from the edge of the lot on which there is an existing or future planned residential structure, public or private day care, school, library, park, religious institution, playground, youth facility, other Adult Establishment, or other public recreational facility.
4.03 Industrial Zone. No Adult Establishment shall be located in any zone within the City other than Mazeppa’s Industrial Zone pursuant to Mazeppa Planning and Zoning Code.
4.04 No Alcohol Allowed. No licensee shall sell, serve, or otherwise provide alcoholic beverages on the premises which are used as an Adult Establishment.
Section 5. Conditions of License.
5.01 All outdoor signage shall conform to the Mazeppa Planning and Zoning Code.
5.02 No Adult Establishment shall be open for business between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; or after 1:00 a.m. on Sundays.
Section 6: Violations and Enforcement. A violation of this ordinance shall be a misdemeanor. Each day of violation shall constitute a separate offense. The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil or criminal remedy in any court of competent jurisdiction.