HomeMy WebLinkAbout96-18 Adult Establishments
ORDINANCE NO. 96 -18
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
AN INTERIM ORDINANCE PLACING TEMPORARY
.
RESTRICTIONS ON THE SITING OF ADULT
ESTABLISHMENTS WITHIN ANY ZONING DISTRICT
OF THE CITY OF PRIOR LAKE
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA,
ORDAINS:
SECTION 1.
Backeround.
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/Olmstead County Planning Department "Adult Entertainment Report" dated
March 2, 1988, and "A 40- Acre Study" prepared by the S1. Paul Division of Planning
in 1987, all of which reports 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 Attorney General's Report, 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 report concludes 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;
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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 Prior Lake City Council fmds that characteristics of Prior Lake
are similar to those of the cities cited by the Reports when considering the affects of adult
uses. Based on these reports, the City Council fmds that adult uses can cause or are
associated with adverse secondary effects upon pre-existing land uses.
a) In City of Renton v. Playtime Theatres. Inc., 475 U.S. 41, 51, 106 S. Ct.
925, 931, 89 L.Ed.2d 29 (1986), the United States Supreme Court found
that a city may rely on the experiences of other cities to determine whether
certain businesses have adverse secondary effects.
b) In ILO Investments. Inc., 25 F.3d 1413, 1418 (8th Cir. 1994), the court
found that it was permissible for the City of Rochester to rely on studies
conducted in Indianapolis, St. Paul and Phoenix.
1.04. The Prior Lake City Council fmds, based upon the Reports and the
studies cited therein, that adult uses may result in secondary effects upon certain
preexisting 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.
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1.06. The Prior Lake City Council is concerned that the City's zoning
ordinance is inadequate in its scope and in its restrictions to protect against the potential
adverse secondary effects documented to result from adult uses.
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. There is a need for a study to be conducted so that the City can
determine and adopt land use zoning regulations pertaining to adult establishment uses.
Such a study will address the land use and zoning issues, including those referenced
above.
1.09. There is a need for an interim ordinance to be adopted for the
purpose of protecting the integrity of the planning process, protecting 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 until such a study has
been completed. There is a need to restrict such uses until such a study has been
completed and any modifications to the City's zoning and land use regulations are
accomplished.
1.10. The City Council has directed that such a study be undertaken.
1.11. Minnesota Statutes, Section 462.355, Subdivision 4 permits the
adoption of interim zoning ordinances during the study and planning process.
SECTION 2.
Dermitions.
2.01. Adult Establishments. An adult establishment is any establishment
in which an adult use compromises more than ten percent (10%) of the floor area of the
establishment in which it is located or which compromises more than twenty percent
(20 %) 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:
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a)
Adult Use - Body Painting Studio: An establishment or business
which provides the service of applying paints or other substance,
whether transparent or non-transparent, 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 tapes, 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 presentation, display, depiction, or description
of "specified sexual activities" or "specified anatomical areas. "
c)
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 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 services are distinguished and characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas. "
t)
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. "
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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 fifty (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 the 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 (5) or
fewer persons per machine at anyone 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. "
1)
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 a
prevailing practice excludes minors by reason of age or if such
material is distinguished or characterized by an emphasis on
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" specified sexual activities" or " specified anatomical areas" for
observation by patrons therein.
m) Adult Use - Novelty Business: A business which has as a principal
activity the sale of devised which stimulate human genitals or devises
which are designed for sexual stimulation.
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 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 roomlbathhouse facility is
distinguished and characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas. "
0) 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 roomlbathhouse is
distinguished and characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas. "
2.03. Specified Anatomical Area.
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 discemable 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 or 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,
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coprophilia, cunnilingus, fellation, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or
b) Clearly depicted human genitals in the sate 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 inI activities involving the flagellation, torture,
fettering, binding, or other physical restraint of any such persons; or
t) Erotic or lewd touching, fondling, or other sexually oriented contact
with an animal by a human being; or
g) Human excretion, urination, masturbation, vaginal or anal irrigation.
SECTION 3.
Need for a Moratorium and Study.
3.01. Upon completion of a study to be prepared by City staff, the matter
is to be considered by the Planning Commission for its review and recommendation to
the City Council.
3.02. A limited moratorium on the development or location of adult
establishments is adopted pending completion of a planning study and the adoption of
appropriate amendments to the City's zoning ordinance. During the term of this
moratorium, no adult establishment shall be allowed to be established except in the A-1,
Agricultural District. Any adult establishment so created shall be located on a separate
lot having a minimum area of 40 acres and a minimum width of 500 feet.
SECTION 4.
Enforcement.
The City may enforce any provision of this ordinance by mandamus, injunction,
or any other appropriate civil remedy in any court of competent jurisdiction.
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SECTION 5.
Separability.
Every section, provision, or part of this ordinance is declared separable from every
section, provision, or part of this ordinance. If any section, provision, or part of this
ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision, or part of this ordinance.
SECTION 6.
Duration.
This ordinance shall remain in effect for one year from the date of its effective
date or until such earlier time as said ordinance shall be revoked or otherwise amended.
SECTION 7. Effective Date. This ordinance shall take effect the day after
the date of its publication.
ADOPTED this Is+h day of J~
City of Prior Lake.
, 1996, by the City Council of the
CITY OF PRIOR LAKE
BY:~_~ "_ ~.L,~
ydia Andren, Mayor
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