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HomeMy WebLinkAboutOrdinance 1215 ORDINANCE NO. 1215 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO SEXUALLY ORIENTED BUSINESSES The City of Columbia Heights does ordain: SECTION 1: The purpose and intent of this ordinance is to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City of Columbia Heights and to establish reasonable and uniform regulations to: a. Prevent additional criminal activity; b® Prevent deterioration, of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; To locate sexually oriented businesses away from residential areas, schools and churches; Prevent concentration of sexually oriented 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 comunicative materi al s, i ncl udi ng sexual ly oriented material s. Similarly, it is not the intent or 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: S5.613 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows: 5.613(1)(a) No person shall own or operate a Sexually Oriented Business without having a valid license issued by the City. 5.613(2) Any of the following activities and businesses described below are "Sexually Oriented Businesses" as defined in this Code: (a) Adult Body Painting Sudto: An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a ~atron when such body is wholly or partially nude in terms of specified anatomical areas". (b) Adult Book and Media Store: An establishment hav(ng as a substantial portion of its stock in trade or stock on display books, magazines, films, videotape or other media which are characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". (c) Adult Cabaret: An establishment 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. (d) Adult Companionship Establishment: A companionship establishment which excludes minors by reason of age, or 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". (e) Adult Establishment: .Any business which offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas". (f) Adult Entertainment Uses: Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establ i shments, adult rap/conversation parl ors, 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" which are capable of being seen'by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. (g) Adult Hotel or Motel: Adult hotel or motel means a hotel or motel room 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". (h) Adult Massage Parlor/Health Club: A massage parlor or health club which resricts 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". (i) Adult Mini-Motion Picture Theater: (i) An enclosed building with a capacity for less than 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". (ii) Any business or building which presents motion pictures, 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 actvittes" 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. (j) Adult 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 Motion Picture Arcade: Any place to which the public is permitted or invited 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 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". (1) Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or 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" for observation by patrons therein; (m) Adult Novelty Business: A business which sells, offers to sell, or displays devtces which stmulate human genttals or devices which are designed for sexual stimulation. (n) Adult Sauna: A sauna which excludes minors by reason of age, or 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". $5.613(3) For purposes of this section, the following words shall have the following meanings ascribed to them: (a) 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. (b) School: A public school as defined in Minnesota Statutes $120.05 or a nonpublic school or a nonsectarian nonpublic school as defined in Minnesota Statutes $123.932. (c) Specified Anatomical Areas: Specified anatomical areas are any of the fol lowing: (t) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock, and (c) female breast below a point tnmmdiately above the top of the areola; and (ii) Human male genitals in a discernibly turgid state, even opaquely covered. (d) Specified Sexual Activities: (i) 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, cunniltngus, fellatio, necrophilia, pederasty, pedophilia, ptquertsm, sapphtsm, zooerasty; or (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (iv) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or (v) 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 (vi) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (vii) Human excretion, urination, menstruation, vaginal or anal irrigation. 5.613(4) Every application for a license under this chapter shall be verified and filed with the City Clerk. 5.613(5) Except as specifically provided in this Code, no person may erect, convert, enlarge, reconstruct or alter, or use any land or structure for any purpose nor in any manner which is not in conformity with this chapter. 5.613(6) No Sexually Oriented Business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Columbia Heights, 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 ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to mi nors. ~.613(7) All Sexually Oriented Businesses which were lawfully in existence as of the effective date of this ordinance and which were rendered nonconforming by the application of this ordinance shall be abated within three (3) years of the date of enactment of this chapter. 5.613(8)(a) No Sexually Oriented Buslnes may be located within 200 feet of any residential zoning district boundary or less than 500 feet from any church or school, or 150 feet from any park. have access to any merchandise but not limited to books, mmaga~ other persons or materials. (b) No Sexually Oriented Business may be located within ;400 feet of another Sexually Oriented Business. 5.613(9) NO Sexually-Oriented Business shall be open to the public between the hours of 11:00 p.m. to 8:001 a.m. of the following day. 5.613(lO)(a)The premises on which a Sexually Oriented Business is located shall prevent off-site viewing of it~merchandtse by completely covering the windows and doors of its operation with an opaque covering. (b)All entrances to a Sexually Orflented Business, with the exception of emergency fire exits which are )not usable by patrons to enter the business, shall be visible from a public right-of-way. (c)The layout of the display areas of a Sexually Oriented Business shall be designed so that the management of the establishment and any law enforcement personnel Can observe all patrons while they offered for sale or viewing including tries, photographs, videotapes, or any (d)The exterior of the premises on is located shall be tlluminateC location, activities, and ident .premises. which a Sexually Oriented Business in a manner adequate to observe the try of all persons on the exterior (e)No premises on which a Sexually Oriented Business is located shall contain partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition. if)No premises on which a Sexually Oriented Business is located may have booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or any other form of entertainment, having doors, curtains or portal partitions, unless its booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or any other form of entertainment are visible from the adjacent public room. $.613(11) No Sexually Oriented Business shall display a sign containing representational depictions of an adult nature or graphic descriptions of an adult theme. 5.613(12)ia)Any license issued under this chapter is valid only for the licensed premi se s. (b)Applications for license must be made on forms provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram must be a drawing to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Once a license is granted, no change in the premises may be made without the applicant having first re-applied to the City and demonstrating that the applicant has complied with all of the this chapter. (c)The applicant must furnish all the information required to be furnished by an applicant for an intoxicating liquor license under $5.503, except the information required by $5.503(4)(c)(x), and must furnish any other information required by the City relevant to any matters addressed by this chapter. id)The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health (lepartment, fire ~epartment, and building official. 5.613(13) The City Manager shall reco~mmnd approval of the issuance of a license by the City to an applicant within forty-five (45) days after the receipt of an application unless he finds one or more of the following to be true: ia) An applicant is under 18 years of age. (b) An applicant or an applicant's spouse is overdue in his payment to the City, County or State of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a Sexually Oriented Business. (c) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (d) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a Sexually Oriented Business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (el An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Business within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Business has been revoked within the preceding 12 months. (fl The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances; such inspections shall be completed within.' thirty (30) days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the inspections shall be completed within thirty (30) days from the date the deficiency has been corrected. (gl The license fee or investigation fee required by this chapter has not been paid. (h) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a Sexually Oriented Business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. (il An applicant or applicant's spouse has been convicted of a crime involving any of the following offenses: Any sex crimes as defined by Minnesota Statutes 609.29 through 609.352 inclusive, or as defined by any ordinance or statute in conformity therewi th; Any obscenity crime as defined by Minnesota Statutes 617.23 through 617.299 inclusive, or as defined by any ordinance or statute in conformity therewith; for which: less than two years have elapsed stnce the date of cony(ct(on or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a mi sdemeanor offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whechever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any g4 month period. (J) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. (k) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection $.613(13)(i) may qualify for a Sexually Oriented Business license only when the time period required by Subsection 5.613(13)(i) has elapsed. For purposed of this section, the requirements imposed on an applicant as a prerequisite to licenses shall apply if any person with an interest in the business or premises as disclosed by S5.613(12) shall fat1 to qualify for a license. 5.613(14) The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all the information required by this ordinance. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency had been corrected. 5.613(15) The license, if granted, shall state on its face 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. 5.613(16)(a)Each license shall expire one (1) year from the date of issuance and may be renewed only by making an application as provided in this chapter. Application for renewal must be made at least sixty (60) days before the expiration date of a current license, and when made less than sixty (60) days before the expiration date of the current license, the expiration of the license will not be effected. (b)When the City denies renewal of a license, the applicant shall not be issued a license for one (1) 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 ninety (~)0) days have elapsed since the date denial became final. 5.613117) The City may suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has: (a) Violated or is not in compliance with any provisions of this chapter. (b) Engaged in excessive use of alcoholic beverages while on the Sexually Oriented Business premises. (c) Refused to allow an inspection of the Sexually Oriented Business premises as authorized by this chapter. (d) Knowingly permitted gambling by any person on the Sexually Oriented Business premises. (e) Demonstrated inability to operate or manage a Sexually Oriented Business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. (f) Any violations of the provisions of S5.101 through S5.104, inclusive. 5.613(18) The City shall revoke a license if it determines that: (a) A licensee gave false or misleading information in the material submitted to the City during the application process. (b) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises. (c) A licensee or an employee has knowingly allowed prostitution on the premises. (d) A licensee or an employee knowingly operated the Sexually Oriented Business during a period of time when the licensee's license was suspended. (e) A licensee has been convicted of an offense listed in Section 5.613(13)(i) for which the time period required in Section 5.613(13)(i) has not elapsed. (f) On two ormore occasions within a 12 month period, a person or persons conmnitted an offense occurring in or on the licensed premises of a crime listed in Section 5.$13(13)(i) 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. (g) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. (h) A licensee is delinquent in payment to the County or State for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the Sexually Oriented Business. (i) A licensee has conm~itted an act for which the City may suspend the license pursuant to 5.613(17) and that the license has been suspended within the preceding 12 months. (J) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (k) Subsection 5.613(18)(g) 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. (1) When the City revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a Sexually 'Oriented Business license for one (1) year from the date revocation became effective. 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 ninety (go) days have elapsed since the date the revocation became effective. If the license was revoked under Subsection 5.613(18)(e), an applicant may be granted another license until the appropriate number of years required under Section 5.613(13)(i) has elapsed. 5.613(19) A licensee shall not tranfer this 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. 5.613(20) Every section, provision or part of this chapter or any license issued pursuant to this chapter is declared severable from every other section, provision or part thereof to the extent that if any section, provision or part of this chapter or any license issued pursuant to this chapter shall be held invalid by a court of competent jurisdiction and shall not invalidate any other section, provision or part thereof. 5.613(21)(a)No person shall provide false information or misrepresent any fact or information under $5.613(12). (b)No person, including a licensee, owner, operator or employee, shall allow a minor to be on the licensed premises of a Sexually Oriented Business unless the minor is accompanied by the minor's current legal guardian. (c)No person, including the licensee, owner, operator or employee, shall enter a Sexually Oriented Business open to the public if the premises on which the Sexually Oriented Business is located is in violation of this chapter. (d)No person, including the licensee, owner, operator or employee, shall deny access to any building or housing official of the City or any employee of the poltce department, health department or fire department to inspect the premises of a Sexually Oriented Bustness for the purpose of insuring compliance with the law at any time that the premises are occupied or open for business. SECTION 3: Section 9.115A(2) of the City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1198, passed June 11, 1990, which currently reads as follows, to-wit: 9.115A(1) Permitted Principal Uses Within the 'I-2" Industrial District no structure or land shall be used except for one (1) or more of the uses permitted in $9.115(1) and as regulated therein. g.llSA(2) Conditional Accessory Uses Within any "I-2" Industrial District no structure or land.' shall be used for the following uses except by conditional use permit: (a) Those uses set forth in $9.115(2) and as regulated therein. (b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. (ii) The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. (iii) An open auto sales lot must comply with the provisions of S9.116(14). (iv) All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10') in width. (v) No more than fifteen (15) cars may be available for sale at any given time. (vi) All cars offered for sale must be stored within a securely fenced area. (vii) All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete. Said surface must be maintained in a condition of good repair. (viii) All land on which vehicles to be repaired, stored, stripped, or reduced shall be covered with an impermeable to water or oil surface, such as asphalt or concrete. Said surface shall be maintained in a condition of good repair. is herewith amended to read as follows, to-wit: g.llSA(2) Conditional Accessory Uses Within any 'I-2" Industrial District no structure or land shall be used for the following uses except by conditional use permit: (a) Those uses set forth in S9.115(2) and as regulated therein. (b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. (ii) The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. (iii) An open auto sales lot must comply with the provisions of §g.116(14). (iv) A1 autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10') in width. (v) No more than fifteen (lS) cars may be available for sale at any given time. (vi) All cars offered for sale must be stored within a securely fenced area. (vii) All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete. Said surface must be maintained in a condition of good repair. (viii) All land on which vehicles to be repaired, stored, stripped, or reduced shall be covered with an impermeable to water or oil surface, such as asphalt or conrete. Said surface shall be maintained in a condition of good repair. SECTION 4: (c) Sexually Oriented Businesses. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: January 14, 1991 February 11, 1991 February 11, 1991 Offered by: Seconded by: Rol 1 Call: Ruettimann Nawrock i A1 1 ayes Edward Carlson; I~yo-r