|
<br />rooms, stock areas, bathrooms, ba meots, the areola; and, . . Adult Establlshment,sn applicant must meet d~fl~ed by Mlnn9$Gta laws, Of the use or
<br />or any portion of the business not open to the b. M.i.lI..Human male genitals In a the following standards; .. distribUtIOn ~.a dangerous weapon. The fact
<br />public). Ult it8Pl8" merchandise, devices or discern ably turgid state, even If completely , . (a) The applica.- must be 'Ighteen that a conv1ctk?" ~y be l,Inder appeal shall
<br />other materials distiliguished or charactEifized and opaquely covered. . . . years of age or older.' not affect the dISqualification of,ttle-employee.
<br />c. STATE'OF MINNESOTA by an emphasis ,on .materlal depicting, 2.04 SDACifi8d Sexual ActiVities, ~Specified , (b) The applicant lor his or her , (8) The operator >shall ensu.re
<br />~,~ COUNTY OF RAMSEY 8Xpasing,'describing, discussing, or relating to Sexual ActivitiesB are defined as ~llows: spouse ha6not been denied ~ simil~ li~se compliance of th~ .e.stabllshlJlent and Its
<br />If . '. Specified Sexual Activities or S_pecified ,a. GenArl=lol Sexuallv OnAntAd Acts. by any other city, county or state within the patrons with the proYl$lons ofthis:Chapte;r.
<br /><0, CITY OF ARDEN HILLS Anatomical Areas; or Actual or simutated:. preceding twelve months or has not had such 3.11 Elrclu.lon.... All pu~lIc and prlv~te
<br />j,r NOTICE OF PUBLIC HEARING c. Adult Usaoe. Any business that c.. Sexual Intercourse; a license revoked or suspended within the schoOlS located withm the~. of Arden Hills
<br />f ON AN,APPUCATION FOR AN engages in any Adult Use. . d. Oral copulation: preceding twelve months. . are, exempt fro,!, obta~nl.ng a. U~ense
<br />',AMENDMENT TO THE ARDEN HILLS 2.02 AduU Uses. GeneraU.... YAdun Uses" 8. Anal intercourse:. (c) All ' current real estate taxes hereu~der. when Instructmgpuplls m sex
<br />',. ZONING ORDINANCE RELATING TO include adult book stores, adult motion picture f. Oral-anal copulation; have been paid on the licensed premises. education as part Of its cumculurn.
<br />~.~ .' ADULT USES theaters. adult mini-motion picture theaters, g. B~ity: . . . (d) The licensed p~emises meets 3.12 No IIlnOftll No persons under th~ age
<br />Jo WHOM IT MAY CONCERN: adult massage parlors, adult steam room} h. Duect phYSIcal stimulation of all the pro...isions of this Ch~r as well as all of 18 shall ~e permitted to be present In an
<br />pTI CE IS HER EBY GIVEN I that on bathhouse/sauna facilities, 'adult companion- unck>thed genitals; bulldlngSnd fire codes. Adult Establishment
<br />~nesday" February 3, 1999,a~ 7:3~ p.m., ship parlors, adult health/sport clubs. adult i. Flagellati~n o~ ~orture, in the (e) The applicant ~r sp~use ~as 3.13 .Hour. o' OD~r.t1~n.:,The hours ~f
<br />ttW Arden HtllS Planmng Comml.sslon'.W1_" hok1 cabarets, adult novelty businesses, adult context of a sexual relatiOnship, .' not been con...icted of any f~lony mvolvmg operation for any busmess Iice~ under this
<br />a:;p'ublic Hearing at Arden Hills City Hall, motion picture arcade, adult modeling studios, j. The use of excretory functtons In. moral turpitude, prostitution, obscenity or C~a~ter' shall be between 9,QO, .AM to
<br />C9,uncil Cham~ers, 4364 Round Lake .Road, adult hotels/motels, adult body painting the context of asexual relatio~ip; or, other crime ofa sexual nature ;or involving the midmght
<br />Ar~en Htlls,MI~nesota On an application by studios, and other premises, enterprises, or . k. Any of the foll~wmg sexually. use or distribution of a c~rC?"edsubstance 3.14 PM.ItI... ..
<br />qW of Arden HIIl.s, 4364 Round Lake Road, establishments, businesses or places open to oriented acts or co~~ct: anlll~us, bugge:y, as defined by Minnesotalaw~, or the use or (1) Any I~dlvlduat;, partn~rship or
<br />Af:~~n .Hllls, Mmnesota; 55112, on an some or all members of the public at or in coprop~gy, coprophilia, cunOl!lngus.. fell~tio, distri.bution of a dangerous ~pon. The fact corporation wh~ IS found to_have V101~edthe
<br />application for an amendment to the Arden whic:tlthere is an emphasis on the presen- necrophilia, pederasty, pedophilia, p!qusnsm, that a conviction may be un~er appeal shall provisions of thIS Chapter shall, begul'!Y Qf a
<br />MiMs Zoning Ordinance. relation to Adult uses. tation, display, depiction or description of sapphism, zooerasty; or .. not affect the disqualifiCation of the applics':'l' misden:'eanor an~ shall also be subJec~ to
<br />~:~oposed Zoning Ordmance: Specified Sexual. Activities or Specified b. ~: Any clear depictIon of (f) All license and in...estlgatl.on revocation of any ll.cens:e. . .
<br />f.: ORDINANCE NO. 311 . Anatomical Areas which are capable of being human genitals In the state of sexual fees required by this Chapter tlave been paid; (2) Each Violation of thiS ordinance
<br />A.fiI ORDINANCE REGARDING THE SlnNO seen' by members of the public. Activities and stimulation, arousal or tumesce~: (2) For the purposes of this section the shall. ~e c.onsider~ ~ separate offense and
<br />9F'ADULT ESTABUSHMENTS WITHIN maners classified as obscene as defined ,by C. CAI't:loln Uses and ActiWIIU,. Use of term wapplicant" shall include an individual, all any ViolatiOn continuing more than one day
<br />~y ZONINGplSTRICT OF THE CITY OF Minnesota Statutes 617.241 are not included human,or an!mal ejaculation,. sodomy, oral persons having a financia'l interest in a snail be considered a separ. offense.
<br />!' ARDEN HILLS as an Adult Use and are prohibited in the City copulation, coitu.s, or mas~rbatlon;. partnership or joint ventura, and, in the case 3.15 En'orcttmant. M~mbers o~the.la'!AI
<br />r~E ARDEN HILLS CITY COUNCIL of Arden HiUs, Adult Uses include but are not d.I2.!.mIJing. Fondl~ng o~ touching of of a corporation, all officers',-directors :and ~~ agencyprpvlding ~to,lt1e
<br />OtlDAINS: limited to the following: nude human genitals, pubiC region, buttocks, stockholders required to be; named in the City, th$ Fire M,arsh~l, or deSignee, t.he
<br />t Section 1. a. Adult Bodv Paintina Studio. An or female breast; . application. i Build!~ Official or desl~neeand theZonlll~
<br />Findings and RecIt8la. . establishment or bUsiness which provides the e. NaturA of Clothlno or I :::lck Thereof. (3) All police, fire and building code Admu~,lstrator or, desI9n~e, shall hS'lI_EI
<br />f01 On ar about March 9, 1998, the ~ity service of applying paint or other substance, Situations in...ol...ing a person or persons, any investigations shall be co~pleted within authortty to ent~ any ~ult Establlshme~ aI
<br />~ncil en,acted an interim o~dinance creating whether transparent or non-transparent, to or of whom are nud~, clad in undergarments or twenty-one days after the date the completed all r~able times to I~$P~ the premises
<br />a Jnora~or~um on ~e establ)shm.ent of ad~lt on the body of a patron when such body is in sexual~Y. rev~~lng. cos~mes and who .are application is filed with the City Clerk; Upon a for the purpo~es of enforCIng 'd:1lsChapter and
<br />usrs Within the City and directing the City wholly or partially nude in terms of "specified engaged m actiVities InvolVITlg the flagellation, showing of good cause and reasonable all other applicable Slate laws, fire codes and
<br />Stflff to conduct a study to determine how Anatomical Areas." torture, fettering, binding or other physical diligence on the part of an investigator, the building codes.
<br />b,,*t 10 regulate such uses. The .sc?pe of the b. Adult Bookstore. A building or restraint of any such person; . City Council may extend the ,in...est.igation Sectlon4.
<br />study was to mclude, but not be limited to, the portion of a building used for the barter, rental f. AD1maJ.i, Erotic or I~Wd touching, period for a reasonable time. Any investi.. . lleans of Entorcemen1~.. .
<br />fo,~owing:.. . .. or sate of items conSiSting of printed matter fondling or other sexually.o~lented contact gation not completed within the allotted time Th.e City may enforce any. ~rovislon of thiS
<br />'_1, a. The par:tlcular zomng dlstrlcts.1O (specifically included, but not limited to, with an anim,al b~ a human beu1Q: or, . .' _ period shall be deemed to be waived, ordinance by. man~~us, InJ~nctlon or any
<br />w~lCh adult e~bhshments ~hoUld be allowed greeting cards), pictures, slides, records, g. Irno:::ltloR: tlurpan. .excretlon, 3.07 L1can.. Fees. other appro~~e .~I remedy In~y court of
<br />as either permitted or conditional uses; audio tape, videotape or motion pictUle film if urination, menstruation, vagmallmgatlon. (1) The annual license fee to operate competent IUrlsdlction. The or~lOanc~ may
<br />b. The density and concentration. of such building or portion of a building is not SHtIIn 3 an Adult Establishment shall be determined also be enforced by appropriate criminal
<br />a~lt uses; and, . open to the public generally but only to one or . Regulation. by the City Council by resolutip:n. .' prosecution.
<br />~ c. The effect of adult uses on other more classes of the public excluding' any 3.01 Location R..trlctlon.. The (2) In addition to the annual hcense SectionS.
<br />uses in the surrounding area. minor by reason of age or if a substantial or restrictions set forth below shall apply to the fee, an- investigation fee in. an amount deter.. Separ8.bI.llty. .
<br />Upon completion of the study, the matte.'" ~as significant portion of such items are location of Adult EstabliShm~nts. mined by the City Council by resolution shall E~ery ae~tlon,prO"'lslon or part of thiS
<br />to be considered by the Plan~n~ CommlSSI?n distinguished or characterized by an (1) No Adult EstabIlShme.nt. shall be be paid at the time of the initial license ordl~nce Is~~l8red separa~le 'kom every
<br />for its review and recommendation to the City emphasis on the depiction or description of operated or maintained except within the ~1 application. , section, proviSIOn or,~rtof thIS ordlnance..1f
<br />Council. Specified Sexual Activities or Specified or B4 zoning districts pursuant to a Speaal (3) All appropriate fees shall be sub- any section, prOVISion, ~r p.art of this
<br />The study ha~ ~een com~leted and the Anatomical Areas. Use Permit more fully desCri~edin Section _ mined along with the application for a new or Ordinanceis~dJ~~edtobe Inv.ahd by a court
<br />Planning Commls~lOn has reviewed. the study c. Adult Cabaret. A building or portion (2) No Adul~ Esta~h~hment shall be renewal license. . of ~~ent lunsdiction, ~h ,udgm~ shall
<br />and has passed It~ r13cOmme.ndatlon t~ the of a building used for providing dancing or operated or maintained within 1~ feet~. a (4) If an application is denied, the notlnval~e any other sectiOn, proviSion, or
<br />City Council for re...lew. The City Council has other live entertainment, if such building or church. public or private educa110nal faCility license fee, but not the investigation fee shall part oU'llSordlnance.
<br />also .reviewed the staff's study and duly portion of a building excludes minors by virtue princ~pally serving.per~ns age 17 or younger, be refunded to the applicant. i . SectIon I~
<br />cq,nsl.dered th~ ~ecommendallon of the of age or if such danCing or other live enter- public ~ar~, r.esldentlal structure, or any 3.07 DIAD"'" of UCRnae. The lI~se sh~1 .' . Effective Date. .
<br />P~n1ng CommISSion, , . tainment is distinguished or characterized by fesldentlal district. . . . be displayed in a conspicuous public place In Thts ~rdm.ance sh~1I ~ effecllovetheday
<br />1.02, The staff's st~y co~med copIes of an emphasis on the presentation, display, . T~e distance locations PT?vlded .for In the Adult Establishment. follow.m~ Its pub~lca~lonor on th.e,,~ay
<br />certam reports specifically Including a report depiction or description of Specified Sexual ttus section shall be as set forth In Section IV 3.08 RBnRWRI of License. followmg the publication ~f. an Or~lOance
<br />which was prepared by the State Attorney Acti...itieS or Specified Anatomical Areas. of the Zoning Ordinance. . . . (1) Every license issued pursuant to Summary approved by the City CounCIl.
<br />General entitl~d "Report of the AIt?Tney d. Adult.Comoanionshio F"tablish- 3.02 Sian RtKlulra~nbi ~n additIOn to the this Chapter shall expire at 12:00 midnight on Section 1.
<br />General's Working Group on Regulation of !Ili!l1. A companionship establishment which requirements of City Ordln.ance 292, all December 31st of each year unless sooner Ado~ ~
<br />Sexually Oriented Businesses," dated J~ne 6, excludes minors by reason of age, or which busin~s regulated .und~ thiS .chapter s~all revoked by the City. Council, and must be Passed by the City CounCil of tt)e City of
<br />1989 (the "Report"). Th~ Report conslder~ provides the service of engaging in. or comply with th~fOllowlng Sign req~lrements. renewed before operation Is allowed in the Arden Hills the _ day of
<br />evidence from studies conducted. .In listening to conversation, talk or discussion (1) All Signs shall be wall ~lQns. 'following year. ! 1999.
<br />Minneapolis, S1. Paul, and m~':lY other cities between an employee of the establlshrnent (2) No merch.andise or pictufesof. the (2) Applications for renewal must be Denn18Pro...
<br />throughout the country rel.ating to sexu~lIy and a customer, if such service .tS distin. products or entertainment on the pre~mses submitted with the annual license fee to the Mayor
<br />oriented businesses: The CI~ Staff, ~nnlng gulshed oi characterized by an emphasis on shall be displa}f!ld,ln window areas or In ~y City Clerk not later than sixty days before the Brian Frltainger
<br />Commission, and City Council have reviewed Specified Sexual Activities or Specified area where they can be viewed fr?~ a pubhc license expires. CIty Administrator
<br />the Report. . .. Anatomical Areas. streelor sidewalk in front of the bulldlOg. (3) Renewal of a license may be PLibllcatlonDate.Publlshedontne----..;..;of
<br />t.03 The ~epo.rt, based upon .the above e. Adult Conwnsalion/Rao Parlor. A (3) Windo:-vareas shall not be covered issued by the City Cieri< unless the Clerk finds -,1999.
<br />re~erenced studIes an~ the testimony and conversation/rap parlor which excludes or made opaque. In any way. .' cause for not renewing the license in which AN ORDINANCE SUMMARY
<br />ev-Idence presented to It concluded, ~mong minors by reason of age, or which prOVides (4:l_ No sign shall be placed In any case the Clerk shall submit the renewal On the' day of, ' 1999~ the
<br />ot,h~r things, ".. . th~t se_x~ally.oflen.ted the service of engaging, in or ~iste~I-"~ to window. _.' .. application to the City Council prIor to the Arden Hills City Council adopted Ordinance
<br />bUSinesses are a~soclated With high ~nm~ conversation"talk, or dISCUSSlo~ If SuCh (5) A one square foot sign shall be expiration of the license, No. _, and-purlUsntto'Mlnn. St~t.
<br />ra~es and d~presSlon of property values. service is distingUls~ed or characteTl~~ .by an placed on the door of the eSlablls.hment ~o (4) No license fo.r whi,Ch application for ~462.355, SUbd. 4;' ahd,-by four affirmative
<br />Pr,lor to the Issuance of ~e Report, the State emphasis on SpeCified Sexual ActIVItIes or slate hours of operatIon and admittance IS renewal has been timely made shall be votes, directed that a summary of the
<br />Attar.ney General'~ Working Group also heard Specified Analomical Areas. limited to adults only. .. ,deemed to expire until the City Council has ordinance be published. .' .'
<br />te,stlmony .t~at .' . th.e character of a 1. Adult Health/Snorl Club. A (6)- Where any pr()vlslons of thIS rendered its decision not to renew a license. Arden Hills OrdinanceNO~ ~isentitled~
<br />neighborhood can dramatICally change WhEln health/sport club which exclud'es mmors by section conflict with City Ordinance 292, the No applicatiOn forrenewal of'a license may be . TheOrdinanee ihcludtMr'beckground
<br />t~re is a concentration of ,sexu.atly Orie~ reason of age, or if such club is distinguished provisions of this section shall prevail. denied by the City Council until after the information, definitions, establishing a
<br />bt,lsmesses adjacent to .resldential ~roperty. or char~cterizedby an emphasis on Specified 3,03 PhVRlcal Lavout o~ BU,.ln~ss. Any applicant has received ten days' written-notice moratorium perjDd, and contains enfon::emen1:
<br />The Report found and conclud~ that. Sexual Activities or SpecifIed Anatomical Adult Establishment haVing available for of' a public hearing before the Council. The provisions. . .
<br />o. a. Adult uses have. an Impact o.n ~e Areas. . customers, patrons or memb~rs,. a booth, appliCant may appear with or without iCQunsel A copy of the Ordinance-is, a~allable for
<br />n~'~hborhoods su.rrou~,d_lngthem_ ~hl_ch .I~, g.' AduitHoteI.or'Motel.Adulthotel.or room or cubic/e for the pri...ate VIewing .of:~,r)y at that 'publIC meeting and may,presentsuch ili'Spectton'tily -any,'-p,rSQh.durlng_:regu~r
<br />dLst_I':l.ct~r~lT!. t~elmp,acl c~u,sedb't ot~_er motel means a hotel or-motel. from which Spe.cified .Anatomical Areas or. Sp~clfled Ukfance andwltMssas as he or she deems buslneS:s.hoiJn'.atl~jof:fiCEli :o,f;lbtJ;:,_C!ty:~-.
<br />commerclalu~es;. _:'" ,_. . ..... minors' aie specifically:exclOdEid from Sexual Activities must compty With the~ appropriate. . Admlnislratol'at .ArdElrI ~i:~
<br />_ . .b.Resldentl~l~elghl>orho.odsl~cated patronage bY,_Jeasonof age:and',wherein fOllowingrequi(arnents. .'. :~- .,; .3,0Q, ,RIIVOG8tIOn"Of L1cAniul . 55112:
<br />within close proxImity ,to adult theaters, material is presentee! wtIicn is distinguished or (1) Each booth, room or cublcle,~hall ~.t) The City Council shall revoke a [)ate:
<br />book~t()res_}~nd,otheradult uses exp.erlen~e characterized by an emphasis on matter be totally accessible_to andtro~ aisl,es and ticense for any ofthefollowing reasons: Bri...F......nger
<br />increase crime rates (sex-related crimes m depicting, describing or relating to Specified pUblic areas of the AdultEstabhsh~ent and (a) Discovery that false or CIty A4mlnlstnitOr
<br />particular), ,?wered property value.s, Sexual Activities or Specified Anatomical shall be unobstructed by any,doQr. lock or misleading information or data was given. r:m The application and',all dOQumentatlon
<br />in,.::reased transIency, and decreased stablhty Areas. other control type devices. ,_,- i . any initial or.renewalapplieation ormatenal relativethereto'are.on'fileaF)Cl "v~le.~
<br />qt,ownership;. . .. . h..AduItMassaaePartor HA;QIthClub. (2).EveryboCith,roo!TIorcubicleshall facts were omitted from any such application. inspection at the office of..the City
<br />c. The adverse .Impacts w~lc.h. adult A massage parlor or health club which meet the following construction reqUirements: (b) The operator or an employee of Administrator at Arden HUls City.HaU,4364_W~
<br />u$es have on surrounding ar~ dlmlOlsh as restricts minors by reason of age, or which . (a) Each booth, r~om or cubicle the operator violates any provisions of this Round Lake Road, . .
<br />the distance fr?m the adult u~~ Increases; provides the services of .massage, if such shall be separated from adjacent ~ooths, chapter or any rule or regulation adopted by This notice 15- givEtnpursuantto Zomng
<br />d. Studies of other. CitIes have shown service is diStinguished or characterized by an rooms and cubicles and any non-publiC areas the Council pursuant to this Chapter, Ordinance,#291 of the' Arden Bins Code of
<br />t~ata(TIo.ng. the c~mes which ~n.d.to Increase emphasis on Specified Sexual Activities or by a wall. . . . _. provided, however, that in the case of a first Ordinances.
<br />either .wlth," or-In t~e ~ear v~Ctmty of a~ult Specified Anatomical Areas. (b) Have at least. one Side totally offense by an operator where the conduct Any person i,n .favor of,.'opposed to. or
<br />~es are rapes, prostitution, child molestation, i. Adult Motion Picture Theatre. A open to a public Iigh1ed aisle so there IS an was solely that of an employee the penalty_ ii1terested in said appl,ication win be ~_eardby,
<br />ITldecent expo,sure and ,other lewd and building or portion of a building used for unobstructed view at all times of anyone shall not exceed a suspension of thirty days if the Planning Commission at the time and
<br />iCiscivious behaV.IOf; .. presenting material if such building or portion occupying the area. . '. the Council finds that the 'operator had no place above stated. . . _ ...... ;
<br />e. The City of p~entx, ArIZOna study of a building as a prevailing practice excludes (c) All walls shall be solid and actual or constructive knowledge of such Dated at Arden Hills, Minnesota, thi.s, 11th
<br />confirmed that the sex cr.lme ra.te was on ~e minors by reason .ofage, or if such material is without any openings, extende~ from tt:le floor ...iolation and could not by the exercise of d.U8 day of January, 1999. ..' ,
<br />#,erag8 5,00 percent higher 10 areas WIth distinguished or characterized by an toa height of not less _than SIX feet and ,be diligence have had such actual or constructive . NancyRandalI
<br />~xuaUy oriented bUSinesses; ,emphasis on Specified Sexual Activities or ligtrt colored, non-absorbent, smooth textured knowledge. AHocI'" pt.nner
<br />.f. Many ~e!TIber.s of the public Specified Anatomical Areas for observation by and easily cleanable.. (c) The operator becomes (Bulletin: Jan. 20, 1999)
<br />perceive areas Within which adult. uses are patrons therein. . (d) The floor must be light colored, ineligible to obtain a license.!
<br />located as less than other areas which do not j. Adult Modelino Studio. An modeling non-absorbent, smooth textured and eaSily (d) Any cost or fee required to be
<br />have such uses; . . studio which restricts minors by reason of cleanable. . paid by this ordinance is not paid.
<br />g. Studies of other citIes have, shown age, or whose major business is the . (e) The lighting lev~1 of each (e) Any intoxicating liquor or cereal
<br />that the values of both com~e~c.lal and provision, to customers, of figure models who booth, room or cubicle when not In use. shall malt beverage is served or:col)sumed on the
<br />residential properties either are diminished or are so provicJed with the intent of providing be a minimum of 10 foot candles at all times, premises of the Adult Estab'shment.
<br />fail to appreciate at the' rate of oth~r sexual stimulation or sexual gratification to as measured 'kom the floor. (2) The Council, b~fore revoking or
<br />comparable properties when located In such customers, or who engage in Specified (3) Only one individual shall ?ccupy a 'suspending any licens~, shall give the
<br />proximity to aduit u.ses; an~. Sexual Activities or display, Specified booth, room or cubicle at any t.lme. No operator ten days written notice of the
<br />h. The IndianapoliS, Indiana study Anatomical AreaS which being observed, occupant of a booth, room or cUb.lcle shall charges against him or her, and an
<br />established that profeSSional re:al estate painted, painted UPOR, sketched, drawn, engage in any type of sexual acttv!ty, ~ause opportunity for a public hearing before the
<br />appraisers believe .that an adult bookstore sculptured, photographed, or otherwise any bodily discharge or Utter while 10 the Council at which time the operator may
<br />would have a negatIVe effect on the ...alue, of depicted by such customers. booth. No individual shall damage or deface appe$,r with or without. counsel and may
<br />both residential and commercial properties k. Adult Motion Picture Arcade'. Any any portion of the booth. present such evidence and witnesses ashe
<br />within a one to three, bloc~ area of ~ store. place to which the public is permitted .or 3.04 License Rauulred, or she deems appropriate.
<br />1.04 The Arden Hills C~_ CounCIl finds.the invited wherein coin or slug-operated or (1) From and aller the effective da$ of (3) The tran'sfer of.a license or ,any
<br />characteristics of Arden HII~s. are ~ubstantiany electronically, electrically or mechanically this ordinance no Adult Establishment shall be interest in a license shall automatically and
<br />similar to those of the. cities Cited by the controlled or operated still or motion picture operated or maintained in the City of Arden immediately revoke the license,
<br />.~port when considering the affects of adult machines, projectors or other Image- Hills withoutfirst obtaining a license to (4) Any operator whose license is
<br />p'ses. , .. '. .. producing devices are mainta_ined to show operate issued by the City... revoked shall not be eligible to receive a
<br />1.05 TI'te Arden Hills .Clty Counc.11 fm.ds, images to five or fewer persons per machine (2) A license.may be tssuedfor only license for one year from the date of
<br />f>:ased upon the Report and the studies Cited at anyone time, and where the images so one Adult Establishmentlocated.at a f.lxed revocation. No location or premises for which
<br />~erein,that adult uses, may}"aVe ad~e~se displayed ere distinguished or characterized and certain place. Any person, partnershIp or a license has been issued shall be used as an
<br />,:~condary ~ff~cts u~n certain pre-exlstin,g by an emphasis on depictin.9 or describing ,corporation which des.ires to operate more Adult Establishment for six months from the
<br />'~useswithmthe,City, _and thaUh_e~ubllc Specified Sexual Activities or Specified than one Adult Establishment s~all have a date of revocation of the license,
<br />lLa1th, safety, 'and ,general welfare wdl be Anatomical Areas, separate license for each such buStness. 3.10 R8SDon.lbllltlAfl of ~oer.tor.
<br />;prom~ted if the City adopts regulations I. Adult Noveltv B'JIsiness. An . ,(3) No license or interest in a Iicen~e . (1) Every ,act. or : ~ISsi?n by an
<br />r~ardlng adultuses:.. . establishment or business engaged in the may be transferred to any person, partnershIp employeeconstltutmg a Violation of the
<br />~1.06 The Arden Hills City Council finds that sale or novelty items which: . . or corporation. . . provisions of this Chapte~ shall be deemed
<br />the adverse secon.darye!fects tend to a. Restricts minors by reason of 3.05 ADDllcatlon for LlCRMH. . the act or omission of the operator if suqh act
<br />'diminish if adult uses m. the C~ are regulated their age; or (1) Any person, partn.ershlp or or omission occurs either with the
<br />tpy locational and licensmg reqLHn:'ments.. . . b. Has as its principal activity the corporation deSiring to secure a license shall authorization, knowledge or approval of the
<br />L-t.07 It IS not the intent?f the City to prohibit sale of devices and other products which: make application to the City Clerk.. operator.. or as a result of the operator's
<br />I_\~dull .u~es from h~v.lng a .reasonable i. Stimulate human genitals or . (2)...The application for a hcense shall negligent failure to supervise the emp~oyee's
<br />1-.opportUntly to. locate within the ~ity.. de...ices which are designed to create sexual be upon a form provided by the City. . conduct, and the operator shall be pUnl.shable
<br />1..1.08 The Clty's current zomng or~lnance stimulation or excitement; or, (3) An applicant shall furnish the for such act or omission in the same manner
<br />~es not address such ad~lt. u~~ whIch have ii. Are otherwise designed to following information: '. aslf the operator committed the act or, caused
<br />lieen faund by other muniCipalities to cause stimulate or arouse ,sexual excitement in any (a) Names, addresses aM dates the omission.
<br />similar. adverse secondary effects. manner whatsoever, specifically including, .but of birth of applicant and spouse if any. , (2) Any act or omission of any
<br />~pecifically, lhe City Council is concerned lhat not Iimiled 10. ilems such a. inflatablo dolls or. (b) Written proof that the applicant employee constituting a violation of the
<br />. ,the City's zoning ordln~n?e m~y. be similar devices; or, . is at least eighteen years of age. . provisions of this Chapter shall be deemed
<br />'::inadequate in its scope and In itSr~str~lOns jii. Is distinguished or charac- (c) Address of the ~ult Establlsh- the act or omission of the operator for
<br />~'_~o accomplish the purpose for which it was terized by an emphasis on Specified Sexual ment to be operated by the applicant. purposes of determining whether the
<br />I: Intended. . . Activities or Specified Anatomical Areas. (d) The name of the City, County operator's license shall be re'Joked,
<br />t-1.09 In addition to the proper .zonlng n. Adult Sauna, A sauna which and State,_, if any, where- the ~ppllcant suspended or renewed. !
<br />:I' classification of such us.es, there are a excludes minors by reason of age,-or which previOusly operated an Adult Est8bllshmen1.'(3) No employee of an Adult
<br />: number o_f Sj~~ificant planning ~d ,land use provides a steam bath or heat bathing room (e) Whether the a~plica~ has ever Establ_ishment shall allow ,any minor ~ loiter
<br />\ issues pertamlng to the regulation of such used for the purpose of bathmg, relaxation, or been conVicted of a felony t"volvmg sexual around or to frequent the Adult Establishment
<br />l uses, including the following:. . _ . reducing utilizing steam or. hot air as a clean- conduct, the'use or distribution of controlled or to allow any minor tp view Specified
<br />t. a. The particularzomng dlstrlct.s In ing, relaxing or reducing agent, if the service substances or the use or distributlon of.a Anatomical Areas oi $petffied Sexual Activity
<br />-; . Which such uses should be allowed as either pro...ided by the sauna is distinguished or dangerous weapon. If the answer to the last IS at the Adult Establishment.
<br />~ permitted or conditional us.es.. . characterized by an emphasis on Specified yes, state the jurisdiction in which ~e offense (4) The operator shall maintain the
<br />\ b. T.he con~entra~lon~l)d denSity of Sexual Acti...ities or Specified Anatomical Of offenses occurred. The applicant may premises in a clean and sanitary manner alall
<br />i such uses In the City and ItS netghborhoodS. Areas. attach any explanation he or she deems times.
<br />"I , c. The effect of such uses on other o. Adult Steam Room/Bathhouse appropriate. (5) The operator shall maintain at least
<br />~ uses In the surrounding area. ~. A building or portion of building useQ (1) If the applica~ is a corporation, ten foot cand.lea of li9h.1 in th~ pu~lic portions
<br />i Section 2. for pro...iding a steam bath or heat bathing the name of the corporallon, the date and of the estabhsh~ent, mcludlng al~les,. at ,all
<br />, Deflnltlon.s. . room used for the purpose. of pleasure, stale of incorporation, the name and address ,times. However, If a lesser level of IlIumlnallon
<br />f for the purposes of th_ts.ordmance, the bathing, relaxation, or reducing, utilizing of the registered agent and the name and in the aisles shall be n~essary ~o enab~e a
<br />fbllowing' terms shall be de11ned as set forth steam or hot air as a cteaning, . relaxing or address of all share holders ownin.g mo~e patron to view the .adult i~n~e.rtalnme~t In a
<br />.\IeI,ow:.. ,.'.' . . . reducing agent if such building or portion of a than five ,percent of the stock In said booth, room or cubicle a~joml~g an aisle, a
<br />:;2.01 .Adult ,Estahllshment. Adult Establlsh- building restricts minors by reason of age or if Corporation and all.officers and directors of lesser amount of illur.ina~lon may be
<br />ment means. . the service provided by the steam the corporation.' maintained in such aisles'l provided, however,
<br />. a. Adult PM~naae. Any buSiness that room/bathroom facility is distinguished or ;(4)"" Within sixty days. of. receiving. a at no time .shall,the~e bI~ les~ th~n 1 foot
<br />IS conducted excluslVSly for the ~onage of characterized by an emphasis on Specified completed application for a license, the C!ty candle of IlIumlOatlOn ;In said aisles as
<br />adults and that excludes mInors from Sexual Activities or Specjfied Anatomical Clerk shaU submit the'application to the City measured from the floor.
<br />f:latronage, either ~.operation of law or by the Areas. Council for approval or deru.l. (6) All b~siness ~r~n.sactions shall
<br />J>wners of the bUSiness; . 2 03 Soecified AMtnmlcal Areas. "Specified (5) Failure or refusal of the applicant to occur within the licensed ~ulldmg.
<br />b. Receiots' Floor Area' TVOAS of Matomical Areas~ are defined as1ollows: give any information relative to, the (7) No employe~ shall have been
<br />MArchandlse. Any bUSiness that (I) derives a..E!m:ml!i!.. less than completely and investigation of the application shall constitute convicted of any-felony involving moral
<br />25% or more of its gross receipts during any opaquely cove~d human gen..ls,publlc ground for denial of the license. turpitude, prostitution, ob~cent~y or other
<br />calendar month 'kom, or (Ii) devotes 25%.- or regiorf1 buttock, 'anus, or female breast(s) 3.06 Standard. for l.fWlna UeanUR crime of a sexual nature pr_lovobQng the use
<br />more of its floor area (not including store- below ~ point immediately above Ihetop of (1) To receive a li,e:ense to operate an or C!.istribution of a controlled sobstance as
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