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.- AN ORDINANCE SUMMARY
On the 9th day of March , 1998, che Arden Hills
City Council adopted Ordin~ncc No. 10'i , and pursuant to Minn.
Stat. H62.355, Subd. 4, and, by four affirmative votes, directed
that a summary of the ordinance be published.
Arden Hills Ordinance No. 305 is entitled 1IA.'1 Interim
Ordinance Placing a Morntorium on the Siting oE Adult
Establishments Wi thin Any Zoning District. of the Ci ty of Arden
Hills and Directing a Study to be Conducted" . The ordinance
includes background information, definitions, establishing a
moratorium period, and contains enforcement provisions.
A copy of the Ordinance is available for inspection by any
person during regular business hours at the office oE the City
Administrator at 1450 West Highway 96, Arden Hills. MN 55112.
Date: March 9. 1998
Brian Fritsinger
City Administrator
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. ORDINANCE NO. 305
AN INTERIM ORDINANCE PLACING A MORATORIUM
ON THE SITING OF ADULT ESTABLISHMENTS WITHIN
ANY ZONING DISTRICT OF THE CITY OF ARDEN HILLS;
AND DIRECTING A STUDY TO BE CONDUCTED
THE ARDEN HILLS CITY COUNCIL ORDAINS:
Section 1. Recitals.
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 oftl1e State of
Minnesota/Olmsted County Planning Department "Adult Entertainment Report"
dated March 2, 1988, and "A 40-Acre Study" prepared by the St. 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 State Attorney General's Report, based upon the above referenced studies and
the testimony presented to it has concluded "that sexually oriented businesses are
associated witl1 high crime rates and depression of property values." In addition, the
State 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;
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. 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 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 tl1at 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 Arden Hills City Council finds the suburban characteristics of Arden Hills are
similar to those of the cities cited by the Reports when considering the affects of
adult uses.
1.04 The Arden Hills City Council finds, based upon the Reports and the studies cited
. therein, that adult uses may have secondary effects upon certain pre-existing land
uses within the City.
1.05 The City's current 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 tl1at 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 otl1er uses in the surrounding area.
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1.08 There is a need for a study to be conducted so that the City can adopt a set of
comprehensive plans and 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 planning process and the healtl1, safety, and welfare ofthe 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, Subd. 4 permits the adoption of interim zoning
ordinances during the planning process.
Section 2. Definitions.
. For the purposes of this ordinance, the following terms shall mean:
2.01 Adult Establishment. Adult Establishment means:
a. Any business that is conducted exclusively for the patronage of adults and
that excludes minors from patronage, either by operation of law or by the
owners of the business;
b. Any business that (i) derives 25% or more of its gross receipts during any
calendar month from, or (ii) devotes 25% or more of its floor area (not
including storerooms, stock areas, bathrooms, basements, or any portion of
the business not open to the public) to, items, merchandise, devices or other
materials distinguished or characterized by an emphasis on material
depicting, exposing, describing, discussing, or relating to Specified Sexual
Activities or Specified Anatomical Areas; or
c. Any business that engages in any Adult Use.
2.02 Adult Uses. Generallv. Adult uses include adult book stores, adult motion picture
theaters, adult mini-motion picture theaters, adult massage parlors, adult steam
room/batl1house/sauna facilities, adult companionship parlors, adult health/sport
clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult
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. modeling studios, adult hotels/motels, adult body painting studios, and other
premises, enterprises, or all members of tl1e 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 and matters classified as obscene as defined by Minnesota Statutes
617.241 are not included as an Adult Use and are prohibited in the City of Arden
Hills. Adult Uses include but are not limited to the following:
a. Adult Body Painting Studio. An establishment or business which provides
the service of applying paint or other substance, whether transparent or non-
transparent, to or on the body of a patron when such body is wholly or
partially nude in terms of "specified anatomical areas."
b. Adult Bookstore. A building or portion of a building used for tl1e barter,
rental or sale of items consisting of printed matter (specifically included, but
not limited to, greeting cards), 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 or if a substantial or significant portion of such
items are distinguished or characterized by an emphasis on the depiction or
description of "Specified Sexual Activities" or "Specified Anatomical Areas".
. c. Adult 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 or if such dancing or other live
entertainment is distinguished or characterized by an emphasis on the
presentation, display, 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 tl1e 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 Conversation/Rap Parlor. A conversation/rap parlor which excludes
minors by reason of age, or which provides tl1e service of engaging in or
listening to conversation, talk or discussion, if such service is distinguished
or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas".
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. f. Adult Health/Sport Club. A health/sport club which excludes minors by
reason of age, or if such club is distinguished or characterized by an emphasis
on "specified sexual activities" or "specified anatomical areas".
g. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from
which minors are specifically excluded from patronage and wherein material
is presented which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas".
h. Adult 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 or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas".
1. Adult Mini-Motion Picture Theatre. A building or portion of a building
witl1 a capacity for less than fifty persons used for presenting material if such
building or portion of a building as a prevailing practice excludes minors by
virtue 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.
. J. Adult Modeling Stndio. 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" which being observed, painted, painted upon, sketched, drawn,
sculptured, photographed, or otherwise depicted by such customers.
k. Adnlt 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 few persons per machine at anyone time, and where the images so
displayed are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical areas".
1. Adult Motion Picture Theatre. A building or portion of a building with a
capacity of fifty or more persons used for presenting material if such building
or portion of a building as a prevailing practice excludes minors by virtue 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.
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. m. Adult N oveltv Business. A business which has as a principal activity the
sale of devices which stimulate human genitals or devices which are designed
to create sexual stimulation, or are otherwise designed to stimulate or arouse
sexual excitement in any manner whatsoever, specifically including, but not
limited to, items such as inflatable dolls or similar devices.
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".
o. Adult Steam RoomlBathhouse Facility. A building or portion of building
used for providing a steam bath or heat bathing room used for tl1e 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 or if the service provided by the steam
room/bathroom facility is distinguished or 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, public 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 tl1e state of sexual stimulation, arousal or
tumescence; or
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. c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
d. Fondling or touching of nude human genitals, public region, buttocks, or
female breast; 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 person; 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. Planning and Zoning Study; Moratorium.
3.01 A study is authorized to be conducted by City Staff to determine how adult
establishment uses should be regulated within the City. The scope of the study
should include, but is not limited to, the following:
. a. the particular zoning districts in which adult establishments should be
allowed as either permitted or conditional uses;
b. the density and concentration of such uses;
c. the effect of such uses on other uses in tl1e surrounding area.
3.02 Upon completion of the study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
3.03 A moratorium on the development or location of adult establishments is adopted
pending completion of the study and the adoption of any amendments to the City's
zoning ordinance. During the term of this ordinance, no adult establishment shall be
established, operated or located within the City limits of Arden Hills.
Section 4. Enforcement.
The City may enforce any provision of this ordinance by mandamus, injunction or any otl1er
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 ordinancc 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 be effective the day following its publication or on the day following
the publication of an Ordinance Summary approved by the City Council.
Section 8. Adoption Date.
Passed by the City Council of the City of Arden Hills
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ATTEST:
B AN FRITSINGER, CITY ADMINISTRATOR
Publication Date
A Summary (attached) was published on the 9'h day of March, 1998.
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Arr oxDirraxcs suMMkRY
Oci the 9th day of March , 1998, che Arden Hills
City Council adopted Ordinancc No. 305_,and pursuant r-o Minn.
SLaL. §462.355, Subd. 4, and, by four affirmative votes, directed
that a summary of the ordinance be publi9hed.
Arden xills Ordinance No_ 305 is entitled "A-: Interim
Ordinance Placirig a Moratorium or, the Siting oF Adult
Establishmen:s within Any Zoning Distr;cr. of thz City oF Arden
Hills and Directing a Study to be Conducted". The Ordinance
includes background information, definitions, establishing a
noratorium Ycriod, and contains enforcement provisions.
A copy of the Ordinance is available for inspection by any
person durzng regular business hours ac the office of the City
Administrator at 1450 West Highway 90, Arden Hills, hIN 55112.
Date: March 1998
Brian Fritsinger
City Administrator
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