02-28-05 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, February 28,2005
6pm
I. Allianz Tour - Meet at Allianz Front Lobby at 6 pm
II. Approval of Minutes
February 14, 2005 Planning Commission Meeting
III. Informal Public Hearing - City Code Section 11.50 "Sexually Oriented
Businesses" - 7 pm
Applicant: City of Golden Valley
Purpose: Possible Locations and Licensing Requirements for Sexually
Oriented Businesses
IV. Discussion about Envision Golden Valley
V. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
VI. Other Business
VII. Adjournment
.
Regular Meeting of the
Golden Valley Planning Commission
Febru~ry 14, 2005
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
February 14, 2005. Chair Keysser called the meeting to order at 7 pm.
.
MOVED by Eck, seconded by Hackett
January 24, 2005r:ninutes with the
Those present were Commissioners Eck, Hackett, Keysser, McAleese
Waldhauser. Also present were Director of Planning and Developme
Planning Intern, Adam Fulton and Administrative Assistant, Lisa
Rasmussen was absent.
I. Approval of Minutes
January 24, 2005 Planning Commission Meeti
McAleese referred to paragraph four on page fo
added to his question regarding how PRISM ca
as the number of vehicles they could repai .
,eword "precise" be
e "precise" number of 1,251
unanimously to approve the
ion.
II.
.ng Ordinance
Grimes explained that th.
Planning Commission's c
is planning to have ub .
decisions regarding
off-street parking ordinance incorporates the
rom e last time they discussed it. He stated that he
rks Department review it and make some of the
dscaping in parking lots and some other items.
Waldhauser st
plant tree
better.'
plans an
attended a seminar recently and the current thinking is to not
parking lots because they don't survive and that shrubs do
at the city's Environmental Coordinator reviews all landscape
of p ant materials being proposed.
a maximum light level had been considered as a part of the code so that
over lit beyond what is necessary for safety. Fulton stated that staff has
on a lighting ordinance and that maximum light levels will be considered.
Keysser referred to the proposed size of 9 feet x 18 % feet for parking spaces and asked
if that is going to be a problem. Grimes stated that most cities have gone to an 18 foot
deep parking space requirement. Hackett agreed and added that it is also an
environmental issue and a way to reduce the amount of paving.
.
Hackett referred to the section regarding curb and gutter and said that more and more
rain gardens are being used on "curbless" parking lots. He said insisting on curbs
everywhere isn't necessarily the current thinking in dealing with run-off from parking lots.
.
.
.
Minutes of the Golden Valley Planning Commission
February 14, 2005
Page 2
Grimes suggested adding language regarding an exception for rain gardens. Waldhauser
added that rain gardens are also a good alternative for island plantings as well.
Waldhauser referred to the section regarding adjacent properties sharing parking spaces
when there are different parking demands at different times during the day and asked why
the City would pick a 20,25 or 30% reduction in parking amounts for this kind of situation
and not a higher percentage in order to encourage a shared use. Grimes said there could
be issues if a building's use were to change. McAleese agreed and said that this
ordinance encourages shared parking agreements and that the City has s been
good at allowing proof of parking.
Hackett asked about the origin of the 35-foot front yard setback
Grimes said Golden Valley has just traditionally had a larger f
to have more open space between buildings and in front of
Hackett stated concerns that fire lane requirements in
and it forces more paved surfaces. Fulton said staff .
requirements and the designation of the fire Ian
issue and not a zoning code issue and explaine
have narrower streets.
Hackett stated that the City falls down i
that Golden Valley in general need
the code can be developed more
Department to make the langu
require developers to propo
to. He said that develope
isn't always a top priority.
strian access be provided and
ian friendly and that this section of
id he would talk to the Public Works
r. leese said he thinks it is a good idea to
wing pedestrian access that the City can react
ceptive to providing pedestrian access; it just
McAleese referred t
what that mea ri
or any change
egarding the re-use of an existing building and asked
it is referring to any changes in the amount of parking
n.
ction regarding use and asked if the term "goods" also
es plained that cars for sale in parking lots don't count as part of the
arking spaces. McAleese suggested defining the word "goods" to
McAlees red to page four, items G and H regarding grading and drainage and
asked why those two items couldn't be combined into one because they both refer to
grading. Waldhauser suggested taking the reference to grading out of item H.
McAleese said there are a number of places where the ordinance says "may have". He
said he prefers a more direct approach and is uncomfortable saying the City can require
something without stating the standards as to why the City can do it.
Minutes of the Golden Valley Planning Commission
February 14, 2005
Page 3
.
Hackett referred to page four regarding parking surface materials and said there is no
mention of some of the newer materials such as reinforced turf and checker blocks for
light use. Fulton said those materials were included in the residential section of the code
and he would add them into the section as well. Hackett said he thought it would be
beneficial to the City to encourage these types of materials.
Grimes said staff would go through the ordinance and clean up the sentences and make
the suggested changes and then bring it back to the Planning Commission for a public
hearing.
McAleese suggest~d that there be an alternate variance procedur 0
in this ordinance in case there may be an instance where the PI n
Council may want to look at changing the code. Grimes said t 0
because it has larger implications and may need to be look
areas
or
idea
se basis.
III. Discussion about repealing sections of the
requirements 'after the adoption of a new
Fulton explained that this is a housekeeping ite
the individual zoning districts is going to ha
requirements are put into one section of
ch parking section listed in
when all of the parking
.
IV. Discussion of Revisions to
ing'and R-2 Zoning Districts
Eck asked if this would clean u
Zoning Map not matching.
saw this proposed ordin
district into this ordinanc
e Comprehensive Plan Map and the
s. Fulton reminded the Commission that they
ch of 2004 and that he added the R-2 zoning
rding accessory structures and the ten foot height
to build a garage, the peak of that garage would be
ai e would he would take a look at it, talk to the Building
He said he would also add the word detached. Grimes said
tries to build two story accessory structures in their back yard.
e foot requirement is the height of a story, or halfway up the gable,
whole structure. Hackett suggested saying 10 feet to the eave to
nt.
Waldhau ked why the City objects to having two-story garages with living space
above whether attached or detached. Fulton stated that it has been viewed as an
accessory apartment and is not seen as desirable. Grimes added that historically there
have been complaints when there are tall buildings in people's back yards. It is seen as
almost having anotherhouse in the back yard.
.
Fulton referred to subdivision three and stated that this proposed ordinance would allow
single family dwellings in the R-2 zoning district which has traditionally been a non-
conforming use in the R-2 district. He said permitting them would make it easier for the
Minutes of the Golden Valley Planning Commission
February 14, 2005
Page 4
.
Planning Commission to study "up zoning" in certain areas and would allow them to
remain a conforming use. He added that"town home" will be defined differently than a
"two-family" dwelling.
Fulton referred to subdivision six regarding buildable lots and stated that the lot size
requirement has been reduced in size from 12,500 square feet to 10,000 square feet in~
order to encourage additional density.
.
Eck asked about the definition of a "kitchenette". Fulton explained that a
a wet bar and could possibly have a sink, refrigerator and maybe am'
range or cooking supplies. Eck asked if the term kitchenette is univ r
Fulton said he will be adding a definition for a kitchenette.
Fulton referred to the portion of the code regarding impervio
stated that going to an impervious surface coverage require
coverage will require extensive study to figure out wh a
something that should be done zoning district by zo .
Keysser referred to the buildable lot size and st
allowing a maximum of 8 units per acre an
house to be built so a duplex couldn't be
numbers to make sure they are consist
er in e code it refers to
re feet would allow only one
would take a look at those
Grimes referred to the front yard
from 35 feet to 30 feet. Hackett
friendlier environment. Fult
10 feet. Waldhauser stat
prefer that the R-1 setba
r ments and stated that it's been reduced
all.QPorts that and it makes for a safer,
the side and rearyard setbacks were reduced to
or R-4 district borders an R-1 district she would
between the properties.
Fulton explained th
stories to 3 sto . s or
feet to the fron
from the
ge is the height limitations have increased from 2 %
id that accessory structures can be no closer than 35
rder to push accessory structures a little further back
tha nguage be added allowing each side of duplex no more than
\'iccessory structure space, meaning each side would be allowed to
"'if'
24 foot garage.
McAlees ested calling this section something other than two-family zoning district
since single family dwellings and.town homes are also permitted.
.
Waldhauser said she's not sure she wants to encourage town home developments to be
required to provide two-stall garages because a small unit may only want one stall to
keep the affordability. Fulton said the City doesn't typically see development proposals
with single car garages.
Minutes of the Golden Valley Planning Commission
February 14, 2005
Page 5
.
Keysser asked what the definition is for Essential Services Class I. Grimes said that
includes standard residential utilities like telephone poles and utility lines.
,
Fulton referred to the proposed R-3 section of the ordinance and stated that it is more in
line with the medium density section of the Comprehensive Plan. He said the R-3 district
would allow town homes, two-family dwellings and multiple family dwellings of 12 units or
less per acre. He referred to subdivision four and said that restricted retail sales and
professional offices within principal structures containing 20 or more dwelling units would
also be allowed. Hackett asked why it would need to be restricted retail nd said he
would like to see the City encourage mixed uses so people don't alw et in
their cars to go places.
Grimes said people wouldn't necessarily want a business to b
neighborhood and suggested that language be added that
located on collector streets, or minor arterial streets. Waldha
to try to bring residential units into commercial district ot th
should be
eallya way
round.
Fulton referred to subdivision seven regarding th
underground parking, public transit, recreation a
apartments that use
.
Keysser stated that the numbering of th
review it and make, corrections before i
f sync. Fulton said he would
public hearing.
McAleese referred to subdivision
defined better perhaps in the b
Fulton referred to the pro
for high density housing
. g district and explained that the intent is to allow
s 'Iy requiring a PUD.
Hackett asked why
Keysser said t re m
Grimes said a
't want to allow class '3 restaurants in the R-4 district.
issue with mixing the residential and retail together.
just wine and beer would be allowed.
sity bonus in the R-4 zoning district and asked why it wasn't
-3 zIng district. Fulton said that the R-4 district doesn't have a
cept limited by height so the density bonus is more difficult to do.
a or senior and physical disability housing there is a low parking
ause the demand is lower with that type of use.
v. Discussion of Increasing Permitted Square Footage for Accessory
Structures, R-1 Zoning District.
.
Grimes explained that this proposed change to the R-1 zoning district would allow more
garage space on the larger lots throughout the City. He added that the largest accessory
structure allowed would be 1,500 square feet.
.
.
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Minutes of the Golden Valley Planning Commission
February 14, 2005
Page 6
Fulton stated that there is some staff concern that this change in the code would only
benefit higher income people who own the larger lots.
Keysser asked how existing non-conforming accessory structures would be handled.
Grimes said they would exist as a non-conforming structure and explained that no
building additions or additional storage space would be allowed.
VI. Reports on Meetings of the Housing and Redevelopment Authority, City
. Council, Board of Zoning App~als and other Meetings
Keysser stated that he and Waldhauser met with Jeanne Andre to
the role of the Planning Commission in the process. He suggest
at the next Planning Commission meeting.
and
vision
VII. Other Business
Grimes stated that he has set up a tour of the Allia
and City Council. The tour will take place before
on February 28 at 6 pm. He asked the Commiss
at 6 pm.
Pia ning Commission
ommission meeting
lIianz in the front lobby
Grimes told the Planning Commission t
planning study. He stated that the P
community education process a
meetings with the consultants a
d URS to do the 1-394 Corridor
n is going to very involved in the
mmissioners to hold some dates open for
as included in the study.
VIII. Adjournment
The meeting was a .
.
Planning
763-593-8039 I 763-593-8109 (fax)
Date:
February 24, 2005
To:
Planning Commission
From:
AdamW. Fulton, Planning Intern
Subject:
Zoning Code, Section 11.50, "Sexually Oriented Businesses"
In June of 2004, the Council passed a moratorium against the development of sexually
oriented businesses in the City. Staff has completed research of the issue and has determined
that the best method fo~ addressing sexually oriented businesses is through a licensing
ordinance combined with several zoning regulations.
.
,
The licensing ordinance is outside.the zoning code and does not require consideration by the
Planning Commission prior to being considered by the Council. The Council will hold a first
consideration of the ordinance on March 1. That ordinance, "Sexually Oriented Business
Licensing" relies somewhat on the Planning Commission's consideration of the ordinance
"Sexually Oriented Businesses".
The "Sexually Oriented Businesses" ordinance provides that no sexually oriented business
shall locate within 500 feet of any residential or institutional district in Golden Valley or
surrounding cities. Sexually oriented businesses will become permitted uses in the Industrial &
Light Industrial Districts. However, because there are certain uses allowed by Conditional Use
Permit (CUP) in those districts that are targeted at minors, sexually oriented businesses may
not locate within 500 feet of certain types of businesses. Likewise, if a sexually oriented
business was located within 500 feet of abuilding that was proposed for a use targeted at
minors, the CUP would be denied and the sexually oriented business could remain in its
existing location.
The proposed ordinance requires passage by the Planning Commission in an informal public
hearing before proceeding to the Council. The Council will hold a formal public hearing on the
ordinance at that time.
. Attachments: Section 11.50 "Sexually Oriented Businesses" Ordinance (5 pages)
Section 6.48 "Sexually Oriented Business Licenses" Ordinance (12 pages)
..
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CITY OF GOLDEN VALLEY
ORDINANCE NO. 2nd SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding Section 11.50 "Sexually Oriented Businesses",
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11, "Land Use Regulations" is amended by
adding Section 11.50 "Sexually Oriented Businesses", to read as follows:
Section 11.50. Sexually Oriented Businesses.
Subdivis'ion 1. Findings and Purpose. The Council finds it necessary
to regulate the location of Accessory Sexually Oriented Sales and Sexually
Oriented Businesses to ensure the health, welfare, and safety of the community
and to prevent any negative effects on neighborhoods surrounding any such
Accessory Sexually Oriented Sales and Sexually Oriented Businesses. The.
Council bases its action on reports including a report prepared by the MN State
Attorney General ~ntitled "Report of the Attorney General's Working Group on
the Regulation of Sexually Oriented Business" and similar reports completed for
and in the cities of Denver, Colorado, Kansas City, Missouri, New York, New
York, Rochester, New York, and Newport News, Virginia. These reports find
that:
A. Sexually oriented businesses have an impact on the neighborhoods
surrounding them which is distinct from the impact caused by other commercial
uses; and
B. Residential neighborhoods located within close proximity to adult
theaters, bookstores and other sexually oriented businesses experience
increased crime rates (sex-related crimes in particular), lowered property values,
increased transience, and decreased stability of ownership; and
C. The adverse impacts which sexually oriented businesses have on
surrounding areas diminish as the distance from the sexually oriented business
increases; and
D. Among the crimes which tend to increase either within or in the near
vicinity of sexually oriented businesses are rapes, prostitution, child molestation,
indecent exposure and other lewd and lascivious behavior; and
E. Many members of the public perceive areas within which sexually
oriented businesses are located as less safe than other areas which do not have
such uses; and
F. 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 sexually oriented businesses; and
G. The adverse impacts of sexually oriented businesses are exacerbated
when the uses are located near each other; and
I. There is a strong correlation between higher sex crime rates and the
location of sexually oriented businesses.
.
The purpose of this ordinance therefore is to regulate the location of Accessory
Sexually Oriented Sales and Sexually Oriented Businesses within the City based
on information from the Comprehensive Land Use Plan Map and the Zoning Map
of the City of Golden Valley.
Subdivision 2. Definitions. For purposes of this Section, these terms
shall be defined as follows:
.
A. "Accessory Sexually Oriented Sales" - Sales accounting for less than
five (5) percent of the floor area, up to a maximum of 50 square feet, of an
otherwise permitted business (not including storerooms, stock areas, bathrooms,
basements or any portion of the business not open to the public) devoted to
materials or persons depicting, exposing, describing, discussing or relating to
Specified Sexual Activities or Specified Anatomical Areas, and is available for
barter, rental, or sale for off the premises use only. Accessory Sexually Oriented
Sales do not include the sale of instruments, devices or paraphernalia which are
used or designed for use in connection with Specified Sexual Activities. In order
to qualify, Accessory Sexually Oriented Sales shall at all times be out of view by
any persons under the age of 18, and hereunder, they shall be restricted from
and prohibit access to persons under age eighteen (18) by physical separation,
except for sales of print media, which shall be displayed with a completely
opaque cover excluding the media's title, and shall be kept a minimum of five (5)
feet off the floor. Any business with accessory sexually oriented sales not
meeting the requirements of this definition shall be considered a Sexually
Oriented Business, subject to all requirements for such businesses.
B. "Sexually Oriented Business" - An inclusive term describing collectively
the following retail, entertainment, or service oriented businesses:
1. On-site entertainment provided by live entertainers characterized
by an emphasis on Specified Anatomical Areas or Specified Sexual Activities,
commonly known as, but not limited to, an Adult Cabaret, Adult Entertainment
Facility, Strip Club, Show Girls, Adult Modeling Studio, or a Lingerie Studio.
Such characteristics may be determined by advertising patterns or actual
performances.
2. Adult motion picture theatres with capacity greater than 50
persons, emphasizing or predominately showing movies depicting Specified
Anatomical Areas or Specified Sexual Activities as its regular and substantial
course of conduct.
.
3. Adult media stores wherein six (6) percent or more of its gross
public floor area or stock-in-trade consists of media including but not limited to
magazines, books, DVDs, videotapes, movies, slides, or CD-ROMs that are
characterized by their emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
.
.
.
4. Adult Video Arcades (Mini-Motion Picture Theater) that have
capacity for 50 or fewer persons and emphasize or predominately show movies
or clips depicting Sp,ecified Anatomical Areas or Specified Sexual Activities, often
in ser.ni-private viewing booths, as its regular and substantial course of conduct.
5. Sex Shops that are establishments offering goods for sale or rent
and meet one of the following criteria:
a. More than five (5) percent of a business's stock in trade or
gross public floor area consists of media characterized by emphasis on Specified
Sexual Activities or Specified Anatomical Areas; or
b. Sales of lingerie marketed or presented in a context to
suggest use for sadomasochistic practices; or
c. Sales of leather goods marketed or presented ina context to
suggest their use for sadomasochistic practices; or
d. Sales of instruments, devices, paraphernalia or general
retail products either designed as complete or partial representations of human
genital organs or female breasts, or designed or marketed primarily for use to
stimulate human genital organs.
C. "Specified Anatomical Areas" - Less than completely and opaquely
covered human genitals, pubic region or pubic hair, buttock, and female breast
below a point immediately above the top of the areola; or Human male genitals in
a discernibly turgid state even if completely and opaquely covered.
D. "Specified Sexual Activities" - Human genitals in a state of sexual
stimulation or arousal or acts of human masturbation, sexual intercourse,
sodomy, or fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
Subdivision 3. License Required. All Sexually Oriented Businesses
shall hold a License prior to opening to the public, per Section 6.48 of City Code.
Subdivision 4. Location.
A. Accessory Sexually Oriented Sales. Accessory Sexually Oriented
Sales shall be a permitted use in all Commercial Zoning Districts and no others.
At no point shall such sales exceed five (5) percent or 1 00 square feet of gross
public floor area, whichever is less, nor shall such sales exceed five (5) percent
of a business' stock in trade.
B. Sexually Oriented Businesses. Sexually Oriented Business shall be a
permitted use in Industrial and Light Industrial Zoning Districts. All Sexually
Oriented Businesses shall adhere to the following land use regulations:
1. No Sexually Oriented Business shall be within 500 feet of
another Sexually Oriented Business, as measured at the property line.
.
.
.
2. No Sexually Oriented Business shall be within 500 feet of any
Residential Zoning District, as measured at the property line, nor shall a Sexually
Oriented Business locate within 500 feet of any Residential Zoning District of any
City adjoining Golden Valley, as measured at the property line.
3. No Sexually Oriented Business shall be within 500 feet of any
Institutional Zoning District, as measured at the property line, nor shall a Sexually
Oriented Business locate within 500 feet of any Institutional Zoning District of any
City adjoining Golden Valley, as measured at the property line.
4. No Sexually Oriented Business shall be within 500 feet, as
measured at the property line, of any of the following Conditional Uses within the
Industrial or Light Industrial Zoning District:
a. Ball fields and other recreational facilities;
b. On-site daycare facilities;
c. Health, fitness and/or exercise facilities, including dance
studio, gymnastic training, weight lifting studio, aerobic exercise and
gymnasiums;
d. Child Care Facilities, as defined in this Chapter; and
e. Trade schools or Training Centers.
Subdivision 6. Variance Procedure. Any variance requests under this
Section for Sexually Oriented Businesses shall be heard only by the Council.
Such requests shall be heard at a regular Council meeting within 30 days of
receipt by the Director of Planning and Development of a completed Zoning
Code Variance Application. The Council shall adhere to the standards and
procedures for the variance requests established for the Board of Zoning
Appeals, in Subdivision 4, parts Band C of City Code Section 11.90 respectively.
Section 2. City Code Chapter 11 "Land Use Regulations" is amended by
adding the following item to Subdivision 3 of Section 11.35 "Light Industrial
Zoning District":
K. Sexually Oriented Businesses.
Section 3. City Code.Chapter 11. "Land Use Regulations" is amended by
adding the following item to Subdivision 3 of Section 11.36 "Industrial Zoning
District":
L. Sexually Oriented Businesses.
\.
Section 4. City Code Chapter 11 "Land Use Regulations" is amended by
changing item D, Subdivision 5, of Section 11.35 "Light Industrial Zoning District"
to read as follows:
,t
.
.
.
D. Except as provided herein, retail commercial uses, such as shopping
centers.
,
Section 5. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section
11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 6. This Ordinance shall take effect from and afterits passage and
publication as required by law.
Adopted by the City Council this
day of
,2004
Linda R. Loomis, Mayor
ATTEST:
Donald G. Taylor, City Clerk
.
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CITY OF GOLDEN VALLEY
ORDINANCE NO. 2nd SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding Section 6.48 "Sexually Oriented Business Licensing".
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. . City Code Chapter 6, "Other Business Regulation and Licensing"
is amended by adding Section 6.48 "Accessory Sexually Oriented Sales
Regulations and Sexually Oriented Business Licensing", to read as follows:
SECTION 6.48. SEXUALLY ORIENTED BUSINESS LICENSING.
Subdivision 1. Purpose. The City Council finds licensure necessary for
all Sexually Oriented Businesses to ensure the safety, health, and welfare of the
community and to ensure the careful compliance with land use regulations set
forth in Section 11.50 of the Zoning Code. Licensure is required due to the
nature and content of the products and services offered and sold within Sexually
Oriented Businesses, and due to any potential negative effects brought to a
community by a Sexually Oriented Business as outlined in Subdivision 1 of
Section 11.50 of the Zoning Code.
Subdivision 2. Definitions. For purposes of this Section, these terms
shall be defined as follows:
A. "Accessory Sexually Oriented Sales" - Sales accounting for less than
five (5) percent of the floor area, up to a maximum of 50 square feet, of an
otherwise permitted business (not including storerooms, stock areas, bathrooms,
basements or any portion of the business not open to the public) devoted to
materials or persons depicting, exposing, describing, discussing or relating to
Specified Sexual Activities or Specified Anatomical Areas, and is available for
barter, rental, or sale for off the premises use only. Accessory Sexually Oriented
Sales do not include the sale of instruments, devices or paraphernalia which are
used or designed for use in connection with Specified Sexual Activities. In order
to qualify, Accessory Sexually Oriented Sales shall at all times be out of view by
any persons under the age of 18, and hereunder, they shall be restricted from
and prohibit access to persons under age eighteen (18) by physical separation,
except for sales of print media, which shall be displayed with a completely
opaque cover excluding the media's title, and shall be kept a minimum of five (5)
feet off the floor. Any business with accessory sexually oriented sales not
meeting the requirements of this definition shall be considered a Sexually
Oriented Business, subject to all requirements for such businesses.
B. "Licensee" - Any person, sole proprietorship, partnership, or
corporation holding a license to operate a sexually oriented business.
.
C. "Licensed Premises" - Any location for which a license has been
granted by the Council for the operation of a sexually oriented business. Such a
location must be within those portions of the City approved for sexually oriented
business in Section ,11.50 of the Code.
D. "Premises" - Any business location not approved for the operation of a
sexually oriented business. Such designation shall not preclude the future
operation of a sexually oriented business.
E. "Sexually Oriented Business" - An inclusive term describing collectively
the following retail, entertainment, or service oriented businesses:
1. On-site entertainment provided by live entertainers characterized
by an emphasis'on Specified Anatomical Areas or Specified Sexual Activities,
commonly known as, but not limited to, an Adult Cabaret, Adult Entertainment
Facility, Strip Club, Show Girls, Adult Modeling Studio, ora Lingerie Studio.
Such characteristics may be determined by advertising patterns or actual
performances.
2. Adult motion picture theatres with capacity greater than 50
persons, emphasizing or predominately showing movies depicting Specified
Anatomical Areas or Specified Sexual Activities as its regular and substantial
course of conduct.
.
3. 'Adult media stores wherein six (6) percent or more of its gross
public floor area or stock-in-trade consists of media, including but not limited to,
magazines, books, DVDs, videotapes, movies, slides, or CD-ROMs that are
characterized by their emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
4. Adult Video Arcades (Mini-Motion Picture Theater) that have
capacity for 50 or fewer persons and emphasize or predominately show movies
or clips depicting Specified Anatomical Areas or Specified Sexual Activities, often
in semi-private viewing booths, as its regular and substantial course of conduct.
.
5. Sex Shops that are establishments offering goods for sale or rent
and meet one of the following criteria:
a.More than five (5) percent of a business's stock in trade or
gross public floor area consists of media characterized by emphasis on Specified
Sexual Activities or Specified Anatomical Areas; or
b. Sales of lingerie marketed or presented in a context to
suggest use for sadomasochistic practices; or
c. Sales of leather goods marketed or presented in a context to
suggest their use for sadomasochistic practices; or
d. Sales of instruments, devices, paraphernalia or general
retail products either designed as complete or partial representations of human
.
genital organs or female breasts, or designed or marketed primarily for use to
stimulate human genital organs.
F. "Specified Anatomical Areas" - Less than completely and opaquely
covered human genitals, pubic region or pubic hair, buttock, and female breast
below a point immediately above the top of the areola; or human male genitals in
a discernibly turgid state even if completely and opaquely covered.
G. "Specified Sexual Activities" - Human genitals in a state of sexual
stimulation or arousal or acts of human masturbation, sexual intercourse,
sodomy, or fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
Subdivision 3. License Required. No person may own, operate,.or
manage a Sexually Oriented Business within the City unless the person holds a
valid license under this Section. Such a license requirement is not intended to
and shall not unreasonably restrict the opportunity for Sexually Oriented
Businesses to locate in the City. A license shall not be required for Accessory
Sexually Oriented Sales.
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Subdivision 4. License Applications.
A. Procedure. The application for a license under this Section shall be
made on a form supplied by the City Manager. All forms shall be complete and
shall include all information requested, as follows:
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1. For all applicants:
a. Whether the applicant and owner is a natural person,
corporation, partnership, or other form of organization.
b. Name, address, phone number and date of birth of the
applicant or owner and the operator or manager of such operation who shall be
responsible for all code compliance, if different from applicant or owner.
c. The legal description and address of the premises where
the Sexually Oriented Business is to be located.
d. A floor plan of the premises which details all internal
operations and activities including a statement of the total floor space occupied
by the Sexually Oriented Business. The floor plan need not be professionally
prepared but must be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus or minus six (6)
inches.
e. A Site Plan of the premises for which the license is sought,
showing dimensions, locations of buildings, site and building lighting, street
access, and parking facilities.
f. A building elevation drawing which shows exterior
construction, proposed building signs, materials and colors of the proposed
Sexually Oriented Business. Signs for the Sexually Oriented Business shall be
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prohibited from displaying Specified Anatomical Areas or Specified Sexual
Activities.
g. The name of the business. If the business is to be
conducted under a designation, name, or style other than the name of the
applicant, a certified copy of the certificate required by Minn. Stat. 9333.01 shall
be submitted.
h. The activities and types of business to be conducted.
i. The intended hours of operation.
j. The names, residences and business addresses of three (3)
persons, residents of the state, of good moral character, not related to the
applicant or financially interested in the premises or business, who may be
referred to regarding the applicant's character.
, k. Whether all taxes due and owing on the premises to be
licensed have been paid.
I. Abstractor's Certificate of property ownership of the subject
parcel and all parcels within 500 feet of the subject parcel.
2. If the applicant is a natural person:
a. The name, place and date of birth, street and city address,
and phone number of the applicant and operator/manager.
b. Whether the applicant and operator/manager have ever
used or has been 'known by a name other than his/her name, and if so, the name
or names used and information concerning dates and places where used.
, c. The street and city addresses at which the applicant and
operator/manager have lived during the preceding two (2) years.
d. The type, name and location of every business or
occupation in which the applicant's spouse and operator/manger have been
engaged during the preceding two years and the name(s) and addresses of their
employer(s) and partner(s), if any, for the preceding two (2) years.
e. Whether the applicant, applicant's spouse and
operator/manager have ever been convicted of a felony, crime, or violation of any
ordinance other than for minor traffic movement violations. If so, they shall
furnish information as to the time, place, and offense for which there were
convictions.
3. If the applicant is a partnership:
a. The name(s) and addresses of all general partners
and the operator/manager and all of the information concerning each general
partner and the operator/manager that is required of applicants in (b) of this
Section.
b. The name(s) of the managing partner(s) and the interest of
each partner in the business.
c. A true copy of the partnership agreement shall be submitted
with the application. If the partnership is required to file a certificate as to a trade
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name pursuant to Minn. Stat. ~333.01, a certified copy of such certificate shall be
attached to the application.
4. If the applicant is a corporation or other organization:
. a. The name of the corporation or business form, and if
incorporated, the state of incorporation.
b. A true copy of the Certificate of Incorporation, Articles of
Incorporation or Association Agreement, and By-laws shall be attached to the
application. If the applicant is a foreign corporation, a Certificate of Authority as
required by Minn. Stat. ~303.06, shall be attached.
c. The name of the manager(s), proprietor(s), or other agent(s)
in charge of the business and all of the information concerning each manager,
proprietor or agent that is required of applicants in (b) of this Section.
d. A statement detailing any felony convictions by the owners
of more than five (5) percent of the issued and outstanding stock of the
corporation, and whether or not those owners have ever applied for or held a
license.to operate a similar type of business in other communities.
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B. Fees
1. Application Fee:
a. The annual license application fee shall be set by the
Council.
b. The license application fee shall be paid in full before the
application for a license is accepted. All fees shall be paid to the City Manager for
deposit into the general fund of the City. Fees shall be non-refundable.
c. When the license is for premises where the building is not
ready for occupancy, the time fixed for computation of the license fee for the
initial license period shall be 90 days after approval of the license by the issuing
authority or upon the date an occupancy permit is issued for the building.
2. Investigation Fee:
a. At the time of each original application for a license, the
applicant shall pay an investigation fee as set by the Council. If any investigation
outside the State of Minnesota is required, the applicant shall be charged the full
cost of any out-of-state investigation.
b. At any time an additional investigation is required because
of a change in the ownership or management, the Licensee shall pay all
additional investigation fees. If any investigation outside the State of Minnesota is
required, the applicant shall be charged the full cost of the out-of-state
investigation.
. c.lf at any time an additional investigation is required to obtain
an amendment to the license, the Licensee shall pay all additional investigation
fees.
C. Execution
1. If the application is that of a natural person, the application shall
be signed and sworn to by that person; if of a corporation, by an officer thereof; if
of a partnership, by one of the general partners; if of an unincorporated
association, by the manager or managing officer thereof.
2. Application for a license under this Section shall be submitted to
the City Manager. Within thirty (30) calendar days of receipt of a completed
application and payment of all licensing application fees, the City Manager or
his/her designee shall verify all information requested of the applicant in the
application including the ordering of criminal background checks, and conduct
any necessary investigation to assure compliance with this Section. The period
for investigation may be extended by the Council. if an out-of-state investigation is
required.
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D. Consideration and Appeals.
1. The Council shall accept or deny the license atter presentation of
a completed license verification and investigation report by the City Manager. If
the application 'is denied, the applicant shall be notified in writing by certified mail
at the address provided on the application form. Such notice shall inform the
applicant of the his/her right to request an appeal before the Council within
twenty (20) business days of the license denial or his/her right to immediately
challenge a license denial in a court of law. The Council shall hear the appeal at
the first scheduled meeting following the completion and submittal of a Request
for Appeal form provided the applicant by the City Manager.
2. If the Council grants a license for a location where a building is
under construction or not ready for occupancy, the license shall not be delivered
to the Licensee until a Certificate of Occupancy has been issued for the licensed
premises.
Subdivision 5. Basis for Denial. The City Manager shall issue a license
pursuant to a resolution of Council granting said license. Such a resolution shall
be based on the findings that none of the following conditions exist with respect
to the applicant:
A. The applicant is under the age of twenty-one (21) at the time the
application is submitted;
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B. The applicant failed to supply all of the information requested on the
license application;
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C. The applicant or applicant's spouse is overdue in his/her payment of
City, County or State taxes, fees, fines ~r penalties;
D. The appl.icant gave false, fraudulent, or untruthful information on the
license application;
E. The applicant, spouse, or anyone residing with the applicant has had a
Sexually Oriented Business license revoked or suspended or has been denied a
license to operate an Sexually Oriented Business within a one year period
immediately preceding the date the application was submitted;
F. The applicant or spouse.has had a conviction of a felony or a gross
misdemeanor or misdemeanor relating to sex offenses, obscenity offenses, or
adult uses in the past five years;
G. The applicant has an operator or manager who is not eligible for a
license pursuant to this Section;
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H. The spouse of the applicant is ineligible for a license pursuant to this
Section or the applicant is not the real party in interest or beneficial owner of the
Sexually Oriented Business operated, or to be operated, under the license;
I. The Sexually Oriented Business does not meet all of the requirements
prescribed in the City Code, Building Code, Fire Code, this Section and all
provisions of State and Federal laws; or
J. The premises to be licensed as an Sexually Oriented Business is
currently licensed by the City as a Massage Therapy Business under Chapter 6
of the City Code, or an establishment licensed to sell alcoholic beverages under
Chapter 5 of the City Code.
Subdivision 6. License Renewal.
A. All licenses issued under this Section shall expire on December 31 of
each year. Applications for the renewal of an existing license shall be submitted
to the City Manager no later than November 1 of each year.
B. Within thirty (30) calendar days of receipt of a fully completed renewal
application, the City Manager or his/her designee shall verify all information
requested of the applicant in the renewal application, including the ordering of
criminal background checks, and shall conduct any necessary investigation to
assure compliance with this Section. The Council shall then proceed to issue a
renewal license within sixty (60) days of receipt by the City Manager of a fully
completed renewal application, except in cases where Licensee is found to be
out of compliance with this Section.
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C. If the Council denies a renewal application, the City Manager shall
notify the applicant by regular mail, stating the grounds for denial and means for
appeal to either the Council or a court of law.
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I D. If the City denies renewal of a license under this Section, the applicant
shall not be issued a license under this Section for one year from the date of
denial.
Subdivision 7. Scope.and General Requirements of License.
A. Business Location.
1. Posting of license. A license issued under this Section must be
posted in a conspicuous place in the licensed premises for which it is used.
2. Scope of license. A license issued under this Section is only
effective for the compact and contiguous space specified in the approved license
application.
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3. Maintenance of Order. A Licensee and Licensee's designated
operator or manag~r under this Sec~ion shall be responsible for the conduct of
the business being operated. This shall require an operator or manager to be on
the licensed premises during all hours when the business is open to the public.
He/she shall be observant of any illegal activity taking place on or near the
licensed premises, including but not limited to prostitution, public indecency,
indecent exposure, disorderly conduct, or the sale or use of illegal drugs. He/she
shall immediately notify the City Police Department upon witnessing any said
illegal activity. Any omission of notification of illegal activity to the operator or
manager by an employee or independent contractor shall be considered an act of
omission by the Licensee and shall result in Sanctions against the Licensee.
B. License Transfer Restrictions. A license granted under this Section
is for the person and the licensed premises named on the approved license
application. No license may be transferred from place to place, person to person,
or corporation to corporation. Any sale, purported transfer or relocation shall
require a new application and approval under the terms hereof before the
business may operate. No Sexually Oriented Business may operate without a
valid license.
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C. Change in Partnership, Corporation, or Association.
1. Licenses issued to corporations, associations, and partnerships
shall be valid only so long as there is no change in the officers, ownership, or
management of the corporation, unless such change is approved by the Council,
in which event said license shall continue in force until the end of the current
year. The Council requires sixty (60) days notice prior to any change in officers,
ownership, or management to give reasonable consideration to any such
changes' effects. Said notice shall require all application information required on
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the license application for any new officers, owners, or managers. Said notice
shall designate an interim officer, owner, or manager.
2. The designation of a new operating officer shall not cause the
corporation's license to become invalid before a decision is rendered by the
Council provided proper notice and application are completed. Aproposed new
operating officer shall be referred to as the interim operating officer. In the event
an interim operating officer is rejected by the Council, the corporation shall
designate another interim operating officer and make the required application
within fifteen (15) calendar days of the Council's decision.
D. Change in Building, Premises, and Character of Business. An
application for approval of any proposed enlargement, change in character of the
establishment, or extension of previously licensed premises shall be.made to the
City Manager before the application is made for a building permit for any such
change. Such alterations require an amendment to the license. A building
permit shall not be issued until the Council approves an amendment to the
license.
E. Hours of Operation. No licensed premises shall be open to the public
for business between the hours of 1 :00 AM and 10:00 AM.
.
F. Restriction Regarding Persons under Age Eighteen (18). Licensee
shall not allow persons under the age of eighteen (18) to enter the licensed
premises. Licensee shall require age identification from all persons entering
licensed premises, unless Licensee knows said persons to be over the age of
eighteen (18). Should persons under age eighteen (18) enter the licensed
premises, Licensee shall immediately remove said persons from the licensed
premises or shall be sanctioned as outlined in this Section.
G. Sanitation and Health.
1. Partitions Facilitating Sexual Activity. A Licensee under this
Section shall not allow any partition between a subdivision, portion, or part of the
licensed premises having any aperture which is designed or constructed to
facilitate Specified Sexual Activities between persons on either side of the
partition.
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2. Restrictions on Booths, Stalls, and Partitions. A Licensee under
this Section shall not have on the licensed premises any booths, stalls, or
partitions used for the viewing. of motion pictures or other forms of entertainment
that have doors, curtains, or portal partitions, unless such booths, stalls, or
partitions have at least one side open to an adjacent public room so that the area
inside the booth, stall, or partition is visible to persons in the adjacent public
room. Such booths, stalls, or partitions shall be well lit and visible from the
adjacent public rooms. Reclining surfaces inside booths, stalls, or partitions are
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prohibited. Such booths, stalls, or partitions shall only be occupied by one person
at a time.
3. Distpnce Requirement for Live Adult Entertainment. All
performers, dancers, and persons providing live entertainment distinguished or
characterized by an emphasis on matters depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas in the licensed
premises or in areas adjoining the licensed premises where such entertainment
can be seen by patrons of the licensed premises shall remain at all times a
minimum distance of ten (10) feet from all patrons, customers, or spectators and
shall dance or provide such entertainment on a platform intended for that
purpose, which shall be raised at least two (2) feet from the level of the floor on
which patrons or spectators are located.
4. Interaction with Patrons. No person providing live entertainment
distinguished or characterized by an emphasis on matters depicting, describing,
or relating to Specified Sexual Activities or Specified Anatomical Areas in the.
licensed premises ,shall come into physical contact with any spectator or patron.
5. Duty to Supervise. The Licensee shall not permit Specified
Sexual Activities to take place on the licensed premises and shall be responsible
for supervision of the licensed premises and prevent any such activities.
H. Right of Inspection. Prior to issuance of an initial license or renewal
license, a health inspector, police officer, building inspector or a City designee
must inspect the licensed premises for compliance with this Section and
applicable-building and health codes. Any health inspector, police officer, building
inspector or any properly designated officer or employee of the City shall have
the unqualified right to enter, inspect and search the licensed premises of any
Licensee hereunder at any time without a warrant.
Subdivision 8. Sanctions for Violations.
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cannot show competent evidence of sufficient rehabilitation and present fitness to
perform the duties required by the occupation or business conducted by the
Licensee upon the licensed premises as defined by Minnesota Statutes, Section
364.03, Subdivision 3.
5." Conduct of business or operation upon the licensed premises in
an unlawful manner or in such a manner as to constitute a breach of the peace or
to constitute a menace to the health, safety, or general welfare of the community.
B. Revocation. The City Council may revoke a license if the City Council
determines that:
1. The Licensee's license was suspended in the preceding fourteen
(14) months and an additional cause for suspension as detailed in Subdivision
8A above is found by the City Council to have occurred within the fourteen (14)
month period; "
2. The Licensee gave false or misleading information in the material
submitted to the City during the application process;
3. A Licensee or an employee or independent contractor of the
Licensee has knowingly allowed possession, use, or sale of controlled
substances on the licensed premises;
4. A Licensee or an employee or independent contractor has
knowingly allowed prostitution on the licensed premises;
5. A Licensee violated any of the provisions of Minnesota Statutes
Section 617.241-617.299 relating to the illegal distribution, possession, or sale of
obscene materials;
6. A Licensee or an employee knowingly operated the Sexually
Oriented Business during a period of time when the Licensee's License was
suspended.
7. A Licensee or Licensee's operator or manager has been convicted
of an offense listed in Subdivision 9 (F) of this Section for which the time periOd
required has not elapsed;
8. On two or more occasions within a twelve (12) month period, a
person or persons committed an offense occurring in or on the licensed premises
of a crime listed in this Section for which a conviction has been"obtained, and the
person or persons were employees or independent contractors of the Licensee at
the time the offenses were committed;
9. A Licensee or an employee or independent contractor of the
Licensee has knowingly allowed specified sexual activities to occur in or on the
licensed premises; or
10. A Licensee is delinquent in payment to the City, County, State or
Federal Governments for hotel occupancy taxes, ad valorem taxes, sales taxes,
real property taxes or other financial obligations.
C. Hearing Procedures. A revocation or suspension shall be preceded by
written notice to the Licensee and a public hearing before the City Council.The
notice shall give at least eight days notice of the time and place of the public
hearing and shall state the nature of the charges against the Licensee. The
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notice shall be mailed to the Licensee at the most recent address listed on the
application.
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Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section
6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by
reference, as though. repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this
ATTEST:
Donald G. Taylor, City Clerk
day of
,2004
Linda R. Loomis, Mayor