11.50 - Sexually Oriented Businesses
9 11.50
Section 11.50: Sexually Oriented Businesses
Subdivision 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 Minnesota State Attorney General entitled "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
H. There is a strong correlation between higher sex crime rates and the location
of sexually oriented businesses.
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9 11.50
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
percent (5%) of the floor area, up to a maximum of fifty (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
eighteen (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 theaters with capacity greater than fifty (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 percent (6%) 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.
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4. Adult Video Arcades (Mini-Motion Picture Theater) that have capacity for
fifty (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 percent (5%) 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.
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 percent (5%) or one hundred (100) square
feet of gross public floor area, whichever is less, nor shall such sales exceed
five percent (5%) of a business' stock in trade.
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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 five hundred (500) feet of
another Sexually Oriented Business, as measured at the property line.
2. No Sexually Oriented Business shall be within five hundred (500) feet of
any Residential Zoning District, as measured at the property line, nor
shall a Sexually Oriented Business locate within five hundred (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 five hundred (500) feet of
any Institutional Zoning District, as measured at the property line, nor
shall a Sexually Oriented Business locate within five hundred (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 five hundred (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
e. Trade schools or Training Centers
Subdivision S. 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 thirty (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.
Source: Ordinance No. 326, 2nd Series
Effective Date: 4-15-05
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