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HomeMy WebLinkAbout2071-96 - ADMIN Ordinance - City Council - 1996/07/1541 ORDINANCE NO. 2071-96 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE PART 4 AMUSEMENT AND ENTERTAINMENT RELATED TO SEXUALLY ORIENTED BUSINESSES BY ADDING SECTIONS 13-480 THROUGH 13-492 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sect. 1. The City has considered the Task Force Report on Sexually Oriented Businesses prepared by the Staffs of the City of Minnetonka, MN; City of St. Louis Park, MN and City of Shakopee, MN dated March 1996. WHEREAS, the City of St. Louis Park "City" recognizes the sanctity and fundamental nature of free speech; and WHEREAS, the City does not intend to regulate or ban speech based on content; and WHEREAS, the City has reviewed the State Attorney General's "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses" dated June 6, 1989, which details the effects and impacts of sexually oriented businesses; and studies conducted by six cities, (collectively referred to as "the studies"); and WHEREAS, the City of St. Louis Park is similar to the cities in the Attorney General's study and similar to several of the six cities which conducted studies, and because of these similarities may experience the same impacts from sexually oriented businesses; and WHEREAS, the City has a right to rely upon the experience of other similar cities in adopting regulations to prevent or mitigate the potential impact of sexually oriented businesses; and WHEREAS, the City is not required to wait until secondary impacts occur before adopting regulation to prevent against the possibility of their occurrence; and WHEREAS, the studies demonstrated that sexually oriented business have an impact on the neighborhoods surrounding them distinct from the impact caused by other uses; and WHEREAS, the studies demonstrated that residential neighborhoods located within close proximity to sexually oriented businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability or ownership; and WHEREAS, the studies have shown that 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 WHEREAS, the studies show that sexually oriented businesses can contribute to - . an increase in criminal activity in the area in which such businesses are located, increasing the demands on City crime -prevention programs and law enforcement services; and WHEREAS, certain types of sexually oriented businesses can be used as fronts for prostitution and other criminal activity, and the experience of other cities indicates that proper management and operation of such businesses can minimize this risk; and WHEREAS, the 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 sexually oriented businesses; and WHEREAS, the studies of other cities have shown that commercial properties which are located in close proximity to sexually oriented businesses experience difficulty retaining and attracting customers and employees and difficulty leasing and keeping desirable tenants; and WHEREAS, the studies of other cities have shown that neighborhoods in close proximity to sexually -oriented businesses experience deteriorated neighborhood appearance and an increase of litter and graffiti; and WHEREAS, the adverse impacts of sexually oriented businesses are exacerbated when the businesses are located near each other; and WHEREAS, the adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented use increases; and WHEREAS, sexually oriented businesses are not appropriate in or near locations designed to attract children, such as parks, schools, recreation areas, libraries, and churches; and WHEREAS, the presence of liquor establishments in the immediate vicinity of sexually oriented businesses also compounds the adverse impacts on the neighborhood; and WHEREAS, the experiences of other cities discussed in the studies indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design 2 1 r 4 and use of the premises, thereby endangering not only the patrons of such establishments but also the general public; and WHEREAS, the risk of criminal activity, public health and safety problems can be minimized through a licensing and regulatory scheme as prescribed below; and WHEREAS, because of the experience of the cities which conducted studies and because several of these cities are similar to St. Louis Park, the City Council finds it is appropriate to adopt licensing regulations to guard against the potential of secondary impacts occurring. NOW THEREFORE, Sec. 2. The St. Louis Park Municipal Code is hereby amended by adding the following Sections 13-480 through 492: Sexually Oriented Businesses Section 13-480. Purpose and Intent. 1) The purpose of Sections 13-480 through 13-492 is to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City, to prevent criminal activity, and to guard against the inception and transmission of disease, and to establish reasonable and uniform regulations. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. 2) The City Council further finds that experience from other cities demonstrates that sexually oriented businesses conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting or endangering the health, safety, and welfare of members of the community by being the sites of acts of prostitution, illicit sex, and occasions of violent crimes, thus requiring close inspection, licensing, and regulation. Section 13-481. Prohibition` No person shall operate a sexually oriented business except in conformity with the provisions of Section 13-480 through 13-492 of this Ordinance. Section 13-482. Definitions. For the purpose of this ordinance, the following words and terms have the meanings given them except as provided otherwise in Section 13-483: 1) "High impact sexually -oriented business" means any business with materials or entertainment provided to the public which are principally related to sexual stimulation or gratification other than an limited impact sexually -oriented business. Examples of a high impact sexually -oriented business include the following: a. a business where sexually oriented materials are sold, bartered, distributed, leased, furnished, exhibited, or otherwise provided for use or entertainment on the business premises; b. a business where specified sexual activities (as defined herein) are explicitly verbally described or shown; c. a business where specified anatomical areas (as defined herein) are explicitly verbally described or shown; d. a business providing sexually oriented materials for off-site use or entertainment, which has a separate area but does not meet the size or other restrictions to qualify as an limited impact sexually - oriented businesses; and e. a business providing sexually oriented materials for off-site use or entertainment, where the sexually oriented materials are dispersed within the business rather than isolated in a separate area. 2) "Limited impact sexually -oriented business" means a business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided to the public, and which meets the following restrictions: a. all sexually oriented materials must be provided for use or entertainment off the business premises only; b. all sexually oriented materials must be provided from a separate area to which persons under the age of 18 are prohibited access; c. the separate area may not exceed a maximum of 20% of the retail floor area of the establishment, or 300 square feet, whichever is less; 1 d. no person outside the separate area shall be able to perceive or observe any sexually oriented materials at any time, including when someone is entering or exiting the separate area, shopping, or purchasing sexually oriented materials; e. a sign must be displayed on the entrance to the separate area, which shall read: "No person under the age of 18 is allowed in this area." The sign letters shall be a minimum of 2 inches high; and f. the entry into the separate area shall be visible to an employee of the business at all times. 3) "Off -Site Consumption" means any limited impact sexually -oriented business or any high impact sexually oriented business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for use or entertainment off the business premises only. 4) "On -Site Consumption" means any high impact sexually oriented business where sexually oriented materials or entertainment, which are principally related to sexual stimulation or gratification, are offered on the business premises. 5) "Sexually oriented business" means any limited impact sexually - oriented business or any high impact sexually -oriented business. 6) "Sexually oriented materials" means visual, printed, or aural materials, and other objects or devices, which: a. contain, depict, or describe specified sexual activities or specified anatomical areas, b. are marketed for use in conjunction with, or are primarily used only with or during, the specified sexual activities described in F.2, F.3, or F.6 below, or as part of the binding, fettering, or other physical restraint described in F.5 below. 7) "Specified anatomical areas" means a. less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and b. human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. 5 8) "Specified sexual activities" means - a. actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; b. actual or simulated masturbation; c. actual or simulated sadism or masochism; d. actual or simulated sexual stimulation of any kind; e. situations involving a person who is nude, clad in undergarments, or in a revealing costume, and who is engaged in activities involving binding, fettering, or other physical restraint of that or another person; and f. sexually oriented touching of an animal by a human. Section 13-483. Exceptions. Sections 13-480 through 13-492 do not regulate the following:: 1) Any material with significant literary content or social commentary. 2) A business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if (1) the material harmful to minors on each item is blocked from view by an opaque cover as required under Minn. Stat:'Sec: 617.293, and (2) each item is behind the counter and accessible only by an employee of the business. 3) Any person or organization exempted under Minn. Stat. Sec. 617.295. 4) Any activity regulated under Minn. Stat. Sec. 617.251. 5) Displaying works of art showing specified anatomical areas, so long as no sexually oriented materials are for sale, and the business does not have a liquor license. 6) Movies rated G, PG, PG 13, or R. Section 13-484. License Required. No person shall operate a high impact sexually oriented business which offers sexually oriented materials or entertainment for on-site consumption within the City of St. Louis Park unless the person is currently licensed under this Ordinance. Licenses are defined in this Ordinance Code. 6 1 Section 13-485. Issuance of License, 1) The City Manager shall approve the issuance of a license by the City Clerk to an applicant within 60 days after receipt of an application unless the City Manager finds one or more of the following to be true: A) The applicant is under 18 years of age at the time the application is filed; B) An applicant is delinquent in the applicant's payment to the City of taxes, fees, fines, or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business. C) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. D) An applicant has been convicted of any crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the owner, operator, or manager of a sexually -oriented business under Minnesota Statues, Section 364.03, Subdivision 3, or a person not of good moral character and repute; E) An applicant is residing with a person who has been denied a license by the City to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months. F) The premises to be used for the sexually oriented business have not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances or are ineligible under Section 13-486. G) The application fee and/or license fee required by this Section have not been paid. H) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that the applicant is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. I) An applicant or the proposed establishment is in violation of or is not in compliance with this Ordinance or the City's Zoning Ordinance. J) An applicant or an applicant's spouse has been convicted of a crime: nrr i) Involving any of the following offenses described in Minnesota Statutes Chapters 609 or 617: a) prostitution as described in Minn. Stat. 609.321; b) solicitation, inducement of promotion of prostitution as described in Minn. Stat. 609.322; c) receiving profit derived from prostitution as described in Minn. Stat. 609.323; d) other prohibited acts relating to prostitution as described in Minn. Stat. 609.324; e) obscenity as described in Minn. Stat. 617.241; f) sale, dissemination, distribution, display or exhibition of harmful material to minors as described in Minn. Stat. 617.293 and 617.294; g) sexual performance by a child as described in Minn. Stat. 617.246; h) dissemination or possession or child pornography as described in Minn. Stat. 617.247; i) indecent exposure as described in Minn. Stat. 617.23; j) criminal sexual conduct as described in Minn. Stat. 609.342, 609.343, 609.344, and 609.345; k) incest, as described in Minn. Stat. 609.365; or 1) criminal attempt, conspiracy, or solicitation to commit any or the foregoing offenses; ii) for which: a) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; b) less than five years have elapsed since the date of conviction of the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or 1 c) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 - month period. K) in the judgment of the City is not the real party in interest or the beneficial owner of the business operated under the license; L) has had a license for a sexually -oriented business or similar business revoked anywhere within five years of the license application; or 2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. Section 13-486. Places ineligible. No license shall be issued for: 1) Any place or any business ineligible for a license under City Ordinance or State law; 2) Operation in a zoning district where the business is not allowed pursuant to the City Zoning Ordinance; 3) A place or business which is currently licensed as a pawnshop, massage business, or establishment which sells alcoholic beverages. 4) • A place which does not meet location criteria in Section 13-490 Section 13-487. Application for License, 1) Every person desiring a license to operate a sexually oriented business shall file an application on a form provided by the City with the City Clerk. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches. A drawing showing the parcel upon which the business is to be located and the location of all residential zoning districts; other sensitive land uses including day care centers, parks, schools, 9 libraries, and religious institutions; other sexually oriented businesses; and establishments which hold a liquor license within 350 feet. 2) The applicant must be qualified according to the provisions of this Section and the premises must be inspected and found to be in compliance with the law by the fire department and building official. 3) No person shall make a false statement or material omission in a license application. Every person shall cooperate in a license investigation. Any false statement or material omission shall be grounds for denial, suspension, or revocation of a license. 4) If a person who wishes to operate a sexually oriented business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 13-485 and each applicant shall be considered a licensee if a license if granted. 5) Throughout the period of the license, the licensee shall have the continuing duty to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for a license. Failure to comply with this Section shall constitute cause for revocation or suspension of the license. 6) The application for the renewal of any existing license shall be made at least 90 days prior to the date of the expiration of the license and shall be made in the form that the City Council shall require. Section 13-488. Fees and Expiration Date. 1) All licenses are issued for a period of one year. The license period is from January 1 to December 31. License fees shall not be prorated. 2) Every applicant for a license for a sexually oriented business shall pay to the City an application fee and a license fee at the time the application is filed. a) The application fee shall be $500. This fee shall be used for the purpose of conducting a preliminary background and financial investigation of the applicant. If the City Manager believes that the public interest so warrants, it may require a 10 1 r similar fee at the time of renewal of any license. There shall be no refund of the application fee for any person after the investigation has begun. b) The annual fee for a high impact sexually oriented business shall be payable in two equal installments; the second installment shall be payable on or before July 1 of each year. Failure to pay the second installment of the license fee when due shall be cause for revocation of any high impact sexually oriented business license. The annual license fee shall be: Floor area in square feet 0 - 3000 3001-6000 6001-10000 On-site consumption $ 4,000 $ 4,500 $ 5,000 Section 13-489. Suspensions And Revocations Of License, 1) • Any finding of a violation or conviction thereof of a provision of this Ordinance after notice and hearing as provided for in Section 13-115 of this Code, shall result in suspension or revocation of the business' license and/or a civil fine of not more than $2000 per violation. In the case of a suspension, the period shall not exceed 60 days per violation. A finding of a violation shall also constitute the basis for not renewing a business' license for a period of up to 2 years. 2) Any conviction of a sex crime, as identified in Minn. Stat. Sec. 609.293 through 609.352, 309746 through 609.749, 609.79, 518B.01, or related statute dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse by the licensee shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. Section 13-490. Conditions of License. Every license is subject to the conditions in this Section, all other provisions of this ordinance, and of any other applicable regulations, ordinance or State law. Every licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of any employee of the licensee is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. Every license must be posted in a conspicuous place in the premises for which it is used. In addition, the following restrictions and regulations shall apply - 11 1) Location of a High impact sexually -oriented business. A. A high impact sexually -oriented business may locate only in those Zoning Districts allowed in the St. Louis Park Zoning Ordinance. B. A high impact sexually -oriented business may locate only on property specifically allowed in the St. Louis Park Zoning Ordinance. 2) Operation of Business. A. Both the owner and manager of a sexually oriented business shall be responsible for the conduct of their employees and for compliance with this Section. B. No owner or manager of a sexually oriented business shall employ a person under the age of 18. 3) Restrictions and Regulations for a High impact sexually -oriented business. A high impact sexually -oriented business is subject to the following restrictions and regulations: A. No owner, manager, or employee shall allow any sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. B. No owner, manager, or employee of a high impact sexually - oriented business shall have been convicted of a sex crime, as identified in Minn. Stat. Sec. 609.293 through 609.352, 609.746 through 609.749, 609.79, 518B.01, or related statute dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse. C. The business owner, manager, or employee shall assure that no person under the age of 18 enters the business. D. No owner, manager, or employee shall allow any person under the ' age of 18 to have access to sexually oriented materials, whether by sight, purchase, touch, or any other means. E. No owner, manager, or employee may sell or display for sale any sexually oriented materials except in original unopened packages. F. Each business shall display a sign on its main entrance door which reads: "This business sells sexually oriented material or 12 1 entertainment. Persons under the age of 18 are prohibited from entering." The sign letters shall be a minimum of 2 inches high. G. No business may have a license under Chapter 13 Part 3 of the City Code, and no alcoholic beverages may be consumed in the business. H. No business shall exceed 10,000 square feet in gross floor area. I. No patron, employee, or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. J. Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. K. No business shall have any booths, stalls, or partitions whether constructed with walls or the arrangement of objects which separate any area from a general public room. The restrictions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager, or employees of the business, if such storage rooms or offices are used solely for running the business and no person other than the owner, manager, and employees is allowed in the storage rooms or offices. Section 13-491 Appeal. 1) If the City Manager denies the issuance of a license, or suspends, or revokes a license, the City Manager shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action, and the right to an appeal. The aggrieved party may appeal the decision of the City Manger to the City Council within 10 days of receiving notice of the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the City Council makes a final decision. 2) Procedure. The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, report findings of fact and recommendation for disposition to the Council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have 13 the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Council shall make a final decision. 3) Additional Requirements. The City Council may condition denial, suspension, revocation, or non -renewal of a license upon appropriate terms and conditions. Section 13-492 Transfer of License, 1) A licensee shall not transfer a license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. 2) In the case of the death of a licensee, the personal representative of a licensee may continue operation of the business for not more than 90 days after the licensee's death. Sec. 2. Effective Date. This ordinance shall take effect 15 days after its publication ATTEST: ts••7,-f\.-<, ,) C' Clerk Reviewed by administration: 7481 RES9 Adopted b the City Council July 15, 1996 14 ayor Approved as to form and execution: i City A orney 1 STATE OF MINNESOTA) SS kid :Ad TO ssrLLnvn SL►Po S1n•S.in AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Denis L. M i n d a k , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun -Sailor which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A 02, 331A 07, and other applicable laws, as amended (B)The pnnted Summary of Ordinance No. 96-2071 , and has full knowledge of the facts which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Wednesday the 24 day of Jul Y , 1996 , and was thereafter printed and published on every to and Including P- , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghgldmnopgrstuvwxyz Acknowledged before me on this 24 day of Ju BY. TITLE: y City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 96-2071 AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL CODE PART 4 AMUSEMENT AND ENTERTAINMENT RELATED TO SEXUALLY ORIENTED BUSINESSES BY ADDING SECTIONS 13.480 THROUGH 13-492 This ordinance adds language to the Municipal Code which requirg,s High Impact Sexually Oriented Businesses to be licensed This license requirement establishes rea- sonable and uniform regul'ation's - for the purpose of pro- moting the health, safety, morals, and general welfare of the citizens of the City, preventing criminal activity, and guarding against the inception and transmission of dis- ease This ordinance shall take effect 15 days after publica- tion Adopted by the City Council July 15,1996 /s/Gail Dorfman Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (July 24, 1996)A3/Ord 96-2071 - SLP Publisher 1996 Nota aw``�‘”v^aso__. �.o��InEL M HEDBLOM NOTARY r JBIJC - MINNESOTA HENNEPIN COUNTY t ; Commission _xplres Jan 31, 2000 RATE INFORMATION (1) Lowest classified rate pard by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2 15 per line 5 95 per line 1 09 per line