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HomeMy WebLinkAbout96-2063 - ADMIN Ordinance - City Council - 1996/05/20ORDINANCE NO. 96-2063 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-3, 14:5-5.2, 14:5-5.3, 14:5-6.2, 14:5-7.2 and 14:5-7.3 RELATED TO SEXUALLY ORIENTED BUSINESSES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council 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, 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 WHEREAS, the City also has reviewed and relies upon studies from six cities; and WHEREAS, the City of St. Louis Park is similar to the cities in the Attorney General's study and the studies of six cities, and will experience the same impacts from sexually oriented businesses; and WHEREAS, sexually oriented business have an impact on the neighborhoods surrounding them distinct from the impact caused by other uses; and WHEREAS, 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 adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented use increases; and i R WHEREAS, studies of other cities 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, sexually oriented businesses are not appropriate in or near locations areas designed to attract children, such as parks, schools, recreation areas, libraries, and churches; and WHEREAS, 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, 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, studies of other cities have shown that a decreased stability of ownership occurs to properties when the property is located in close proximity to sexually -oriented businesses; and WHEREAS, 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 presence of liquor establishments in the immediate vicinity of sexually oriented businesses also compounds the adverse impacts on the neighborhood; and WHEREAS, sexually oriented businesses can increase the risk of exposure to communicable diseases, including but not limited to Acquired Immune Deficiency Syndrome (AIDS), for which currently there is no cure; and WHEREAS, the risk of public health and safety problems can be significantly reduced by careful regulation of such businesses. Sec. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 96-6-ZA) Sec. 3. Purpose In order to protect the City's community image, property values, public health, safety, welfare and business environment, the City has found it necessry to restrict which businesses may locate within the City, and to regulate certain businesses. Only those businesses with potential secondary impacts on neighboring properties and the City are intended to be regulated. This Section is not intended to restrict or regulate art. 2 r F 1 Sec. 4. The St. Louis Park Ordinance Code, Sections 14:5-3, 14:5-5.2, 14:5-5.3, 14:5-6.2, 14:5-7.2 and 14:5-7.3 is hereby amended to read as follows: Section 14:5-3.2 LAND USE DESCRIPTIONS D. COMMERCIAL USES Delete Adult Use Renumber uses 2-28 to 1-27 Add No. 28 - Sexually Oriented Businesses 28. SEXUALLY ORIENTED BUSINESS - any limited impact sex -oriented business or any high impact sex -oriented business. a. "Limited impact sexually -oriented business" is a business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided, and which meets the following restrictions: i. all sexually oriented materials must be provided for use or entertainment off the business premises only; ii. all sexually oriented materials must be provided from a separate area to which persons under the age of 18 are prohibited access; iii. 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; iv. 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; v. 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 vi. the entry into the separate area shall be visible to an employee of the business at all times. b. "High impact sexually -oriented business" is any business with materials or entertainment which are principally related to sexual stimulation or gratification other than an limitedimpact sex -oriented business. Examples of a high impact sex -oriented business include the following: rt� i. a business where sexually oriented materials are sold, bartered, distributed, leased, furnished, exhibited, or otherwise provided for use or entertainment on the business premises; ii. a business where specified sexual activities (as defined herein) are explicitly verbally described or shown; iii. a business where specified anatomical areas (as defined herein) are explicitly verbally described or shown; iv. 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 v. 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. c. For the purpose of this subsection, the following definitions shall apply: i. "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. ii. "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. iii. "Specified sexual activities" means a. actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; 4 1 r 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. d. Sexually Oriented Businesses exclude the following: i. Any material with significant literary content or social commentary. ii. 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. Displays of sexually oriented materials may occur up to six times per year without rendering a business a high impact sex -oriented business, if the displays are limited to an area which has been leased to a person or business for their exclusive occupancy for a private party, and the only people in attendance have received advance invitation from that person or company. iv. Any person or organization exempted under Minn. Stat. Sec. 617.295. v. Any activity regulated under Minn. Stat. Sec. 617.251. vi. Any business may display 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. vii. Movies rated G, GP, PG13, or R. Section 14:5-5.2. C (page 142 add Number 22), Section 14:5-5.3. C (page 153 add Number 22), Section 14:5-6.2. C (page 169 add Number 20) USES PERMITTED WITH CONDITIONS. Add the following: Limited impact sex -oriented business, Conditions: 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. The business owner, manager, or employee shall assure that no person under the age of 18 enters the separate area where sexually oriented materials are provided. C. No owner, manager, or employee shall allow any person under the age of 18 to have access to any sexually oriented materials, whether by sight, purchase, touch, or any other means. D. No owner, manager, or employee may sell or display for sale any sexually oriented materials except in original unopened packages. E. No business may have a license under Chapter 13 of the City Code other than an off -sale license for nonintoxicating malt liquor. A. Both the owner of a sexually oriented business and the manager of the 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 of18. C. No owner, manager, or employee of a sexually oriented business shall have been convicted of violating this Section three or more times within 24 months. Section 14:5-5.2. C (page 142 add Number 23), Section 14:5-5.3. C (Page 153 add Number 23), Section 14:5-6.2.0 (page 169 add Number 21), Section 14:5-7.2.0 (page 184 add Number 8) USES PERMITTED WITH CONDITIONS. Add the following: 4. HIGH IMPACT SEXUALLY -ORIENTED BUSINESS Conditions: 6 1 i R-_ 4 a. No person shall operate a high impact sex -oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 350 feet from any of the uses listed below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property lines of the two uses. This distance requirement applies to the following uses: i. property developed or zoned for residential uses; ii. property located in a major recreation zone; iii. property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution, and other public recreational facility; iv. premises licensed under City Code Chapter 13, relating to on -sale liquor, beer and wine licensing; b. No person shall operate a high impact sex -oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from of another high impact sex -oriented business. c. No owner, manager, or employee may sell or display for sale any sexually oriented materials except in original unopened packages. d. No owner, manager, or employee of a high impact sex -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. e. No owner, manager, or employee of a high impact sex -oriented business shall allow any sexually oriented materials or entertainment to be used on any sign or window display. f. No owner, manager, or employee of a high impact sex -oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the apse high impact sex -oriented business establishment which is prohibited by any ordinance of the City of St. Louis Park, the laws of the State of Minnesota, or the United States of America. Nothing in this Ordinance shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinance prohibiting the exhibition, sale or distribution of obscene R — material generally, or the exhibition, sale or distribution of specified materials to minors. g The business owner, manager, or employee shall assure that no person under the age of 18 enters the business. h. 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. i. 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. J. Each business shall display a sign on its main entrance door which reads: "This business sells sexually oriented material or entertainment. Persons under the age of 18 are prohibited from entering." The sign letters shall be a minimum of 2 inches high. k. 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. I. No business shall exceed 10,000 square feet in gross floor area. m. 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. n. 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. o. No business shall have any booths, stalls, or partitions 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. p. The business owner, manager, or employee shall assure that no person under the age of 18 enters the business. 8 r 1 Section 14:5-7.3C USES PERMITTED WITH CONDITIONS (page 191) amend as follows. 4. HIGH IMPACT SEXUALLY -ORIENTED BUSINESS Conditions: a. No person shall operate a high impact sex -oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 350 feet from any of the uses listed below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property lines of the two uses. This distance requirement applies to the following uses: i. property developed or zoned for residential uses; ii. property located in a major recreation zone; iii. property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution, and other public recreational facility; iv. premises licensed under City Code Chapter 13, relating to on -sale liquor, beer and wine licensing; b. No person shall operate a high impact sex -oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another high impact sex -oriented business. c. No owner, manager, or employee may sell or display for sale any sexually oriented materials except in original unopened packages. d. No owner, manager, or employee of a high impact sex -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. e. No owner, manager, or employee of a high impact sex -oriented business shall allow any sexually oriented materials or entertainment to be used on any sign or window display. f. No owner, manager, or employee of a high impact sex -oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the high impact sex -oriented business establishment which is prohibited by any ordinance of the City of St. Louis Park, g - the laws of the State of Minnesota, or the United States of America. Nothing in this Ordinance shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited • to statutes or ordinance prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors. The business owner, manager, or employee shall assure that no person under the age of 18 enters the business. h. 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. i. 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. J. Each business shall display a sign on its main entrance door which reads: "This business sells sexually oriented material or entertainment. Persons under the age of 18 are prohibited from entering." The sign letters shall be a minimum of 2 inches high. k. 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. 1. No business shall exceed 10,000 square feet in gross floor area. m. 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. n. 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. o. No business shall have any booths, stalls, or partitions 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. 10 1 r i p. The business owner, manager, or employee shall assure that no person under the age of 18 enters the business. Sec. 5. The contents of Planning Case File 96-9-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.6. This Ordinance shall take effect fifteen days after its publication. Adopted by the C. Council May 20,1996 ATTEST: Reviewed for administration: 7480:RES9 ayor Approved as to form and execution: • STATE OF MINNESOTA) SS MMI SUN MINNESOTA SrrLlneru SirrPo SuirS�r 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 - S a i I or and has full knowledge of the facts 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 printed Ordinance No. 96-2063 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 oon Wednesday , the 29 day of May , 1996 , and was thereafter 4, anted and published on every to and including , 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• abcdefghuklm nopgrstuvwxyz Acknowledged before me on this 22 day of J 1 BY: , City of St. Louis Park (Official Publication) ORDINANCE NO. 96-2063 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14 5-3, 14:5-5.2, 14.5-5 3, 14 5-6.2, 14 5-72 AND 14 5-7 3 RELATED TO SEXUALLY ORIENTED BUSINESSES This ordinance states that Limited Impact Sexually Onented Businesses shall be permitted with conditions in the Neighborhood Commercial and General Commercial Distncts This ordinance states that High Impact Sexually Oriented Businesses shall be permitted with conditions, including distance restnctions from residential distncts and other sensitive land uses, in the General Commercial, Office, Industnal Park and General Industnal Distncts This ordinance also states that the land use descrip- tion for adult uses (sexually onented businesses) shall be amended This ordinance shall take effect 15 days after publica- tion Adopted by the City Council May 20, 1996 /s/ Gail Dorfman Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (May 29, 1996) a3\ord2063 .ie<-0//4",r,d7 TITLE: Publisher , 1996 0 -.azo r.-ZPIDEL M HEDELOM +e e F{OTAtiV r JBUC - MINNESOTA (Y HENNEPIN COUNTY ' P. •Corunissiori:xpaesJan 31,2000 RATE INFORMATION .1) Lowest classified rate paid 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