The City Council of the City of Grant, Washington County, Minnesota, ordains as
follows:

Section 1. Statement of policy.

The City Council of the City of Grant deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult hotels or motels, adult massage parlors or health clubs, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades or theaters, adult novelty businesses, adult saunas and similar adult oriented services operating under different names in order to protect the public health, safety and welfare, and to guard against the inception and transmission of disease. The City Council further finds that the commercial enterprises such as the types described above and all other similar establishments whose services include sessions offered to adults conducted in private by members of the same or opposite sex, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting or endangering the morals of the community by being the site of acts of prostitution, illicit sex and occasions of violent crimes, and thus requiring close inspection, licensing and regulation.

The City Council also finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the Sheriff's Department and other departments of the city. As a consequence, the concentrated use of city services in such control detracts from and reduces the level of service available to the rest of the community and thereby diminishes the ability of the city to promote the general health, welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide numerous services to all segments of the community without a concentration of public services in one area working to the detriment of the members of the general public, it is hereby decided that the above described uses should be limited to the General Business zoning district as a special use and as a permitted accessory use in the General Business zoning districts, and should require the issuance of licenses.

Section 2. Definitions.

As used in this Ordinance, the following words and terms shall have the meaning ascribed thereto:

Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bath-house/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sports clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses, or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes section 617.241 are not lawful and are not included in the definition of adult uses.

Adult uses - accessory. The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include adult magazines, adult movies, adult novelties, and the like.

Adult uses - principal. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment, and include but are not limited to the following:

(1) Adult body painting studio.   An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".

(2) Adult bookstore.   A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, motion picture film, or any other similar materials, if such shop is not open to the public generally but only to one (1) or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".

(3) Adult cabaret.  An establishment which provides dancing or other live entertainment if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of "specified sexual activities" or "specified anatomical areas".

(4) Adult companionship establishment.  A companionship establishment if such establishment excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

(5) Entertainment, adult.   Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishments.

(6) Adult establishment.   A business engaging in any of the following activities or which utilizes any of the following business procedures or practices; either:

a. Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of such business; or

b. Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.
 

(7) Adult hotel or motel.  Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(8) Adult massage parlor, health club.  A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

(9) Adult mini-motion picture theater.  A business premises within an enclosed building with a capacity for less than fifty (50) persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

(10) Adult modeling studio.  An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

(11) Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin or operated slug or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specific anatomical areas".

(12) Adult Motion Picture Theaters.  A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(13) Adult Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

(14) Adult Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

(15) Special Use Permit. A permit granted pursuant to this ordinance which is for a specific length of time and is required to be renewed on an annual basis.

Specified anatomical areas. Anatomical areas consisting of:

(1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
 
 

Specified sexual activities. Activities consisting of the following:

(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquierism, sapphism, zooerasty; or

(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

(5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint or any such persons; or

(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

(7) Human excretion, urination, menstruation, vaginal or anal.

Section 3. Licenses.

(a)  License required. No person, firm, or corporation shall operate an adult use in the City of Grant without having first secured a license as hereinafter provided. Licenses shall be one (1) of two (2) types:

(1) Adult use, principal;

(2) Adult use, accessory.
 

(b) Applications. The application for an adult use license shall include:

(1) The name, residence, phone number and birthdate of the applicant, if an individual; and if a corporation, the names, residences, phone numbers and birthdates of those owners holding more than five (5) percent of the outstanding stock of the corporation.

(2) The name, address, phone number and birthdate of the manager of such operation, if different from the owners;

(3) The premises wherein the adult use is to be located;

(4) A statement detailing each gross misdemeanor or felony relating to a sex offense add/or the operation of adult uses and related activities of which the applicant or, in the case of a corporation, the owners of more than five (5) percent of the outstanding stock of the corporation, have been convicted, and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities.

(5) The activities and types of business to be conducted;

(6) The hours of operation;

(7) The provisions made to restrict access by minors;

(8) A building plan of the premises detailing all internal operations and activities.

(a) License fees.

(1) Each application for a license shall be accompanied by a receipt from the City Treasurer or Clerk for payment in full of the required fee for the license as established by City Council Resolution from time to time. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the City Clerk or Treasurer shall refund the amount paid.

(2)  All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month.

(3)  The annual fee for an adult use license shall be as established by City Council resolution from time to time.

(4) No part of the fee paid for any license issued under this article shall be refunded except in the following instances upon application to the city administrator within thirty (30) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one (1) month before expiration of the license because of:

a.   Destruction or damage of the licensed premises by fire or other catastrophe;

b. The licensee's illness;

c. The licensee's death;

d. A change in the legal status making it unlawful for the licensed business to continue.

(d) Granting of license.

(1) The City shall investigate all facts set out in the application including conducting a background check on the licensee and all shareholders of the licensee. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and a public hearing, the City Council shall grant or refuse the application.

(2) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council.

(e) Persons ineligible for license. No license shall be granted or held by any person:

(1) Under twenty-one (21) years of age;

(2) Who has been convicted of a felony or of violating any law of this state or local ordinance relating to sex offenses and/or audit uses.

(3) Who is not the proprietor of the establishment for which the license is issued.

(f) Places ineligible for license.

(1) No license shall be granted for adult uses on any premises where a licensee has been convicted of a violation of this Ordinance, or where any license hereunder has been revoked for cause, until one (1) year has elapsed after such conviction or revocation.

(2) Except for uses lawfully existing at the time of adoption of this article, no license shall be
granted for any adult use which is not in compliance with the City's zoning regulations.

(g) Nonconforming uses. Any adult use existing on the effective date of the adoption of this article may be continued subject to the following provisions:

(1) No such adult use shall be expanded or enlarged except in conformity with the provisions of this article;

(3) A nonconforming adult use shall be required to apply for and receive an adult use license. No public hearing shall be required prior to the issuance of the license for the nonconforming adult use.

Section 4. Conditions of license, generally.

(a) Every license shall be granted subject to the conditions in the following subsections and all other provisions of this Ordinance, and of any applicable sections of other Ordinances of the City or state law.

(b) All licensed premises shall have the license posted in a conspicuous place at all times.

(c) In the case of an adult use--principal, no minor shall be permitted on the licensed premises unless accompanied by his parent or legal guardian.

(d) Any designated inspection officer or law enforcement officer of the City shall have the unqualified right to enter, inspect, and search the premises of a licensee during business hours within a search and seizure warrant.

(e) Every licensee shall be responsible for the conduct of his or her place of business and shall
maintain conditions of this order.

Section 5. Conditions of license, adult use--principal.

Adult use - principal businesses shall be permitted in the General Business zoning district subject to the issuance of a special use permit and subject to the following requirements:

(a) An adult use - principal business shall not be allowed within one thousand (1,000) feet of another existing adult use measured in a straight line from the buildings.

(b) An adult use--principal business shall not be located within one thousand (1,000) feet measured in a straight line from any building located in any General Business zoning district in the City of Grant.

(c) An adult use - principal business shall not be located within one thousand (1,000) feet measured in a straight line from existing school, daycare center or place of worship.

(d) An adult use - principal business shall not sell or dispense nonintoxicating or intoxicating liquors nor shall it be located in a building which contains a business that sells or dispenses nonintoxicating or intoxicating liquors.
(e) No adult use - principal business entertainment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment which is prohibited by any ordinance of the City of Grant, the laws of the State of Minnesota, or the United States of America. Nothing in this article shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.

(f) No adult use - principal business shall be conducted in any manner that permits the perception or observation from any property not approved as an adult use of any materials depicting, describing or related to "specified sexual activities" or "specified anatomical areas" by any visual or auditory media, including display, declaration, sign, show window, sound transmission or other means.

(g) All adult use - principal businesses shall prominently display a sign at the entrance and located within two (2) feet of the door-opening device of the adult use establishment or section of the establishment devoted to adult books or materials which states:

"This business sells or displays material containing adult themes. Persons under age 18 years of age shall not enter."

Said sign shall have letters at least three-eighths-inch in height and no more than two ( 2) inches in height.

(h) No person under the age of eighteen (18) shall be permitted on the premises of an adult entertainment establishment.
No person under the age of eighteen (18) shall be permitted access to material displayed or offered for sale or rent by an adult use principal business establishment.

(i) Adult use - principal businesses shall not be open between the hours of 1:00 a.m. and 10:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday.
 
 
 

Section 6. Conditions of license, adult use - accessory.

Adult use - accessory licenses may be issued to businesses located in the General Business zoning districts subject to the following requirements:

(a) The adult use - accessory shall comprise no more than ten (10) percent of the floor area of the establishment in which it is located.

(b) Display areas for movie rentals or other similar products shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the person responsible for the operation.

(c) Magazines and publications or other similar products classified or qualified as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any materials other than the publication title.

(d) Adult use - accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
 
 
 

Section 7. Revocation, suspension or nonrenewal of license.

The license may be revoked, suspended, or not renewed by the City Council upon recommendation of the City Attorney by showing that the licensee, its owners, managers, employees, agents or any other interested parties have engaged in any of the following conduct:

(1) Fraud, deception or misrepresentation in connection with the securing of the license.

(2) Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use of drugs defined in Minnesota Statutes, section 618.01, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants or tranquilizers.

(3) Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers, or employees in engaging in conduct involving moral turpitude.

(4) Failure to fully comply with any requirements of the ordinances of the City of Grant regarding sanitary and safety conditions, zoning requirements, building code requirements or ordinances, the violation of which involves moral turpitude, or failure to comply fully with any requirements of this article.

(5) Conviction of an offense involving moral turpitude.

The certificate holder may appeal such suspension, revocation or nonrenewal to the City Council. The council shall consider the appeal at a regularly scheduled public hearing on or after ten (10) days from service of the notice of appeal to the City Clerk. At the conclusion of the hearing, the council may order:
(1) That the revocation, suspension or nonrenewal be affirmed.

(2) That the revocation, suspension or nonrenewal be lifted and that the certificate be returned to the certificate holder.

(3) The City Council may base either suspension or issuance of the certificate upon any additional terms, conditions, and stipulations which they may, in their sole discretion, impose.

Section 8. Penalty for violation.

Any person violating any provision of this article is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.

Section 9. Effective Date.

This Ordinance shall take effect and is in force from and after its passage and publication.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF GRANT THIS 1st DAY OF APRIL 2003.
 

___________________________
Thomas Carr, Mayor
 

______________________________
ATTEST: Barbara Bartholdi, Clerk