CHAPTER 113:  PEDDLERS AND SOLICITORS

 

Section

113.01   Definitions

113.02   Exceptions to definitions

113.03   Licensing; exemptions

113.04   License ineligibility

113.05   License suspension and revocation

113.06   License transferability

113.07   Registration

113.08   Prohibited activities

113.09   Exclusion by placard

​

§ 113.01  DEFINITIONS.

 

Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions.  For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

PEDDLER.  A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personnel property that the person is carrying or otherwise transporting.  The term peddler shall mean the same as the term hawker.

 

PERSON.  Any natural individual, group, organization, corporation, partnership or association.  As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee.

 

REGULAR BUSINESS DAY.  Any day during which the city hall is normally open for the purpose of conducting public business.  Holidays defined by state law shall not be counted as regular business days.

 

SOLICITOR.  A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time.  The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above.  The term shall mean the same as the term “canvasser.”

 

 

TRANSIENT MERCHANT.  A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days.

 

 

§ 113.02  EXCEPTIONS TO DEFINITIONS.

 

(A)       For the purpose of the requirements of this chapter, the terms PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal property to a retailer of the items being sold by the wholesaler.  The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route.

 

(B)       In addition, persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, as well as those persons participating in an organized multi-person bazaar or flea market, shall be exempt from the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court-ordered sale.  Exemption from the definitions for the scope of this chapter shall not excuse any person from complying with any other applicable statutory provision or local ordinance.

 

 

§ 113.03  LICENSING; EXEMPTIONS.

 

(A)       County license required.  No person shall conduct business as a peddler, solicitor or transient merchant within the city limits without first having obtained the appropriate license from the county as required by M.S. Ch. 329 as it may be amended from time to time.

 

(B)       City license required.  Except as otherwise provided for by this chapter, no person shall conduct business as either a peddler or a transient merchant without first having obtained a license from the city.  Solicitors need not be licensed, but are still required to register pursuant to § 113.07.

 

(C)       Application.  Application for a city license to conduct business as a peddler or transient merchant shall be made at least 14 regular business days before the applicant desires to begin conducting business.  Application for a license shall be made on a form approved by the City Council and available from the office of the City Clerk.  All applications shall be signed by the applicant.  All applications shall include the following information:

 

(1)        Applicant’s full legal name.

 

(2)        All other names under which the applicant conducts business or to which applicant officially answers.

 

(3)        A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, and the like).

 

(4)        Full address of applicant’s permanent residence.

 

(5)        Telephone number of applicant’s permanent residence.

 

(6)        Full legal name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or agent.

 

(7)        Full address of applicant’s regular place of business (if any).

 

(8)        Any and all business related telephone numbers of the applicant.

 

(9)        The type of business for which the applicant is applying for a license.

 

(10)      Whether the applicant is applying for an annual or daily license.

 

(11)      The dates during which the applicant intends to conduct business, and if the applicant is applying for a daily license, the number of days he or she will be conducting business in the city (maximum 14 consecutive days).

 

(12)      Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up business.

 

(13)      A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses.

 

(14)      A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant.

 

(15)      Proof of any requested county license.

 

(16)      Written permission of the property owner or the property owner’s agent for any property to be used by a transient merchant.

 

(17)      A general description of the items to be sold or services to be provided.

 

(18)      All additional information deemed necessary by the City Council.

 

(19)      The applicant’s driver’s license number or other acceptable form of identification.

 

(20)      The license plate number, registration information and vehicle identification number for any vehicle to be used in conjunction with the licensed business and a description of the vehicle.

 

(D)       Fee.  All applications for a license under this chapter shall be accompanied by the fee established in the Ordinance Establishing Fees and Charges, adopted pursuant to § 30.11, as it may be amended from time to time.

 

(E)       Procedure.  Upon receipt of the completed application and payment of the license fee, the City Clerk, within two regular business days, must determine if the application is complete.  An application is determined to be complete only if all required information is provided.  If the City Clerk determines that the application is incomplete, the City Clerk must inform the applicant of the required necessary information that is missing.  If the application is complete, the City Clerk must order any investigation, including background checks, necessary to verify the information provided with the application.  Within ten regular business days of receiving a complete application the City Clerk must issue the license unless there exist grounds for denying the license under § 113.04, in which case the Clerk must deny the license.  If the City Clerk denies the license, the applicant must be notified in writing of the decision, the reason for denial, and of the applicant’s right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a public hearing before the City Council.  The City Council shall hear the appeal within 20 days of the date of the request.  The decision of the City Council following the public hearing can be appealed by petitioning the Minnesota Court of Appeals for a Writ of Certiorari.

 

(F)       Duration.  An annual license granted under this chapter shall be valid for one calendar year from the date of issue.  All other licenses granted under this chapter shall be valid only during the time period indicated on the license.

 

(G)       License exemptions.

 

(1)        No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm.

 

(2)        No license shall be required of any person going from house-to-house, door-to-door, business-to-business, street-to-street, or other type of place-to-place when the activity is for the purpose of exercising that person’s State or Federal Constitutional rights such as the freedom of speech, press, religion and the like, except that this exemption may be lost if the person’s exercise of Constitutional rights is merely incidental to a commercial activity.

 

(3)        Professional fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of this chapter.

Penalty, see § 10.99

 

 

§ 113.04  LICENSE INELIGIBILITY.

 

The following shall be grounds for denying a license under this chapter:

 

(A)       The failure of the applicant to obtain and show proof of having obtained any required county license.

 

(B)       The failure of the applicant to truthfully provide any of the information requested by the city as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of application.

 

(C)       The conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person’s ability to conduct the business for which the license is being sought in an honest and legal manner.  Those violations shall include but not be limited to burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.

 

(D)       The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant.

 

(E)       The applicant is found to have a bad business reputation.  Evidence of a bad business reputation shall include, but not be limited to, the existence of more than three complaints against the applicant with the Better Business Bureau, the Attorney General’s Office, or other similar business or consumer rights office or agency, within the preceding 12 months, or three complaints filed against the applicant within the preceding five years.

 

 

§ 113.05  LICENSE SUSPENSION AND REVOCATION.

 

(A)       Generally.  Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:

 

(1)        Fraud, misrepresentation or incorrect statements on the application form.

 

(2)        Fraud, misrepresentation or false statements made during the course of the licensed activity.

 

(3)        Conviction of any offense for which granting of a license could have been denied under § 113.04.

 

(4)        Violation of any provision of this chapter.

 

(B)       Multiple persons under one license.  The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked.

 

(C)       Notice.  Prior to revoking or suspending any license issued under this chapter, the city shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation.  Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application.

 

(D)       Public hearing.  Upon receiving the notice provided in Division (C) of this section, the licensee shall have the right to request a public hearing.  If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation.  For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail.  If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within 20 days from the date of the request.  Within three regular business days of the hearing, the City Council shall notify the licensee of its decision.

 

(E)       Emergency.  If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this chapter, the City Council may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in Division (C) of this section.

 

(F)       Appeals.  Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court.

Penalty, see § 10.99

 

 

§ 113.06  LICENSE TRANSFERABILITY.

 

No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued.

Penalty, see § 10.99

 

 

§ 113.07  REGISTRATION.

 

All solicitors, and any person exempt from the licensing requirements of this chapter under § 113.03, shall be required to register with the city.  Registration shall be made on the same form required for a license application, but no fee shall be required.  Immediately upon completion of the registration form, the City Clerk shall issue to the registrant a Certificate of Registration as proof of the registration.  Certificates of Registration shall be non-transferable.

Penalty, see § 10.99

 

 

§ 113.08  PROHIBITED ACTIVITIES.

 

No peddler, solicitor or transient merchant shall conduct business in any of the following manners:

 

(A)       Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure.

 

(B)       Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.

 

(C)       Conducting business in a way as to create a threat to the health, safety and welfare of any individual or the general public.

 

(D)       Conducting business before 7:00 a.m. or after 9:00 p.m. 

 

(E)       Failing to provide proof of license or registration, and identification, when requested; or using the license or registration of another person.

 

(F)       Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement.  No peddler, solicitor or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person.

 

(G)       Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive.

Penalty, see § 10.99

 

 

§ 113.09  EXCLUSION BY PLACARD.

 

No peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor or transient merchant when the property is marked with a sign or placard at least four inches long and four inches wide with print of at least 48 point in size stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors, and Transient Merchants Prohibited,” or other comparable statement.  No person other than the property owner or tenant

 

shall remove, deface or otherwise tamper with any sign or placard under this section.

Penalty, see § 10.99

 

 

CHAPTER 114:  TATTOO AND BODY PIERCING SERVICES

 

Section

 

114.01   Definitions

114.02   Prohibitions

114.03   Application for license; fees; issuance

114.04   Inspection of facilities

114.05   Suspension or revocation of license

114.06   Consent for performing procedures on persons under 18

114.07   Prohibitions relating to persons under 18

114.08   Defenses to violations

114.09   Training standards; records; safety and sanitation; equipment

 

 

 

§ 114.01  DEFINITIONS.

 

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

BOARD OF HEALTH.  A Board of Health established under the provisions of M.S. § 145A.03, as it may be amended from time to time.  If the city does not have a Board of Health, then this term means the authority having the duties of a Board of Health in the city, including but not limited to the County Board of Health.

 

BODY PIERCING.  Includes ear piercing except when the ear piercing procedure is performed with an ear-piercing gun.

 

BUSINESS.  Any entity that provides services for compensation.

 

EAR PIERCING GUN.  A mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear.

 

GUARDIAN.  Has the same meaning as in § 130.15.

 

PARENT.  Has the same meaning as in § 130.15.

 

TATTOO.  Has the same meaning given in M.S. § 609.2246, Subd. 2, as it may be amended from time to time.

 

 

§ 114.02  PROHIBITIONS.

 

No person shall do any of the following:

 

(A)       Operate a business that offers tattooing or body piercing services unless the City Council issues it a license to do so;

 

(B)       Perform a tattooing or body piercing procedure in a manner that does not meet the safety and sanitation standards established by this chapter and any federal, state or local laws, rules or regulations;

 

(C)       Perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun in a manner that does not meet the standards for appropriate disinfection and sterilization of invasive equipment or parts of equipment used in performing the procedures established by this chapter and any federal, state or local laws, rules or regulations.

Penalty, see § 10.99

 

 

§ 114.03  APPLICATION FOR LICENSE; FEES; ISSUANCE.

 

(A)       A person seeking approval to operate a business that offers tattooing or body piercing services shall apply to the city on forms the city or the Board of Health shall prescribe and provide.  The applicant shall submit all information the city and the Board of Health determines is necessary to process the application.  The applicant shall include the fee established under the city’s Ordinance Establishing Fees and Charges authorized by § 30.11 as it may be amended from time to time, or as established by the Board of Health.

 

(B)       To receive approval to offer tattooing or body piercing services, a business must demonstrate to the Board of Health the ability to meet the requirements established by this chapter and any federal, state or local laws, rules or regulations for safe performance of the tattooing or body piercing procedures, training of the individuals who perform the procedures, and maintenance of records.

 

(C)       If the Board of Health determines, following an inspection conducted under § 114.04, that a business meets the requirements for approval, it shall so advise the city.  The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary.  If the City Council shall approve the license, the City Clerk shall issue the license to the applicant.  If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision.  Approval remains valid for one year unless earlier suspended or revoked under § 114.05.  A business’s approval may be renewed.  Approval is not transferable.

Penalty, see § 10.99

 

 

 

 

 

§ 114.04  INSPECTION OF FACILITIES.

 

The Board of Health, or a person or another body designed by the city, shall conduct at least one inspection of a business prior to approving the business under § 114.03 to offer tattooing or body piercing services.  The Board may conduct additional inspections as necessary for the approval process.  The Board of Health may inspect an approved business at any time the Board considers necessary.  In an inspection, the Board of Health shall be given access to the business's premises and to all records relevant to the inspection.

Penalty, see § 10.99

 

 

§ 114.05  SUSPENSION OR REVOCATION OF LICENSE.

 

The City Council may suspend or revoke the approval of a business to offer tattooing or body piercing services at any time it determines that the business is being operated in violation of this chapter or any federal, state or local laws, rules or regulations.  Proceedings for suspensions and revocations shall be conducted in accordance with rules adopted in Chapter 110 for the suspension or revocation of business licenses.

 

 

§ 114.06  CONSENT FOR PERFORMING PROCEDURES ON PERSONS UNDER 18.

 

(A)       No person shall perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun on an individual who is under 18 years of age unless consent has been given by the individual’s parent, guardian, or custodian in accordance with Division (B) of this section.  The consent must include both the custodial and non-custodial parents, where applicable.

 

(B)       A parent, guardian or custodian of an individual under age 18 who desires to give consent to a business to perform on the individual under age 18 a tattooing procedure, body piercing procedure, or ear piercing procedure performed with an ear piercing gun shall do both of the following:

 

(1)        Appear in person at the business at the time the procedure is performed;

 

(2)        Sign a document provided by the business that explains the manner in which the procedure will be performed and methods for proper care of the affected body area following performance of the procedure.

Penalty, see § 10.99

 

 

§ 114.07  PROHIBITIONS RELATING TO PERSONS UNDER 18.

 

(A)      

(1)        Unless consent has been given in accordance with § 114.06, no individual who is under age 18 shall obtain or attempt to obtain a tattooing service, body-piercing service, or ear-piercing service performed with an ear-piercing gun.

 

(2)        No individual who is under age 18 shall knowingly show or give false information concerning the individual’s name, age, or other identification for the purpose of obtaining a tattooing service, body piercing service, or ear-piercing service performed with an ear piercing gun.

 

(B)      

(1)        No individual shall knowingly show or give any false information as to the name, age, or other identification of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun.

 

(2)        No individual shall impersonate the parent, guardian or custodian of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body-piercing service, or ear piercing service performed with an ear piercing gun.

Penalty, see § 10.99

 

 

§ 114.08  DEFENSES TO VIOLATIONS.

 

(A)       An operator or employee of a business that performs tattooing services, body piercing services, or ear piercing services performed with an ear piercing gun may not be found guilty of a violation of § 114.06(A) or any federal, state or local laws, rules or regulations in which age is an element of the provisions if:

 

(1)        The individual obtaining a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun, at the time of so doing, exhibited to the operator or employee of the tattooing, body piercing, or ear piercing business a driver’s or commercial driver’s license or an identification card issued under state law showing that the individual was then at least age 18;

 

(2)        The operator or employee made a bona fide effort to ascertain the true age of the individual obtaining a tattooing, body piercing, or ear piercing service by checking the identification presented, at the time of the service, to ascertain that the description on the identification compared with the appearance of the individual and that the identification had not been altered in any way; and

 

(3)        The operator or employee had reason to believe that the individual obtaining a tattooing, body piercing, or ear piercing service was at least age 18.

 

(B)       In any action or proceeding before a court of record in which a defense is raised under this section, the Registrar of Motor Vehicles or the Registrar’s Deputy who issued a driver’s or commercial driver’s license or an identification card shall be permitted to submit certified copies of the records, in the Registrar’s or Deputy’s possession, of the issuance in lieu of the testimony of the personnel of the Bureau of Motor Vehicles at the hearing, action or proceeding.

 

 

§ 114.09  TRAINING STANDARDS; RECORDS; SAFETY AND SANITATION; EQUIPMENT.

 

(A)       Each operator of a business that offers tattooing or body-piercing services shall do all of the following:

 

(1)        Maintain procedures for ensuring that the individuals who perform tattooing or body piercing procedures are adequately trained to perform the procedures properly;

 

(2)        With respect to tattooing services, maintain written records that include the color, manufacturer and lot number of each pigment used for each tattoo performed;

 

(3)        Comply with the safety and sanitation requirements for preventing transmission of infectious diseases, as established in any federal, state or local laws, rules or regulations;

 

(4)        Require the individuals who perform tattooing and body piercing procedures to disinfect and sterilize all invasive equipment or parts of equipment used in performing the procedures by using methods that meet the disinfection and sterilization requirements established in any federal, state or local laws, rules or regulations;

 

(5)        Ensure that weekly tests of the business’s heat sterilization devices are performed to determine whether the devices are functioning properly.  In having the devices tested, the operator of the business shall use a biological monitoring system that indicates whether the devices are killing microorganisms.  If a test indicates that a device is not functioning properly, the operator shall take immediate remedial action to ensure that heat sterilization is being accomplished.  The operator shall maintain documentation that the weekly tests are being performed.  To comply with the documentation requirement, the documents must consist of a log that indicates the date on which each test is performed and the name of the person who performed the test or, if a test was conducted by an independent testing entity, a copy of the entity’s testing report.  The operator shall maintain records of each test performed for at least two years.

 

(B)              Each operator of a business that offers ear piercing services performed with an ear piercing gun shall require the individuals who perform the ear piercing services to disinfect and sterilize the ear piercing gun by using chemical solutions that meet the disinfection and sterilization requirements established in any federal, state or local laws, rules or regulations.

Penalty, see § 10.99

 

 

 

 

 

 

 

CHAPTER 115:  TOBACCO REGULATIONS

 

Section

 

115.01   Definitions

115.02   License

 

 

§ 115.01  DEFINITIONS.

 

TOBACCO or TOBACCO PRODUCTS.  Any substance or item containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in a manner as to be suitable for chewing, sniffing or smoking.

 

TOBACCO RELATED DEVICES.  Any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.

 

§ 115.02  LICENSE.

 

(A)             License required.  No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the County.

 

 

 

 

 

CHAPTER 116:  ADULT ENTERTAINMENT

 

 

Section

 

116.01   Definitions

116.02   Purpose

116.03   General Provisions

116.04   Adult Use Principal

116.05   Adult Use, Accessory

116.06      Nonconforming Adult Use – Principal or Accessory

116.07      Enforcement

 

 

§ 116.01  DEFINITIONS.

 

(A)       Adult Uses.  Adult uses include bookstores, adult motion pictures theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport 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.

 

            (1)  Specified Anatomical Areas:

 

(a)        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.

 

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

 

(2)    Specific Sexual Activities:

 

(a)        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, and any of the following sexual-oriented acts or conduct:  anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

 

 

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

 

(c)                Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.

 

(d)       Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts.

 

(e)        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 of any such persons.

 

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

 

(g)        Human erection, urination, menstruation, vaginal or anal irrigation.

 

(B)       Adult Uses -Accessory.  A use, business, or establishment having ten percent (10%) or less of its stock in trade or floor area allocated to, or twenty percent (20%) or less of its gross receipts derived from adult use movie rentals or adult use magazine sales.

 

(C)       Adult Uses-Principal.  A use, business, or establishment having more than 10% of its stock in trade or floor area allocated to, or more than twenty percent (20%) of its gross receipts derived from, any adult use.

 

(D)       Adult Use-Body Painting Studio.  An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas.”

 

(E)       Adult Use-Bookstore.  A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public extending 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.”

 

(F)       Adult Use-Cabaret.  A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas.”

 

(G)       Adult Use-Companionship Establishment.  A companionship establishment which 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.”

 

(H)       Adult Use-Conversation/Rap Parlor.  A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

 

(I)        Adult Use-Health/Sport Club.  A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

 

(J)        Adult Use-Hotel or Motel.  Adult 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.”

 

(K)       Adult Use-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.”

 

(L)       Adult Use-Mini-Motion Picture Theater.  A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

 

(M)      Adult Use-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 “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

 

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

 

 

(O)       Adult Use-Motion Picture Theater.  A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

 

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

 

(Q)       Adult Use Sauna.  A sauna which excludes minors by reason of age, or which provides a stream 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 steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

 

(R)       Adult Use-Steam Room/Bathhouse Facility.  A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

 

 

§ 116.02  PURPOSE.

 

The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks.  Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas.  The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses.  Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

 

 

§ 116.03  GENERAL PROVISIONS.

 

Adult uses as defined in this chapter shall be subject to the following general provisions:

 

(A)       Activities classified as obscene are not permitted and are prohibited.  In no instance shall the application or interpretation of this ordinance be constructed to allow an activity otherwise prohibited by law.

 

 

(B)       Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

 

(C)       An adult use which does not qualify as an accessory use pursuant to Section 116.05, shall             be classified as an adult use-principal.

 

 

§ 116.04  ADULT USE, PRINCIPAL.

 

(A)       Adult use-principal shall be a conditional use in the I-1, general industrial district, subject to the location criteria outlined in 116.03 (B).

 

(B)       Adult use-principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of:

 

(1)        A zoning district in which residential uses are specifically listed as a permitted or conditional use.

 

            (2)        A licensed day care center.

 

(3)        A public or private educational facility classified as an elementary, junior high or senior high.

 

            (4)        A public library.

 

            (5)        A public park.

 

            (6)        Another adult use-principal.

 

(7)               Any church or church related organization.

 

(8)               Any existing residence.

 

(C)       No adult use-principal shall be located in the same building or upon the same property as another adult use-principal.

 

(D)       Adult use-principal shall adhere to the following signing regulations in addition to the sign regulations of  Chapter 150.

 

(1)        Sign messages shall be generic in nature and shall only identify the name of the business.

 

(2)        Signs shall comply with the requirements of size and number for the district in which they are located.

 

(E)       Adult use-principal shall be limited to 7:00 a.m. to 12:30 p.m. for its hours of operation.  Differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that all the following apply:

 

                        (1)        Not adversely impact or affect uses or activities within three hundred fifty (350) feet.

 

            (2)        Will not result in increased policing and related service calls.

 

            (3)        Is critical to the operation of the business.

 

 

§ 116.05  ADULT USE, ACCESSORY.

 

Adult Uses-Accessory shall be permitted in all commercial districts, provided the accessory use conforms with the provisions of this Subd.

 

(A)       Adult use-accessory shall:

 

(1)        Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located.

 

(2)        Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation.

 

            (3)        Not involve or include any activity except the sale or rental of merchandise.

 

(B)       Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

 

(1)        Movie Rental.  Display areas 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 persons responsible for the operation.

 

                        (2)        Magazines.  Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

 

(3)        Other Use.  Adult uses-accessory not specifically cited shall comply with the intent of this Section subject to the approval of the Zoning Administrator.

 

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

 

 

 

§ 116.06  NONCONFORMING ADULT USE-PRINCIPAL OR ACCESSORY.

 

An adult use already operating within a community in an area where it will not be allowed pursuant to city ordinance may not be grand fathered or considered a legal non-conforming use.  The city will issue a notice for the adult use to relocate its operation to an area where the adult use is allowed.  The adult use operator has one year from the date of the notice to relocate its operation to an area where the adult use is allowed.

 

§ 116.07  Enforcement.

 

(A)       Any person violating any provision of this Section 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.

 

(B)       Any violation of this Section shall be a basis for the suspension or revocation of the certificate of occupancy for the property or building in or on which the adult use is located.  In the event the City Council proposes to revoke or suspend a certificate of occupancy, the property owner shall be notified in writing of the basis for such proposed suspension or revocation.  The City Council shall hold a hearing for the purpose of determining whether to revoke or suspend the certificate of occupancy, which hearing shall be within thirty (30) days of the date of the notice.   

 

(C)       The City Council shall determine whether to revoke or suspend a certificate of occupancy within thirty (30) days after the close of the hearing or within sixty (60) days of the dates of the notice, whichever is sooner, and shall notify the property owner of its decision within that period.