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CITY OF LAKEVILLE
DAKOTA. COUNTY, MINNESOTA
ORDINANCE NO. 495
AN ORDINANCE AMENDING TITLE 3; DEFINING
AND LICENSING SEBIIALLY OR~ENTBD BIISINESSES
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section i. Title 3, Chapter 10 of the Lakeville City Code is
hereby. amended in its entirety to read:'
CHAPTER 10
SEBIIALLY ORIENTED BII8INESSEB
Sec. 3-10- 1. Purpose and intent
Sec. 3-10- 2. Definitions
Sec. 3-10- 3. Classification
Sec..3-10- 4. License required
Sec. 3-10- 5. Issuance of license
Sec. 3-10- 6. Fees
...Sec. 3-10- 7. Inspection
Sec.:3=10- 8. Expiration of license
Sec. 3-10- 9. Suspension.
Sec. 3-10-10. Revocation.
Sec. 3-10-11. Appeal
Sec.. 3-10-12. Transfer of license
Sec. 3-10-13. .Additional regulations for .escort agencies
Sec. 3-10-14. .Additional regulations for nude model studios
Sec. 3-10-15. Additional regulations for adult theaters and
adult motion pictu=e theaters
Sec. 3-10-16. Additional regulations for adult. motels
Sec. 3-10-17. Regulations pertaining to exhibition of sexually
explicit films or videos
Sec.. 3-10-18. Enforcement
Sec. 3-10-19. Injunction
Sec. 3-10-1: PIIRPOSE AND INTENT.
(a) It is the purpose of this Chapter to .regulate sexually ,
oriented businesses to promote the health, safety, morals, and
general welfare of the. citizens of .the City, to guardagainst the
inception and transmission of disease, and to-establish reasonable
and uniform regulations. The provisions of this Chapter have:
.neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials,
including sexually oriented materials. Similarly, it is notthe
intent nor effect of this Chapter to restrict ordeny access by
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adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market.
(b).The City Council further finds that experience from other
cities demonstrates that sexually oriented businesses conducted in
.private by members of the same or the opposite sex, and employing
personnel with no specialized training, are susceptible to
operation in a manner contravening, subverting or endangering the
health, .safety and welfare of members of the .community by being the
sites of acts of prostitution, illicit sex, and occasions of
violent crimes, thus requiring close. inspection, licensing, and
regulation.
Sec. 3-10-2. DEFINITIONS.
The following words, terms, and phrases, when used in this
Chapter, shall have the meanings ascribed to .them in this Section,
except where the. context clearly indicates a different meaning:
ADULT ARCADE means any place to which the public is permitted
or invited. wherein coin-operated or slug-operated or
..electronically, electrically, or mechanically controlled still or
.motion .picture machines,. projectors, or other image-producinq_
devices are maintained to show images to five or fewer persons per
machine at any one time, and -where the images so displayed are
distinguished. or characterized by the depicting or describing of
"specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE, ADULT VIDEO STORE., OR ADULT STORE means a
commercial establishment which as a principal business purpose
offers for sale or rental for any form of consideration any one or
more the following:.
(1) books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes or
video reproductions, slides, or other visual represen-
tations .which. depict or describe "specified sexual
activities" or "specified anatomical areas"; or
(2) instruments, devices, or paraphernalia which are designed
for use in connection with "specified sexual activities."
ADULT CABARET means a nightclub, bar, restaurant, or similar
commercial establishment which: regularly features:
(1) persons who appear in a state of nudity; or
(2) live performances which are characterized by the exposure.
of ".specified anatomical areas" or by "specified sexual
activities"; or
(3) films, motion pictures, video cassettes, slides, or other
photographic reproductions which are. characterized by the
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depiction or description of "specified sexual activities"
or "specified anatomical areas."
ADULT CONVERSATION/RAP PARLOR means aconversation/rap parlor
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".
ADULT MASSAGE PARLOR means a massage parlor which excludes
minors byreason of age, or which provides for any form of
consideration, the rubbing, stroking, kneading, tapping, or rolling
of the body, if the service provided .by .the massage parlor is
distinguished or .characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
ADULT MOTEL means a hotel, motel or similar commercial
establishment which:
(1) offersaccommodations to the .public .fore any form of
:consideration; provides .patrons with closed-circuit
television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical
areas"; andhas a sign visible from the public right of
way which advertises the availability of this adult type
of photographic reproductions; or
(2) offers a sleeping room for rent for a period of time that
is less than 10 hours; or
(3) allows a tenant or occupant of a sleeping room to subrent
the room for a period of time that is less thane 10 .hours.
ADULT MOTION PICTURE THEATER means a commercial establishment
where, for any form of consideration, films, motion pictures, video
cassettes, slides, or similar photographic reproductionsare.
regularly shown which. are characterized by the depiction or
description of "specified sexual activities" or "specified
anatomical areas."
ADULT.SAUNA means a sauna which excludes minors by reason of
age, or which provides for any form of consideration, a steam bath
or heat bathing room used for the purpose of bathing, relaxation,
or reducing, utilizinq_steam or hot air as a cleaning, relaxing, or
:..reducing agent, if the service provided,by the sauna is distin-
guished or characterized by an emphasis on "specified sexual..
.activities." or "specified anatomical areas".
ADULT THEATER means a theater, concert hall, auditorium, or
similar commercial establishment which regularly features persons
who appear in a state of nudity or live performances which are
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characterized by the exposure of "specified anatomical areas" or by
"specified sexual activities."
CITY ADMINISTRATOR means the city. administrator of the City of
.Lakeville.
ESCORT means a person who, for consideration, agrees or offers
to act as a companion, guide, or date for another person, or who
agrees or offers to privately model lingerie or to privately
perform a striptease for .another person.
ESCORT AGENCY. means a person or business association who
furnishes, .offers to furnish, or advertises to furnish escorts. as
one of its .primary business purposes, ,for a fee, tip, or other
consideration.
ESTABLISFIMENT means and includes any of the following:
(1) the opening or commencement of any sexually `oriented.
business as a new business;'
(2) the conversion of an existing business, whether or not a
sexually oriented business, to any sexually oriented
business;
(3) the .addition of any sexually oriented. business to any
other existing sexually oriented business; or
(4) the relocation of any.. sexually oriented business.
LICENSEE means a person in whose name a license to operate a
sexually oriented business has been issued, as well as the
individual listed as an applicant on the .application for a license.
NUDE MODEL STUDIO means any place where a person who appears
in a state of nudity or displays "specified anatomical areas" is
provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money.
or any form of consideration..
NUDITY or a STATE OF NUDITY means:
(1) the appearance of a .human bare buttock, anus, male
genitals,: female genitals, or female breast; or
(2} a state of dress- which fails to opaquely cover a human
buttock, anus, male genitals, female genitals, or areola
of the female breast.
PERSON means an individual, proprietorship, partnership,
corporation, association, or other-legal entity.
SEMI-NUDE means a state of dress. in which clothing covers no
more than the genitals,, pubic region, and areolae of the female
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breast, as well as portions of the body covered by supporting
straps or devices.
SEXUAL ENCOUNTER CENTER means a business or commercial
enterprise that, as one of its. primary business purposes, offers
for any form of consideration:
(1) physical .contact in the: form of wrestling or tumbling
between persons of the opposite sex; or
(2) activities between male and female persons and/or persons
of the same sex when one or-more of the persons is in a
state of nudity or semi-.nude.
.SEXUALLY ORIENTED BUSINESS means an adult arcade, .adult
.bookstore or adult video store, adult cabaret, adult motel; adult-
motion picture theater, adult theater, escort agency, nude model
studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS means human genitals in a state of
sexual arousal.
SPECIFIED SEXUAL .ACTIVITIES means and includes any of the
following:
(1) the fondling or other erotic touching of human genitals,
pubic region, buttocks, anus, or female breasts;
(2) sex acts, nonaal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy;
(3) masturbation, actual or. simulated; or
(4) excretory functions as part of or in connection with any
of the activities set forth in {1) through (3) above.
SUBSTANTIAL ENLARGEMENT of a sexuallyoriented business means.
the increase in floor area occupied by the business by more than 25
percent (25$), as the floor area existed on the effective date of
this Ordinance.
TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented
business means and includes any of the following:
(1) the sale, lease, or sublease of the business.;
(2) the transfer of securities which constitute a controlling
interest in the business, whether by sale, exchange, or
similar. means; or
(3) the establishment of a trust, gift, or other similar
legal device which transfers the ownership or control of
the business, except .for .transfer by bequest or other
operation of law .upon the .death of the person possessing
the ownership or control.
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Sec.. 3-10-3. CLA88IFICATION.
The-following are classified as sexually oriented businesses:
(a) adult arcades;
(b) adult bookstores, adult video stores, adult stores;
(c) adult cabarets;
(d) adult conversation/rap parlors;.
(e) adult massage parlors;. `
(f) adult motels;
(q) adult motion picture theaters;
(h) adult saunas;
(i) adult theaters;
(7) escort :agencies;:
(k) nude model studios; ..and
(1) sexual encounter centers,
.Sec. 3-10.4. LICENSE REQIIIRED.
(a) Asexually oriented business may not be operated without
a valid license, issued by the City .for the particular type of
business.
(b) An application for a license must be made on a forme
provided by the City Clerk. The application must be accompanied by
a sketch or diagram showing the configuration of the premises,
including a .statement of total..floor space occupied by the
business.: The sketch or .diagram need note be professionally
prepared but must be drawn to a designated scale or drawn with
,market dimensions of the interior of the premises to an accuracy of
plus or minus six inches. Applicants who must comply with Section
3-10-17 of this Chapter shall submit a diagram meeting the
requirements of that Section.
(c) The applicant must be qualified according to the
provisions of this Chapter and the premises must be inspected and
found to be<in compliance with the. law by the fire department and
.building official.
(d) If a person who wishes to operate a sexually oriented
business is an individual, the individual must sign the application
for a license as applicant. If a person who wishes to operate a
sexually oriented business is other .than an individual, each
individual who has a 10 percent or greater interest in the business
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must sign the application for a license as applicant. Each
applicant must be qualified under Section 3-10-5 and each applicant
shall be considered a licensee if a license is granted.
Bec. 3-10-5. ISSIIANCE OF-LICENSE.
(a) The City Administrator shall approve the issuance of a
license. by the City clerk to an applicant within 30 days after
.receipt of an application unless the Administrator finds one or
more of the. following _to be true:
(1) An applicant isunder 18 years of age.
(2) An applicant is delinquent in his or her payment-to
the City of taxes, fees, .fines, or penalties
assessed against him or her or imposed upon. him or
her in relation to a sexually oriented business.
(3) An applicant has failed. to provide information
reasonably necessary for issuance of the license or
has falsely answered a question or request for
information on the application form..
(4) An applicant has been convicted of a violationof a
provision of this Chapter within two years..
immediately preceding the application. The fact
that a conviction is being. appealed shall have no
effect.
(5) An applicant is residing with a person who has been
deniedalicense by the City to operate a sexually
oriented business within the .preceding 12 months,
or residing with a personwhoselicense to operate.
a sexually oriented business has.. .been revoked
within the preceding 12 months.
(6) The premises to be used for the sexually oriented
business have not been approved by the fire
department and the building official as being in
compliance with applicable laws and ordinances.
(7) The license. fee required by this Chapter has not
been paid.:
(8) An applicant has been employed in a sexually
oriented business in a managerial .capacity within
the preceding 12 months and has demonstrated that
he or she is unable. to operate or manage. a. sexually
oriented business premises in a peaceful and
law-abiding manner, thus necessitating action by
law enforcement officers.
(9) An applicant. or the proposed establishment is in
violation of or is" not in compliance with .this
Ordinance..
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(10) An applicant or an .applicant's spouse. has been
convicted of a crime:
a. involving any of the following offenses:
1. prostitution as described in Minn. Stat.
§ 609.321.;
2. solicitation, inducement of promotion. of
prostitution as described in Minn..Stat.
§ 609.322;
3. receiving .profit derived from prostitution
as described in Minn. Stat. § 609.323;
4. other prohibited acts relating to prosti-
_tution as described in Minn. Stat.
§ 609.324;
5. obscenity as described in Minn. Stat.
§ 617.241;
6. sale, dissemination,. distribution, .display
or exhibition of harmful material to minors
as described in Minn. Stat. 617.293.. and
..617.294;
7. sexual performance by a child as described
in Minn. Stat. § 617.246;
8. dissemination or possession of child
pornography as described in Minn. Stat.
§ 61.7.247;
9. .indecent exposure as described in Minn..
Stat. § 617.2.3;
10. criminal sexual conduct as described in
Minn. Stat. §g 60.9.342, 609.343, 609..344,
and. 609.345.;
11. incest, as described.. in :Minn. Stat.
§ 609.365; or
12. criminal attempt, conspiracy, or olici-
tation to commit any of the foregoing
offenses;
b. for which•
i) less, than two years have.. elapsed
since the date of conviction or the
date of release from confinement..
imposed for the conviction,
whichever is the later date, if the
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conviction is of a misdemeanor
offense;
ii) less than five years have elapsed
since the date of conviction or the
date of release. from confinement for
the conviction, whichever is the
later date, if the conviction is of
a felony offense; or
iii) less than five. years have elapsed
since :..the date of the last
conviction or the date of release
from confinement for the last
conviction, whichever is the later
date, if the convictions are of two
or more misdemeanor offenses or
combination of misdemeanor offenses
occurring within any 24-month
period.
(b) Thee fact that a conviction is being appealed shall have
no effect on the disqualification of the applicant or ..applicant's
spouse..
(c) An applicant who has been convicted or whose spouse has
been convicted of an offense listed in Section 3-10-5(a)(10)(a) may
qualify .for a sexually oriented business license only when the time
period required by Section 3-10-5(a)(10)(b) has elapsed.
(d) The license, if granted, shall state the name of the
person or persons to whom it is granted, the .expiration date, and
the address of the sexually oriented business. The license shall
be posted in a conspicuous place at or near theentrance to- the
sexually oriented business so that.. it may be easily xead at any
time.
Sec. 3-10-6. LICENSE FEES; LICENSE .INVESTIGATION FEES.
The annual fee for a sexually oriented business license shall-
be set by resolution of the City Council. The investigation fee
for. the purpose of issuing a license shall beset by .resolution of
the City Council. In the event that the license is denied upon
application, the. license fee shall. be refunded; however, no part of
the license investigation fee shall be returned to the applicant.
No part of the annual license fee shall be refunded if the license
is suspended or revoked.
Sec. 3-10-7. INSPECTION.
(a) An applicantor licensee shall permit. representatives of
the police department, fire department, and building inspection
division to ..inspect. the premises of a sexually oriented business
for the purpose of insuring compliance with the law, at any time it
is occupied or open for business.
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(b) A person who operates a sexually oriented business or
.their agent or employee commits an offense if the person refuses to
permit a lawful inspection of the premises by a representative of
the police department at any time it is occupied or open for
business.
(c) The provisions of this section do not apply to areas of
an adult motel which are currently being rented by a customer fora
use as a permanent or temporary habitation.
Sec. ,3-10-8. E%PIRATION OF LICENSE.
(a) Each renewal license shall be issued for a maximum period
of one (1) year. All licenses expire on December. 31 of each year.
Each license may be renewed only by making application as provided
in Section 3-10-4. Application for renewal should be made at least
90 days before the expiration date. If the Council determines .good
and sufficient cause is shown by the Applicant for failure to file
a timely renewal application, the Council may, if other provisions
of the Chapter are complied with, grant the application.
(b) When the City: Administrator denies renewal of a license,
the applicant shall not be issued a license for one year from the
date of denial. If, subsequent to denial, the City Administrator
finds that the basis for denial of the renewal license has been
corrected or abated, the .applicant may be .granted a license if at
least 90 days have elapsed since the date denial became final...
Sec. 3-10-9. SIISPENSION.
The City Administrator may suspend a license for a period not
to exceed thirty (30) days following written notice and an
opportunity to be heard if the Administrator determines that a
licensee or an employee of a license has:
(1) violated or is not in compliance with this Chapter;
(2) engaged in excessive use of alcoholic beverages
_while on the sexually oriented business premises;
(3) refused to .allow an insgection of the sexually
oriented business premises asauthorized by ,this
Chapter.;
(4) knowingly permitted unlawful gambling by any person
on the sexually oriented business premises;
(5) demonstrated inability to operate 'or manage a
sexually oriented business in a peaceful and
law-abiding manner thus necessitating action by law
enforcement officers.
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Sec. 3-10-10. REDOCATION.
(a) The City Administrator may revoke a license preceded by
written notice and an opportunity to be heard if a cause of
suspension in Section 3-10-9 occurs and the ..license has been
suspended within the preceding 12 months.
(b) The City Administrator may revoke a license if the City
Administrator determines that:
(1) a licensee gave false or misleading information to
the City during the application process;
(2) a licensee or an employee has knowingly allowed
possession, use, or sale of controlled substances
on the premises;.
(3) a licensee or an employee has knowingly allowed
prostitution on the premises;
(4) a licensee. or an employee knowingly operated the
sexually oriented business during a period of time
when the licensee's license was suspended;
(5) a licensee has been convicted of an offense listed
in Section 3-10-5(a)(10)(a) for which the time
period required in Section 3-10-5(a)(10)(b) has not
.elapsed;
(6) on-two or more occasions within a 12-month period,.
a person or persons committedanoffense occurring
in or on the licensed premisesof a crime listed in
Section 3-10-5(a)(10)(a), for which a .conviction
has been obtained, and the person or persons were
employees of the sexually oriented.. business at the
time the offenses were committed;
(7) a licenseeor an employeehas knowinglyallowed•any
act of sexual intercourse., sodomy, oral copulation,
masturbation, or sexual contact to occur in or on
the licensed premises. The term "sexualcontact"
shall .have the meaning as it is defined in_Minn.
Stat. § 609.341, Subd. 11(b): or
(8) alicensee is delinquent in payment to the City for
ad valorem taxes, local .lodging tax, or other taxes
or fees related to the sexually. oriented business.:.:
(c) The fact that a conviction is being .appealed shall have
no effect on the revocation of the license.
(d) Subsection 3-10-10(b)(7) does not apply to adult motels
as a ground for revoking the license unless the. licensee or
.employee. knowingly. allowed the act of sexual intercourse, sodomy,
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oral copulation, masturbation, or sexual contact to occur in a
public. place or within public view..
(e) When the City Administrator revokes a license, the
revocation shall continue for one year and the licensee shall not
be issued a sexually oriented business license for one year-from
the date .revocation became effective. If, subsequent to
revocation, the City Administrator finds that the basis for the
revocation has been corrected or abated, the applicant may be
granted a license if at least 90 days have elapsed since the date
the revocation became effective. If the license was .revoked under
Subsection 3-10-10(b)(7), an applicant may not be granted another
license until the appropriate number of years required under
Section 3-10-5(a)(10)(b) have elapsed.
Sec. 3-10-11. APPEAL.
(a) If the City Administrator denies the issuance of a
license, or suspends, or revokes a license, the Administrator shall
send to the applicant, or licensee, by certified mail, return
receipt requested, written notice of the action,. and the right to
an .appeal. The aggrieved party may appeal the decision of the City
Administrator within 10 days of receiving .notice: of the City's
action. The filing of an appeal stays the action of ,the City
.Administrator in suspending or revoking a license until the City
.Council makes a final decision.
(b) PROCEDURE: The City. Council may appoint a committee of
the ,Council or an independent hearing officer to hear the matter,
report findings of fact and a recommendation for disposition to the
Council. Hearings on the appeal shall be open to the public and
.the licensee or applicant shall have the right to appear_and be
represented by legal counsel and to offer evidence in its behalf.
At the conclusion of the .hearing, the City Council shall make a
final decision.
(c) ADDITIONAL REQUIREMENTS; The City Council may condition
denial., suspension, revocation, or non-renewal of a license upon
appropriate: terms and conditions,
Sec. 3-10-12. TRANSFER OF LICENSE.
A licensee shall: not transfer his or her license to another,
nor. shall a licensee operate a sexually oriented business under the
authority of a license at any place other than the .address
designated in the application.
Sec. 3-10-13. ADDITIONAL REGIILATIONS FOR ESCORT AGENCIES.
(a) An escort agency shall not employ any person under the
age of 18 years.
{b) A person commits an offense_if he or she acts as an
escort or agrees to act as an escort for any, person. under the age
of 18 years.
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.Sec. 3-10-14. ADDITIONAL REGIILATIONS FOR NIIDE MODEL STIIDIOS.
(a) A nude model studio shall. not employ any person under the
.age of 18 years.
(b) A person commits an offense if he or she. appears in a
state of nudity or knowingly allows another to appear in a state of
nudity in an area of a nude model studio premises which. can be
viewed from the .public right of way.
,.Sec. 3-10-15. ADDITIONAL REGIILATIONS FOR ADIILT THEATERS AND ADIILT
MOTION PICTIIRE THEATERS.
(a) A person commits an offense if he or she knowingly allows
a person under the age of 18 years to appear in a state of .nudity
in or on the .premises. of an adult theater or adult motion picture
theater.
(b) It is a defense to prosecution .under Subsection. (a) of
this section if the. person under 18 years was in a restroom not
open to public view or persons of .the opposite sex.
Sec. 3-10-16. ADDITIONAL REGIILATIONS FOR ADIILT MOTELS.
(a) Evidence that a sleeping .room in a hotel, motel, or
similar commercial .establishment has been rented and vacated two or
more times in a period of time that is less than 10 hours creates
a rebuttable presumption that the establishment. is an adult motel.
as that term is defined in this Chapter..
(b) A person commits an offense if, as the person in control
of a sleeping room in a hotel, motel, or similar .commercial
establishment that does not have. a sexually oriented business
license, he or she rents or subrents a sleeping room to a person.
and, within 10 hours from the time the room is rented., he or she
rents or subrents the same. sleeping room .again.
(c) For purposes of Subsection (B) of this section, the terms
"rent" or "subrent" mean the act of permitting a room to be
.occupied for ..any. form of consideration..
Sec. 3-10-17. REGIILATIONS PERTAINING TO EBHIBITION OF SE%IIALLY
EBPLICIT FILMS OR VIDEOS..
(a) A person who operates or causes to be operatedasexually.
oriented business, other than an adult motel, which exhibits on the
premises in a viewing room of .less than 150 square feet of floor
space, a film, video cassette, or other video reproduction which ,
.depicts specified sexual activities or specified anatomical areas,
shall comply with the.following requirements:
(I) Upon application for a sexually. oriented business
license, the application shall be accompanied by a
diagram. of the premises showing a plan thereof
specifying the location of one or .more manager's
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stations and the location of all overhead lighting
fixtures and designating any portion of the
premises in which patrons will not be permitted. A
manager's station may not. exceed 32 square feet of
floor area. The diagram shall also designate the.
place at which the permit will be conspicuously
posted, of granted. A professionally prepared
diagram in the nature of an engineer's or archi-
tect's blueprint shall not be required; however,
each diagram should be oriented to the north or to
some designated street or object and should be
drawn to a designated scale or .with .marked
.dimensions sufficient to show .the various internal
dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six
inches. The City Administrator may waive the
foregoing diagram for renewal applications if the
applicant adopts a diagram that was previously
submitted and certifies that the configuration' of
the premises has not been altered since it .was
prepared.
(2) The .application shall be sworn to be true and
correct by the applicant..
(3) No alteration in the configuration or location of a
.manager's station may be made without the prior
approval of the City Administrator or his or her
designee.
(4) It is the duty of the owners and operator of the
premises to ensure that at least one. employee is on
duty and situated in each manager's station at all
times that any patron is present inside the
premises..
(5) The interior of the premises shall be configured in
such a mannerthat there is an unobstructed view
from a manager's station of every area of the
premises to which any patron is permitted access
for any purpose excluding restrooms. Restroomsmay
not contain video .reproduction equipment. If the
premises has two or more manager's stations
designated, thenthe interior of the premises shall
be configured in such a manner. that there is an
unobstructed view of each area of the premises to
which any patron is permitted ..access for any
purpose from at beast one of .the .manager's
stations. The view required in this subsection
must be by direct line of sight from the manager's
station.
(6) It shall be the duty of the owners and operator,
.and it shall also be the duty. of any agents .and
employees present in the premises to ensure that
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the view area specified in Subsection (5) remains
unobstructed by any doors, walls, merchandise,
display racks or other materials at all times that
any patron is present in the premises and to ensure
.that no patron is permitted access to any area of
the premises which .has been designated as an area
in which patrons will not be permitted in the
application filed pursuant to Subsection (1) of
.this section..
(7) The premises shall be equipped with. overhead
lighting fixtures. of sufficient intensity to
illuminate every .place to which patrons are
permitted access at an -illumination of not less
than .one {1.0) footcandle as measured at the floor
level.
(8) It shall be the duty of the owners and operator and
it shall also be the duty of any .agents and.
employees present in the premises to ensure that
the illumination .described above, is maintained at
all times that any patron is present in the
premises.
(b) A person having a duty under Subsections (1) through{8)
of Subsection (a) above commits an offense if the person knowingly
fails to fulfill-.that duty.
Sec. 3-10-18. ENFORCEMENT.
(a) Any person violating a provision of this_Chapter, upon
conviction, is punishable. by a fine not to exceed $700.00 and
ninety (90) days in jail.
(b) It is a defense to prosecution under this Chapter that a
person appearing in a state of nudity did so in a modeling class
operated:
(1) by a proprietary .school licensed by .the State of,
Minnesota; a college, junior college, or university
supported .entirely or partly by taxation;
(2) by a private college or university which maintains
and operates educational programs in which credits
are transferrable to a college, junior college, or
university supported entirely or partly by
.taxation;. or
(3) in a structure:
a. which has no sign visible from the exterior of
the structure and no other advertising that
indicates a nude person is available for
viewing; and
4608 1 5 r04/01/93
b. where in order to participate in a. class a
student must enroll at least three days in
advance of the class; and
c. where no more than one nude model. is on the
premises at any one time.
Sec. 3-10-19. INJIINCTION.
A person who operates or causes to be operated a sexually
oriented business-without a valid license or in violation of this
Chapter is subject to a suit for injunction as well as prosecution
for criminal violations.
Section 2. Effective Date. This Ordinance shall be effective
ninety (90) days after its passage and publication according to
law.
PASSED AND ADOPTED by the Lakeville City Council this 19th
day of April , 1993.
CITY OF ILLS
BY:
Du ne R. Zaun, or
TTEST
Charlene Friedges, ity Clerk
6608 16 r06/01/93
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AFFIDAVIT OF PUBLICATION
Richard M. Sherman , being duly sworn,
on oath says that he/she is the publisher
or authorized agent and employee of the
known as
publisher of the newspaper �t<x P
EtitrfZ Lakeville Life & Times, and has full know-
ezbj,-ssjy ledge of the facts which are stated below:
aayja (A) The newspaper has complied with
spew all of the requirements constituting quali-
,e.1' �'
ffications as a qualified newspaper, as pro-
�e�-
MAWS vided by Minnesota Statute 331A.02,
osirew.dse 331A.07, and other applicable laws, as
amended.
(B) The printed
City of Lakeville Ord. 495
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RATE INFOR N— - -
(1) Lowest classified rate paid by commercial
users for comparable space: $6.65 per column
inch.
(2) Maximum rate allowed by law for the
above matter: $6.65 per column inch.
(3) Rate actually charged for the above
matter: $5.64 per column inch.
15/
la—widely which is attached was cut from the col-
, umns of said newspaper, and was printed
211' and published once on Monday, the
3AI1( 26th
....,.� , day of
S1Vp
April
, 1993; 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:
abcdefghijklmnopgistuvwxyz
BY: f—z-�
TITLE: Publisher
Subscribed and sworn to before me on
this 27th day of April ,1993.
Notary Public