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Home My WebLink About0523 - CITY OF LAKEVILLE DAKOTA COUNrY, M]Q~VESOTA ORDINANCE NO. 523 AN ORDINANCE AMENDING ORDINANCE NO. 167. BY .MAKING PROVISIONS FOR THE OPPORTIINITY AS WELL AS THE CONTROL OF SEXIIALLY ORIENTED ACTIVITIES. THE CITY COUNCIL OF THE CITY OF LAREVILLE ORDAINS: Section 1. Ordinance No. 167, Section 2.2 of the Lakeville City Code (Definitions) is hereby amended to .add the following: 139A) Sexually Oriented .Activities - Related Terms. a) Sexually Oriented Uses. Uses which include adult bookstores, adult motion picture theaters, 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. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. 1. Specified Anatomical Area. Human genitals in a state of sexual arousal. 2. Specified Sexual Activities. Includes any of the following: A. The .fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; C. Masturbation, actual or simulated; or x r # D. Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. b) Sexually Oriented Use - Accessory. The offering of retail goods for sale which are classified as sexually oriented 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 the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like. c) Sexually Oriented Uses - Principal. The offering of goods and/or services which are classified as sexually uses as a primary or sole activity of a business or establishment and include but are not limited to the following: 1. Sexually Oriented Arcade. 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-producing 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". 2. Sexually Oriented Bookstore. Sexually Oriented Video Store, or Sexually Oriented Store. 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: A. Books,. magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other. visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or B. Instruments, devices, or paraphernalia which: are designed for use in connection with "specified sexual activities". 2 3. Sexually Oriented. Cabaret.. A nightclub, bar, restaurant, or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or C. Films, motion pictures, video cassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". 4. .Sexually Oriented 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 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. Sexually Oriented Massage Parlor. A massage parlor which excludes minors by reason 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". 6. Sexually Oriented Motel. A hotel, motel or .similar commercial establishment which: A. Offers accommodations. to the public for 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"; and has a sign visible. from .the public right. of way which advertises the availability of this adult type of photographic reproductions; or B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or 3 C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. 7. Sexually- Oriented Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic. reproductions are regularly shown which are characterized by the.. depiction or description of "specified sexual activities" or "specified anatomical areas". 8. Sexually Oriented Sauna. 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, 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". 9. Sexually Oriented Theater. 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 characterized by the exposure of "specified anatomical areas" or by "specified. sexual activities". 10. Escort. 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. il. Escort Agency. 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. 12. Establishment. Means and includes any of the following: A. The opening or commencement of any sexually oriented business as a new business; B. The .conversion of an existing. business, whether or not a sexually oriented business, to any sexually oriented business; _4 ( C. The addition of any sexually oriented business to any .other existing sexually oriented business; or D. The relocation of any sexually oriented business. 13. Nude Model Studio. Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. 14. Nudity or State of Nudit~r. Nudity or State of Nudity is described as follows: A. The appearance of a human-bare buttock, anus, male genitals, female genitals, or" female breast; or B. A state of dress which fails to opaquely cover a human. buttock, anus, male genitals, female genitals, or areola of the female breast. 15. Semi-Nude.. A state of dress in which .clothing covers no more than the genitals, pubic region., and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. 16. Sexual Encounter Center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or B. 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. 5 Section 2. Ordinance No. 167, Section 228 is hereby amended to add the following: SECTION 228. SEXUALLY ORIENTED USES 228.1 Purpose. The purpose of this section is to establish provisions for the opportunity as well as controls of Sexually Oriented Uses within the City of Lakeville. 228.2 General. Sexually oriented .uses as defined in this Ordinance shall be subject. to the following general provisions: 1} Activities classified as obscene as defined by Minnesota Statute 617.241 are .not .permitted and are prohibited. 2) Sexually -.oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. 3} Sexually oriented uses, either principal or accessory, shall be prohibited .from locating in any building .which is also used to dispense or consume alcoholic beverages. 4) A sexually oriented use which does not qualify as an accessory use shall be classified as a sexually oriented use-principal. 228.3 Sexually Oriented Uses - Principal. 1) Sexually oriented use-principal shall be located at least three (300) radial feet, as measured in a straight line from the closest point of .the property line of the building upon which the sexually oriented use-principal is located to the. property line of: a) Residentially zoned property. b) A licensed. day care center. c) A public or private educational facility classified as a pre-school, elementary, junior high or senior high.. d) A public library. e) A public park.. f) Another sexually oriented use - principal. g) An on/off-sale liquor establishment. 6 f 2) Sexually oriented use-principal activities, as defined by this Ordinance, shall be classified as one use. No two sexually oriented uses-principal shall be located in the same building or upon the same property and each use shall `be subject to Section 22B.3, (1). 3) Sexually oriented use-principal shall, in addition to .other sign requirements established by .City Code, also adhere to the. following signing .regulations: a) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted b) Shall .not contain material classified as advertising. c) Shall comply with the requirements of size and number for the district in which they are located. 22B.4 Sexually Oriented Uses.- Accessory. 1) Sexually oriented use-accessory shall:. a) Comprise no more than ten (10) percent of the floor area of the :establishment in which it is located. b) Comprise no more than twenty (20) percent of the gross receipts of the entire business operation. c) Not involved. or include any activity. except the sale or rental of merchandise: 2) Sexually oriented use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: a) Movie Rentals. 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 or shall be in catalogs. under .the direct control and distribution of the operator. 7 b) Magazines.. Publications classified. or qualifying as sexually oriented 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. c) Other Use. Sexually oriented uses.-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. 3) Sexually oriented use-accessory shall be prohibited from both internal and external advertising and signing of -sexually oriented materials and products. 4) Sexually oriented use-accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. Sectioa 3. Section 35, 35.3 (District Provisions) of the Zoning Code is hereby amended by adding the following: 4) Sexually oriented uses-accessory. Section 4. Section 37, 37..2 (District Provisions) of the Zoning Code is hereby amended by adding the following: 8) Sexually oriented uses-principal and accessory. Section 5. Section 38, 38.2 (District Provisions) of .the Zoning Code is hereby amended by adding the following:. 35) .Sexually oriented uses-principal and accessory. Section 6. Section 40, 40.2 (District Provisions) of the Zoning Code is hereby amended by adding the following: 9) Sexually oriented uses-principal and accessory. 8 Section 7. This Ordinance shall take effect immediately upon its passage and publication. PASSED this 21st day of March 1994. .1...~t..~2.. Du ne R. Zaun, Ma ATTEST: Charlene ried s, City Clerk 9 A PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 523 AN ORDINANCE AMENDING ORDINANCE NO. 167 BY MAKING PROVISIONS FOR THE OPPORTUNITY AS WELL AS THE CONTROL OF SEXUALLY ORIENTED ACTIVITIES. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1, Ordinance No. 167, Section 2.2 of the Lakeville City Code (Defini- tions) is hereby amended to add the fol- lowing: 139A) Sexually Oriented Activities - Re- lated Terms a) Sexually Oriented Uses. Uses which include adult bookstnres..a4.lt..n,>_ tal recordings, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or B. Instruments, devices, or para- ; phernalia which are designed for use in connection with "specified sexual activities". 3. Sexually Oriented Cabaret A nightclub, bar, restaurant, or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are characterized by the exposure of"specified anatomical areas" or by "specified sexual activi- ties"; or 069'015 ar. 111103 ANDD NOSY8a1 b31SAlIHD 46, u a 13 iblisnmenc In w ed. no more than rtoss Tey C.:ent of the g the entire business n. olved except or iheude any sale or D. excep f merchandise. . N ri.ented use -accessory whstricted from and pro- sta:ss to minors by the fieeparati.on of suitems to Is of general public pai ces 01 gra Rentals. Display areas °tube restricted from gen- an21ew and shall be located 14. f1 a separate room, the or +s of which is in clear view follsnder the control of the 069'1713—.01'41/WY 'oM11a'Md *W3 hel /Y a Id < 066 9$- ADN39311 86 S01O Z61 , 09LL + OMI Id'Md1."O III5/5'Id 'Si ON3931 Y21f1DY 88, 066'L$"-' "M"`a'a^I" •id 'Md'm°n 111.'3N'ed'sdw IYJfOD Abf1DN3ri 88, 'Md III IN '/d 'Id' „ 014S Sf18flY1 a ioJ 68, , 066'L$.— "~.••ra'wi/ v 7d 'Md' "no'nn'3N'Id'SA w 111OdS 1YD32131DIf18 68, + OMI'ld'Md 1.1^O11415N 'Id 'San 319YS Alif1D83W 69, , L 066 8$�._.._...._.._._. OMB 'ld 'Md 19d0 Ill '7/1„ YOISS311D YlOAO168. , 068'8$— aMI'M4' 5"3'Iel',N 'Id 'Sd '1 a 1ODDY YONOH 68. 000`SrS aapun SUV 3 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $11.00 per column inch. (2) Maximum rate allowed by law for the above matter: $11.00 per column inch. (3) Rate actually charged for the above matter: $6.20 per column inch. zy( 000 069'Z$ I13� 0661i— SLb'S$ GAM SI IlblIVOir,1 066'6$ YN31_"- 066'9$' i 'ANO. 066'9$ NOW 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 publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Theprinted City of Lakeville sexually oriented activites which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 28 day of March , 1994; 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: abcdef gh ij klmnopgrstuvwxyz BY: rG�� TITLE: Publisher Subscribed and sworn to before me on this 28 day of March , 1994. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY (/v ccmmission expires 1-1 97