HomeMy WebLinkAboutCity Council Ordinance 2002-12CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2002-12
AN ORDINANCE AMENDING SECTIONS 105 AND 1175, DEFINING
AND LICENSING SEXUALLY ORIENTED BUSINESSES
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 105.01 of the Plymouth City Code is hereby amended by adding and
renumbering the following definitions:
"City Manager" means the City Manager or an employee of the City designated by the City
Manager.
"Distinguished or Characterized by an Emphasis Upon" means the dominant or principal theme of
the object referenced. For instance, when the phrase refers to films "which are distinguished or
characterized by an emphasis upon the exhibition or display of specified anatomical areas," or
"specified sexual activities."
"Employee, Employ, And Employment" describe and pertain to any person who performs any
service on the premises of a sexually oriented business on a full-time, part-time or contract basis,
regardless of whether the person is denominated as an employee, independent contractor, agent, or
by another status. 'Employee" does not include a person exclusively on the premises for repair or
maintenance of the premises, or for the delivery of goods to the premises.
"Operate or Cause to be Operated" means to cause to function or to put or keep in a state of doing
business.
"Operator" means any person on the premises of a sexually oriented business who is authorized to
exercise operational control of the business, or who causes to function or who puts or keeps in
operation, the business. A person may be found to be operating or causing to be operated a sexually
oriented business regardless of whether that person is an owner, part owner, or licensee of the
business.
"Regularly Features or Regularly Shown" means a consistent or substantial course of conduct, such
that the films or performances exhibited constitute a substantial portion of the films or performances
offered as a part of the ongoing business of the sexually oriented business.
"Substantial Enlargement" of a sexually oriented 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.
Section 2. The following definitions under Section 105.01 of the Plymouth City Code are hereby
amended as follows and shall be renumbered:
Subd. 25.C. `Establish or Establishment" 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.
Subd. 43.B. "Nudity, Nude or a State Of Nudity" means:
(1) the appearance of a human bare anus, male genitals, female genitals, or female
breast; or
(2) a state of dress which fails to opaquely cover a human anus, male genitals, female
genitals, or areola of the female breast.
Subd. 64.B. "Semi -Nude or in a Semi -Nude Condition" means 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.
Subd. 67.A. "Sexual Encounter Center" means a business or commercial enterprise that, as
one of its primary business purposes, offers for any form of consideration: a place where two (2) or
more persons may congregate, associate, or consort for the purpose of "specified sexual activities."
The definition of sexual encounter center or any Sexually Oriented Businesses shall not include an
establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in medically approved and recognized sexual therapy.
Subd. 67.E. "Sexually Oriented Cabaret" means a nightclub, bar, restaurant, or similar
96405 2
commercial establishment which regularly features:
(1) persons who appear in a state of nudity or semi-nude; 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, 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."
Subd. 67.K. "Sexually Oriented Theater" means a theater, concert hall, auditorium, or
similar commercial establishment which regularly features persons who appear in a state of nudity
or semi-nude or live performances which are characterized by the exposure of "specified anatomical
areas" or by "specified sexual activities".
Subd. 72.A. "Specified Anatomical Areas" means:
(1) human male genitals in a discernibly turgid state, even if completely and opaquely
covered; or
(2) less than completely and opaquely covered human genitals, pubic region, buttocks,
or a female breast below a point immediately above the top of the areola.
Section 3. Subdivision 72.C. of Section 105.01 of the Plymouth City Code is hereby repealed.
Section 4. Section 1175 of the Plymouth City Code is amended in its entirety to read as follows:
Section 1175 - Sexually Oriented Businesses
1175.01 PpMose and Intent. Subdivision 1. It is the purpose of this Section is to regulate
Sexually Oriented Businesses to promote the health, safety, morals, and general welfare of the
citizens of the City, to guard against the inception and transmission of disease, and to establish
reasonable and uniform regulations. The provisions of this Section 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 not the intent nor effect of this Section to
restrict or deny access by 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.
Subd. 2. 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
96405
requiring close inspection, licensing, and regulation.
1175.03. Classification. The following are classified as Sexually Oriented Businesses:
(a) Sexually Oriented Arcades;
(b) Sexually Oriented Bookstores, Sexually Oriented Video Stores, Sexually Oriented
Stores;
(c) Sexually Oriented Cabarets;
(d) Sexually Oriented Conversation/Rap Parlors;
(e) Sexually Oriented Massage Parlors;
(f) Sexually Oriented Motels;
(g) Sexually Oriented Motion Picture Theaters;
(h) Sexually Oriented Saunas;
(i) Sexually Oriented Theaters;
0) Escort Agencies;
(k) Nude Model Studios; and
(1) Sexual Encounter Centers.
1175.05 License Required. Subdivision 1. A Sexually Oriented Business may not be
operated without a valid license, issued by the City for the particular type of business. A Sexually
Oriented Business existing on the date of the enactment of this Section must obtain a license within
90 days or close doing business.
Subd. 2. An application for a Sexually Oriented Business license must be made on a form
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 not 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 subsection 1175.31 of this Section
shall submit a diagram meeting the requirements of that Section.
Subd. 3. An application shall be considered complete if it includes the information required
in this subsection. The applicant shall be qualified according to the provisions of this Section. The
application shall be notarized. The application shall include the information called for in
subsections (a) through (g) as follows:
96405 4
(a) The full true name and any other names used in the preceding five (5) years.
(b) The current business address.
(c) Either a set of fingerprints suitable for conducting necessary background checks
pursuant to this Section, or the applicant's Social Security Number, to be used for the same
purpose.
(d) The name, business location, legal description, business mailing address and phone
number of the proposed Sexually Oriented Business.
(e) Written proof of age, in the form of either (i) a copy of a birth certificate and current
photo (ii) a current driver's license with picture, or (iii) other picture identification document
issued by a governmental agency.
(f) The issuing jurisdiction and the effective dates of any license or permit held by the
applicant relating to a Sexually Oriented Business, and whether any such license or permit
has been denied, revoked, or suspended, and if so, the reason or reasons therefore.
(g) The name and address of the statutory agent or other agent authorized to receive service
of process.
The information provided pursuant to subsections (a) through (g) shall be supplemented in
writing by certified mail, return receipt requested, to the City Clerk within ten (10) working
days of a change of circumstances which would render the information originally submitted
false or incomplete.
Subd. 4. The applicant must be qualified according to the provisions of this Section and the
premises must be inspected and found to be in compliance with the law by the fire department and
building official.
Subd. 5. 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, and each officer, director, general partner, or other person who will
participate directly in decisions relating to management of the business must sign the application for
a license as applicant. Each applicant must be qualified under Section 1175.07 and each applicant
shall be considered a licensee if a license is granted.
1175.07 Issuance of License. Subdivision 1. Upon the filing of a completed application for a
Sexually Oriented Business license, the City shall issue a Temporary License to the applicant,
which Temporary License shall expire upon the final decision of the City to deny or grant the
license.
Subd. 2. The City Manager shall either issue a license, or issue a written notice of intent to
96405 5
deny a license, to the applicant within 30 days after receipt of an application. The City Manager
shall approve the issuance of a license unless one or more of the following is found to be true:
(a) An applicant is under 18 years of age.
(b) An applicant is delinquent in the 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.
(c) An applicant has failed to provide information required under subsection 1175.05 or
which is necessary for issuance of the license or has falsely answered a question or request
for information on the application form.
(d) An applicant has been convicted of a violation of a provision of this Section within two
years immediately preceding the application. The fact that a conviction is being appealed
shall have no effect.
(e) 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.
(f) The license fee required by this Section has not been paid.
(g) An applicant or the proposed establishment is in violation of or is not in compliance
with this Section.
(h) An applicant has been convicted of a crime:
1. involving any of the following offenses:
(a) prostitution as described in Minn. Stat. § 609.321;
(b) solicitation, inducement of promotion of prostitution as described in Minn. Stat.
§ 609.322;
(c) receiving profit derived from prostitution as described in Minn. Stat. § 609.323;
(d) other prohibited acts relating to prostitution as described in Minn. Stat. §
609.324;
(e) obscenity as described in Minn. Stat. § 617.241;
(f) sale, dissemination, distribution, display or exhibition of harmful materials to
minors as described in Minn. Stat. §§ 617.293 and 617.294;
(g) sexual performance by a child as described in Minn. Stat. § 617.246;
96405 6
(h) dissemination or possession of child pornography as described in Minn. Stat. §
617.247;
(i) indecent exposure as described in Minn. Stat. § 617.23;
0) criminal sexual conduct as described in Minn. Stat. §§ 609.342, 609.343,
609.344, and 609.345;
(k) incest, as described in Minn. Stat. § 609.365; or
(1) criminal attempt, conspiracy, or solicitation to commit any of the foregoing
offenses:
2. for which:
(a) 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
conviction is of a misdemeanor offense;
(b) 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
(c) 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.
(i) The proposed Sexually Oriented Business would or does not comply with the City's
Zoning Ordinance.
Subd. 3. The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant. For purposes of this Section, "conviction":
(a) means a conviction or a guilty plea; and
(b) includes a conviction of any business entity for which the applicant had, at the time of
the offense leading to the conviction for a crime designated under this Section, a
management responsibility or a controlling interest.
Subd. 4. An applicant who has been convicted of an offense listed in Section 1175.07,
Subd. 2(h)(1) may qualify for a Sexually Oriented Business license only when the time period
required by Section 1175.07, Subd. 2(h)(2) has elapsed.
Subd. 5. The license, if granted, shall state the name of the person or persons to whom it is
96405 7
granted, the expiration date and the address of the Sexually Oriented Business. The license shall be
posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it
may be easily read at any time.
1175.09 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 be set 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.
1175.11 Inspection. Subdivision 1. An applicant, operator, or licensee shall permit law
enforcement officers and any other federal, state, county or city agency in the performance of any
function connected with the enforcement of this Section, normally and arguably conducted by such
agencies 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.
Subd. 2. 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 as required
under this subsection at any time it is occupied or open for business.
Subd. 3. The provisions of this section do not apply to areas of a Sexually Oriented Motel
which are currently being rented by a customer for use as a permanent or temporary habitation.
1175.13 Expiration of License. Subdivision 1. 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 subsection 1175.05. Application for
renewal shall be made by October 1. No renewal application received after October 1 shall be
considered by the City Council unless it 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
Section are complied with, grant the application.
1175.15 Suspension. The City Manager may suspend a license for a period not to exceed
thirty (30) days following written notice and an opportunity for the licensee to be heard if the City
Manager determines that a licensee or an employee of a licensee has:
(a) violated or is not in compliance with this Section;
(b) refused to allow an inspection of the Sexually Oriented Business premises as
authorized by this Section;
(c) knowingly permitted unlawful gambling by any person on the sexually oriented
business premises;
1175.17. Revocation. Subdivision 1. The City Manager shall issue a written statement of intent to
revoke a Sexually Oriented Business license if a cause of suspension in Section 1175.15 occurs and
96405 8
the license has been suspended within the preceding 12 months.
Subd. 2. The City Manager shall issue a written statement of intent to revoke a Sexually
Oriented Business license if the City Manager determines that:
(a) a Licensee gave false or misleading information to the City during the application
process;
(b) a Licensee or operator has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(c) a Licensee or operator has knowingly allowed prostitution on the premises;
(d) a Licensee or operator knowingly operated the Sexually Oriented Business during a
period of time when the Licensee's license was suspended;
(e) a Licensee has been convicted of an offense listed in Section 1175.07, Subd.2(h)(1) for
which the time period required in Section 1175.07, Subd.2(h)(2) has not elapsed;
(f) on two or more occasions within a 12 -month period, a person or persons committed an
offense occurring in or on the licensed premises of a crime listed in Section 1175.07,
Subd.2(h)(1), 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;
(g) a Licensee or operator has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The
term "sexual contact" shall have the meaning as it is defined in Minn. Stat. § 609.341, Subd.
11(b) . This subsection shall not apply to a Sexually Oriented Motel, unless the licensee
knowingly allowed sexual activities to occur either (i) in exchange for money, or (ii) in a
public place or with public view; or
(h) a Licensee 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.
Subd. 3. The fact that a conviction is being appealed shall have no effect on the revocation
of the license.
Subd. 4. Subsection 1175.17, Subd. 2(g) does not apply to Sexually Oriented Motels as a
ground for revoking the license unless the Licensee or operator knowingly allowed the act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or
within public view.
Subd. 5. When, after the notice and hearing procedure described in Subsection 1175.19, the
City Manager 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, provided that, if the conditions of Section 1175.19, subd. 2 are met, a Provisional License
96405 9
shall be granted pursuant to that Section. If, subsequent to revocation, the City Manager 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 Section 1175.17, subd. 2(g), an applicant may not be granted another license until the
appropriate number of years required under Section 1175.07, subd. 2(h)(2) have elapsed.
1175.19. Hearing; License Denial, Suspension, Revocation; Appeal. Subdivision 1. If the
City Manager determines that facts exist for denial, suspension, or revocation of a license under this
Section, the City Manager shall notify the applicant or licensee ("respondent") in writing of the
intent to deny, suspend, or revoke the license, including the grounds therefore, by personal delivery
or by certified mail. The notification shall be directed to the most current business address on file
with the City Manager. Within five (5) working days of receipt of such notice, the respondent may
provide to the City Manager, in writing, a response that shall include a statement of reasons why
the license or permit should not be denied, suspended, or revoked. Within three (3) days of the
receipt of respondent's written response, the City Manager shall notify respondent in writing of the
hearing date on respondent's denial, suspension, or revocation proceeding.
Subd. 2. Within ten (10) working days of the receipt of respondent's written response, the
City shall conduct a hearing on respondent's appeal of the City Manager's decision. 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. If a response is not received by the City in the time
stated or, if after the hearing, the City finds that grounds as specified in this Section exist for denial,
suspension, or revocation, then such denial, suspension, or revocation shall become final five (5)
days after the City sends, by certified mail, written notice that the license has been denied,
suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of
the right to appeal such decision to a court of competent jurisdiction.
If the City Council finds that no grounds exist for denial, suspension, or revocation of a
license, then within five (5) days after the hearing, the City Manager shall withdraw the intent to
deny, suspend, or revoke the license, and shall so notify the respondent in writing by certified mail
of such action and shall contemporaneously issue the license.
Subd. 3. Any decision of the City Council shall be a final appealable order and the applicant
or licensee ("aggrieved party") may seek prompt judicial review of such administrative action in any
court of competent jurisdiction.
Subd. 4. The filing of an appeal stays City Manager's action requiring, denying, suspending
or revoking a license until 60 days after a final decision by the City Council, to provide the
aggrieved party sufficient time to appeal the City Council's decision to a court of competent
jurisdiction. If the aggrieved party appeals the City Council's decision within the 60 days provided,
the stay shall be extended until a final judicial decision is rendered in the matter.
Subd. 5. Upon the filing of any court action to appeal, challenge, restrain, or otherwise
96405 10
enjoin the City's enforcement of the denial, suspension, revocation, or licensure requirement, the
City shall immediately issue the aggrieved party a Provisional License. The Provisional License
shall allow the aggrieved party to continue operation of the Sexually Oriented and will expire upon
the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or
otherwise enjoin the City's enforcement.
Subd. 6. The City Council may condition denial, suspension, revocation, or non -renewal of
a license upon appropriate terms and conditions.
1175.21 Transfer of License. A licensee shall not transfer a 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.
1175.23 Additional Regulations for Escort A eg ncies. Subdivision 1. An escort agency shall
not employ any person under the age of 18 years.
Subd. 2. A person commits an offense if that person acts as an escort or agrees to act
as an escort for any person under the age of 18 years.
1175.25 Additional Regulations for Nude Model Studios. Subdivision 1. A nude model
studio shall not employ any person under the age of 18 years.
Subd. 2. 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.
1175.27. Additional Regulations For Sexually Oriented Theaters And Sexually Oriented Motion
Picture Theaters. Subdivision 1. 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 a Sexually
Oriented Theater or Sexually Oriented Motion Picture Theater.
Subd. 2. It is a defense to prosecution under Subdivision 1 of this section if the person
under 18 years was in a restroom not open to public view or persons of the opposite sex.
1175.29 Additional Regulations For Sexually Oriented Motels. Subdivision 1. 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 a Sexually Oriented Motel as that term is defined in this Section.
Subd. 2. 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.
Subd. 3. For purposes of Subdivision 2 of this section, the terms "rent" or "subrent" mean
the act of permitting a room to be occupied for any form of consideration.
96405 11
1175.31 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.
Subdivision 1. A person who operates or causes to be operated a Sexually Oriented Business, other
than a Sexually Oriented 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:
(a) 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 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, if granted. A professionally prepared diagram in the nature of an engineer's
or architect'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 Manager 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.
(b) The application shall be sworn to be true and correct by the applicant.
(c) No alteration in the configuration or location of a manager's station may be made
without the prior approval of the City Manager.
(d) 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.
(e) The interior of the premises shall be configured in such a manner that 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. Restrooms may
not contain video reproduction equipment. If the premises has two or more
manager's stations designated, then the 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 least one of the
manager's stations. The view required in this subsection must be by direct line of
sight from the manager's station.
(f) 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 view area specified
in Subsection (e) 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
96405 13
designated as an area in which patrons will not be permitted in the application filed
pursuant to Subsection (a) of this section.
(g) 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.
(h) 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.
(i) No viewing room may be occupied by more than one (1) person at any time.
(j) No licensee shall allow openings of any kind to exist between viewing rooms or
booths.
(k) No person shall make or attempt to make an opening of any kind between viewing
booths or rooms.
(1) The licensee shall, during each business day, regularly inspect the walls between the
viewing booths to determine if any openings or holes exist and shall cover or repair
all openings or holes with 24 hours.
(m) The licensee shall cause all floor coverings in viewing booths to be nonporous,
easily cleanable surfaces, with no rugs or carpeting.
(n) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to
be constructed of, or permanently covered by, nonporous, easily cleanable material.
No wood, plywood, composition board, or other porous material shall be used within
forty-eight (48) inches of the floor.
Subd. 2. A person having a duty under Subsections (a) through (n) of Subdivision 1
commits a misdemeanor if the person knowingly fails to fulfill that duty.
1175.33. General Restrictions for Conduct within a Sexually Oriented Business. Subdivision
1. All performers, dancers, and persons appearing in a semi-nude condition or providing live
entertainment distinguished or characterized by an emphasis on matters depicting, describing, or
relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas
adjoining the licensed facility where such entertainment can be seen by patrons of the licensed
facility shall remain at all times a minimum distance of six (6) feet from all patrons, customers, or
spectators and shall dance or provide such entertainment on a platform intended for that purpose,
which shall be raised at least two (2) feet from the level of the floor on which patrons or spectators
are located.
Subd. 2. No dancer, performer, or person while semi-nude or providing live entertainment
distinguished or characterized by an emphasis on matters depicting, describing, or relating to
96405 14
specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining
the licensed facility where the entertainment can be seen by patrons of the licensed facility shall
knowingly or intentionally touch any spectator or patron or the clothing of any spectator or patron.
Subd. 3. No customers, spectator, or patron of a licensed facility shall directly pay or give
any gratuity to any dancer or performer in a semi-nude condition and no dancer or performer in a
semi-nude condition shall solicit or receive any pay or gratuity directly from any patron or spectator.
Subd. 4. No sexually oriented business, except for a Sexually Oriented Motel, may remain
open at any time between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on
weekdays and Saturdays, and one o'clock (1:00) A.M. and noon (12:00) P.M. on Sundays.
1175.35 Additional Regulations Concerning Public Nudity. It shall be a misdemeanor for a person
to knowingly and intentionally, in a sexually oriented business, appear in a state of nudity or engage
in specified sexual activities.
1175.37 Prohibition Against Children In A Sexually Oriented Business. No licensee, operator or
employee shall knowingly allow a person under the age of eighteen (18) years on the premises of a
sexually oriented business.
1175.39 Exemptions. It is a defense to prosecution under this Section that a person appearing
in a state of nudity did so in a modeling class operated:
(a) by a proprietary school licensed by the State of Minnesota; a college, junior college,
or university supported entirely or partly by taxation;
(b) by a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college, or university
supported entirely or partly by taxation; or
(c) in a structure:
1. 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
2. where in order to participate in a class a student must enroll at least three days in
advance of the class; and
3. where no more than one nude model is on the premises at any one time.
1175.41 Enforcement. A person who operates or causes to be operated a Sexually Oriented
Business without a valid license or in violation of this Section is subject to a suit for injunction as
well as prosecution for criminal violations. Any person violating a provision of this Section, upon
conviction, is guilty of a misdemeanor. Each day a Sexually Oriented Business so operates is a
separate offense or violation.
96405 15
1175.43 Severability. If any section, sentence, clause or phrase of this Section is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Section. The City Council hereby declares that it would have adopted the Section and each
subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. Effective Date. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED AND ADOPTED by the Plymouth City Council this 26'x' day of March, 2002.
CITY OF PLYMOUTH
J c yn A. Tierney, Mayor
ATTEST:
4,U &,6 �Ie
/Sandra R. Paulson, City Clerk
96405 16