HomeMy WebLinkAboutCity Council Ordinance 1996-29CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 96-29
AN ORDINANCE AMENDING CHAPTER 1 AND CHAPTER XI
OF THE PLYMOUTH CITY CODE DEFINING AND
LICENSING SEXUALLY ORIENTED BUSINESSES
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Chapter I, Section 105.01 of the Plymouth City Code is hereby amended
by renumbering Subd. 43.A. to Subd. 43.C. and Subd. 43.B. to Subd. 43.D.
SECTION 2. Chapter 1, Section 105.01 of the Plymouth City Code is hereby amended
by adding the following definitions:
Subd. 25. A. "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.
Subd. 25.13. "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.
Subd. 25.C. "ESTABLISHMENT" means and includes any of the following:
(1) the opening or conuuencement 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. 3.5.A. "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.
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Subd. 43.A. "NUDE MODEL STUDIO" means anyplace 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.
Subd. 43.B. "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.
Subd. 64.A. "SEMI-NUDE" 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:
(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.
Subd.67.13. "SEXUALLY ORIENTED ARCADE" means anyplace to which the public
is permitted or invited wherein coin-operated or slug -operated or electronically, electrically, or
mechanically controlled still or minion 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."
Subd. 67.C. "SEXUALLY ORIENTED BOOKSTORE, SEXUALLY ORIENTED
VIDEO STORE, OR ,SEXUALLY ORIENTED 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 of the following:
(1) 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
(2) instruments, devices, or paraphernalia which arc designed for use in connection
with "specified sexual activities."
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Subd. 67.D. ".SEXUALLY ORIENTED BUSINESS" means asexually oriented arcade;
sexually oriented bookstore, video store or other or sexually oriented store; sexually oriented
cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually
Oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually
oriented theater; escort agency; nude model studio; or sexual encounter center; 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 "spectfied anatomical areas" which are capable of being seen
by members of the public.
Subd.67.F... "SEXUALLY ORIENTED CABARET" means a nightclub, bar, restaurant,
or similar commercial establislrnrent which regularly features:
(I) 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, 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.F. "SEXUALLY ORIENTED CONVERSATION/RAP PARLOR" means 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
establislunent and a customer, if such service is distinguished or characterized by an emphasis
on "specified sexual activities" or "specified anatomical areas".
Subd. 67.G. "SEXUALLY ORIENTED MA.S.SAGEPARLOR"meansamassage 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".
Subd. 67.H. "SEXUALLY ORIENTED MOTEL" means a hotel, motel or similar
commercial establishment which:
(1) 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
(2) offers a sleeping room for rent for a period of time that is less than 10 hours; or
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(3) allows a tenant. or occupant of a slurping room to subrent the room for a period
of time that is less than 10 hours.
Subd. 67.I. "SEXUALLY ORIENTED MOTION PICTURE THEATER" means 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."
Subd. 67J. "SEXUALLY ORIENTEDSA UNA" means asauna which excludes miners
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, utilizing stearn or hot air as a
cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
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 live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities."
Subd. 72.A. "SPECIFIED ANATOMICAL AREAS" means human genitals in a state
of sexual arousal.
Subd. 72.13. "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;
(z) sex acts, normal 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.
Subd. 72.C, "STATE OF NUDITY" means: See Subd. 43.13. for definition of
"Nudity".
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,SECTION 3. Chapter XI of the Plymouth City Code is hereby amended by adding
Section 1175 to read:
SECTION 1175
SEXUALLY ORIENTED BUSINESSES
See. 117.5.01: PURPOSE, AND INTENT.
Subd. 1. 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 transrnission 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 conn unicative 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 entertainunent 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 requiring close inspection, licensing, and regulation.
See. 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;
(c) sexually oriented massage parlors;
(f) sexually oriented motels;
(g) sexually oriented motion picture theaters;
(h) sexually oriented saunas;
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(i) sexually oriented theaters;
(j) escort agencies;
(k) nude model studios; and
(1) sexual encounter centers.
See. 1175.05: LICENSE, REQUIRED.
Subd. 1. A sexually oriented business lllay not be operated without a valid license,
issued by the City for the particular type of business. A sexually oriented business existing ath
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 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. 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. 4. 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 must sign the application for a license as
applicant. Each applicant must be qualified under subsection 1175.07 and each applicant shall
be considered a licensee if a license is granted.
See. 1175.07: ISSUANCE OF LICENSE.
Subd. 1. The City Manager shall approve the issuance of a license by the City clerk
to an applicant within 30 days after receipt of an application unless the City Manger finds one
or more of the following to be true:
(a) An applicant is under 18 years, of age.
(b) An applicant is delinquent in the applicant's payment to the City of taxes,
fees, fines, or penalties assessed against the applicant or imposed upon the
applicant in relation to a sexually oriented business.
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(c) 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.
(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) An applicant is residing with a person who has been denied a license by
the City to operate a sexually oriented business within the preceding 12
months, or residing with a person whose license to operate a sexually
oriented business has been revoked within the preceding 12 months.
(f) 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.
(g) The license fee required by this Section has not been paid.
(h) An applicant has been employed in a sexually oriented business in a
managerial capacity within the preceding 12 months and has demonstrated
that the applicant is unable to operate or manage a sexually oriented
business premises in a peaceful and law-abiding manner, thus necessitating
action bylaw enforcement officers.
(i) An applicant or the proposed establishment is in violation of or is not in
compliance with this Ordinance.
0) An applicant or an applicant's spouse 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;
(c) obscenity as described in Minn. Stat. § 617.241;
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(� sale, dissemination, distribution, display or exhibition of
harmful material 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;
(h) dissemination or possession of child pornography as
described in Mitut. Stat. § 617.247;
(i) indecent exposure as described in Minn. Stat. § 617.23;
(j) 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.
Subd. 2. The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant's spouse.
Subd. 3. An applicant who has been convicted or whose spouse has been convicted
of an offense listed in subsection 1175.07, Subd. 10)(1) may qualify for a sexually oriented
business license only when the time period required by subsection 1175.07, Subd. 10)(2) has
elapsed.
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t
Subd. 4. 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 the entrance to the sexually oriented
business so that it may be easily read at any time.
Sec. 117.5.09: 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 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. 1175.11: INSPECTION.
Subd. 1. An applicant or 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.
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
by a representative of the police department 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.
See. 1175.13: EXPIRATION OF LICENSE.
Subd. 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 should be made
at least 90 days before the expiration date. If the Council determines good and sufficient cause
is shown by Elie Applicant for failure to file a timely renewal application, the Council may, if
other provisions of the Chapter are complied with, grant the application.
Subd. 2. When the City Manager 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
Manager 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,
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See. 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 to be heard if the City Manager determines that a
licensee or an employee of a license has:
(a) violated or is not in compliance with this Section;
(b) engaged in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(c) refused to allow an inspection of the sexually oriented business premises as
authorized by this Section;
(d) knowingly permitted unlawful gambling by any person on the sexually oriented
business premises;
(e) demonstrated inability to operate or manage a sexually oriented business in a
peaceful and law-abiding maturer thus necessitating action by law enforcement
officers.
See. 1175.17: REVOCATION.
Subd. 1. The City Manager may revoke a license preceded by written notice and
an opportunity to be heard if a cause of suspension in subsection 1175.15 occurs and the license
has been suspended within the preceding 12 months.
that:
Subd. 2. The City Manager may revoke a license if the City Manager determines
(a) a licensee gave false or misleading information to the City during the
application process;
(b) a licensee or an employee has knowingly allowed possession, use, or sale
of controlled substances on the premises;
(c) a licensee or an employee has knowingly allowed prostitution on the
premises;
(d) a licensee or an employee 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 subsection 1175.07,
Subd. 1(j)(1) for wllielt the time period required in subsection 1175.07,
Subd. 10)(2) has not elapsed;
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(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 subsection 1175.07, Subd. 10)(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 an employee 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);
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 employee 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 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. 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 subsection 1175.17, Subd. 2(g), an applicant may not be granted
another license until the appropriate number of years required under subsection 1175.07, Subd.
10)(2) have elapsed.
Sec. 1175.19: APPEAL_
Subd. 1. If the City Manager denies the issuance of a license, or.suspends, or
revokes a license, the City Manager 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 Manager within 10 days of receiving notice of the
City's action. The filing of an appeal stays the action of the City Manager in suspending or
revoking a license until the City Council makes a final decision.
Subd. 2. rrocedure. The City Council may appoint a conunittee 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
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offer evidence in its behalf. At the conclusion of the hearing, the City Council shall make a
final decision.
Subd. 3. Additional Requirements. The City Council may condition denial,
suspension, revocation, or non -renewal of a license upon appropriate terms and conditions.
See. 1175.21: TRANSFER OF LICENSE.
A licensee shall not transfer a license to another, nor shalt a licensee operate a sexually
oriented business under the authority of a license at any place other than the address designated
in the application.
See. 1175.23: ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
Subd. I. 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.
Sec. 1175.2.5: ADDITIONAL REGULATIONS FOR NUDE MODEL, STUDIOS,
Subd. 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 he viewed from the public right of way.
Sec. 1175.27: ADDITIONAL REGULATIONS FOR SEXUALLY ORIENTED
THEATERS AND SEXUALLY ORIENTED MOTION PICTURE
THEATERS.
Subd. 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.
See. 1175.29: ADDITIONAL REGULATIONS FOR SEXUALLY ORIENTED
MOTFLS.
Subd. 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.
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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, lie or she rents or subrents a sleeping room to a person and, within
10 hours from the time the rooni is rented, the person 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.
Sec. 1175.31: REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY
EXPLICIT FILMS OR VIDEOS.
Subd. 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 mitre 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 diagrarn 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 arca of
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the premises to which any patron is permitted access for any purpose
excluding restrooms. Restmoms 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 patten 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 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.
Subd. 2. A person having a dray under Subsections (a) through (h) of Subdivision
1 above commits an offense if the person knowingly fails to fulfill that duty.
See. 1175.33: ENFORCEMENT.
Subd. 1. Any person violating a provision of this Section, upon conviction, is
punishable by a fine not to exceed $700.00 and ninety (90) days in jail.
Subd. 2. 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 transferrable to a college, junior
college, or university supported entirely or partly by taxation; or
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Ord. 96-29, Page 1S
(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.
Sec. 1175.35: INJUNCTION.
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.
SECTION 4. Effective Date. This Ordinance shall be effective ninety (90) days after
its passage and publication according to law.
PASSED AND ADOPTED by the Plymouth City Council this 11th day of
December , 1996.
ATTEST:
Laurie F. Ahrens, City Clerk-
22579
lerk
22579
05/17/96
CITY OF PLYMOUTH
BYAJoy
�' r l t
lyn - erney, Mayor
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