1995-05BILL NO. 1995-5
AN ORDINANCE REGULATING ADULT ESTABLISHMENTS
AND PREMISES CONDUCIVE TO HIGH RISK SEXUAL
CONDUCT, ADDING NEW SECTIONS TO THE RICHFIELD
CITY CODE, AND AMENDING SUBSECTION 2020.10,
SUBDIVISION 6 OF THE CITY CODE.
THE CITY OF RICHFIELD ORDAINS:
read:
Section 1. The Richfield City Code is amended by adding a new section to
Section 1196 -Adult Establishments
1196.01 Findings and Purpose . Studies conducted by the
Minnesota attorney general, the American Planning Association and
cities such as St. Paul; Indianapolis; Alexandria, Minnesota; Roches-
ter, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle,
Washington; have studied the impacts that adult establishment have in
those communities . These studies have concluded that adult establish-
. ments have adverse impact on the surrounding neighborhoods . Those
impacts include increased crime rates, lower property values, increased
transiency, neighborhood blight and potential health risks . Based on
these studies and findings, the city council concludes:
(a) Adult establishments have adverse secondary impacts of the
types set forth above .
(b) The adverse impacts caused by adult establishments tend to
diminish if adult establishments are governed by locational
requirements, licensing requirements and health requirements.
(c) It is not the intent to prohibit adult establishments from having
a.reasonable opportunity to locate in the city.
(d) Minnesota Statutes, Section 462.357, allows the city to adopt
regulations to promote the- public health, safety, morals and
general welfare.
(e) The public health, safety, morals and general welfare will be
promoted by the city adopting regulations governing adult
establishments .
1196.03 Definitions . Subdivision 1. The following terms have the
meanings given them below.
Subd. 2. Adult Establishment. A business engaged in any of
the following. activities or which utilizes any of the following business
procedures or practices
(a) a business that is conducted exclusively for the patronage of
adults and as to which minors are specifically excluded from
patronage, either by operation of law or by the owners of such
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business, except any business licensed under Chapter XII of the
Richfield City Code;
(b) any business that has at least 200 of its floor area (not including
storerooms, stock areas, bathrooms, basements, attics or any
portion of the business not open to the public} devoted to items,
merchandise or other material that is distinguished or
characterized by an emphasis on material depicting, exposing,
describing, discussing or relating to specified sexual activities
or specified anatomical areas; or
(c) Any adult use as defined in subdivision 3 of this section.
Subd . 3 . Adult Use . An adult use is any of the activities and
businesses described below:
(a) Adult Body Painting Studio: An establishment or business which
provides the service of applying paint or other substance,
whether transparent or non-transparent, to the body of a patron
when such person is nude .
(b) Adult Bookstore: An establishment or business used for the
barter, rental or sale of items consisting of printed matter,
pictures, slides, records, audio tape, videotape, or motion
picture film if such business is not open to the public generally
but only to one or more classes of the public, excluding any
minor by reason of age, or if at least 20$ of its floor area (not
including storerooms, stock areas, bathrooms, basements, attics
or any portion of the business not open to the public) is devoted
to items, merchandise or other material distinguished or charac-
terized by an emphasis on the depiction or description of
"specified sexual activities" or "specified anatomical areas . "
(c) Adult Cabaret. A business or establishment that provides
dancing or other live entertainment to patrons if the dancing and
live entertainment is distinguished and characterized by an
emphasis on the presentation, display, depiction of matter that
seeks to~ evoke, arouse or excite the patrons' sexual or erotic
feelings or desire.
(d) Adult Companionship Establishment : A business or establishment
that excludes minors by reason of age, and 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 and characterized by
an emphasis on "specified sexual activities" or "specified
anatomical areas . "
(e} Adult Conversation/Rap Parlor: A business or establishment
that excludes minors by reason of age, and which provides the
services of engaging in or listening to conversation, talk, or
discussion, if such service is distinguished and characterized by
an emphasis on "specified sexual activities" or "specified
anatomical areas . "
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(f) Adult Health/Sport Club: A health/sport club which excludes
minors by reason of age, if such club is distinguished and
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas , n
(g) Adult Hotel or Motel: A hotel or motel from which minors are spe-
cifically excluded from patronage and where material is presented
which is distinguished and characterized by an emphasis on
matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas : "
(h) .Adult Massage Parlor, Health Club : A massage parlor or health
club which restricts minors by reason of age, and which provides
the services of massage, if such service is distinguished and
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
(i) Adult Mini-Motion Picture Theater: A business or establishment
with a capacity for less than 50 persons used for presenting
material if such material is distinguished and characterized by an
emphasis on matter depicting, describing or relating to "speci-
fied sexual activities" or "specified anatomical areas."
(j) Adult Modeling Studio : A business or establishment that
provides customers figure models who are so provided with the
intent of providing sexual stimulation or sexual gratification to
such customers and who engage in "specified sexual activities"
or display "specified anatomical areas" while being observed,
painted, painted upon, sketched, drawn, sculptured, photo-
graphed, or otherwise depicted by such customers.
(k) Adult Motion Picture Arcade: Any place to which the public is
permitted or invited where coin or slug-operated or electronical-
ly, electrically or mechanically controlled or operated 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 and characterized by an emphasis on depicting
or describing "specified sexual activities" or "specified anatomi-
cal areas . "
(1) Adult Motion Picture Theater: A motion picture theater with a
capacity of 50 or more persons used for presenting material if
such theater as a prevailing practice excludes minors by reason
of age or if such material is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas" for observation by patrons .
(m) Adult Novelty Business: A business which has as a principal
activity the sale of devices which stimulate human genitals or
devices which are designed for sexual stimulation.
(n) Adult Sauna: A sauna which excludes minors by reason of age,
and which provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, utilizing steam
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Bill No. 1995-5
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 . " -
(o) Adult Steam Room/Bathhouse Facility: A building or portion of
a, building used for providing a steam bath or heat bathing room
used for the purpose of pleasure, bathing, relaxation, or reduc-
ing, utilizing steam or hot air as a cleaning, relaxing or reducing
agent if such building or portion of a building restricts minors
by reason of age and if the service provided by the steam
room/bathhouse facility is distinguished and characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
Subd . 4 Nude or Specified Anatomical Areas
(a) Less than completely and opaquely covered human genitals,
pubic region, buttock, anus, or female breasts} below a point
immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered .
Subd . 5 . Specified Sexual Activities .
(a) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the -
context of a sexual relationship, or the use of excretory func-
tions in the context of a sexual relationship, and any of the
following sexually-oriented acts or conduct: anilingus, bug-
gery, coprophagy, coprophilia, cunnilingus, fellatio, necrophil-
ia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
(b) Clearly depicted human genitals in the state of sexual stimula-
tion, arousal or tumescence; or
(c) Use of human or animal ejaculation, sodomy, oral copulation,
coitus, or masturbation; or
(d) Fondling or touching of nude human genitals, pubic region,
buttocks, or female breast (s) ; or
(e) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and .
who are engaged in activities involving the flagellation, torture,
fettering, binding or other physical restraint of any such
persons; or
(f) Erotic or lewd touching, fondling or other sexually oriented
contact with an animal by a human being; or
(g} Human excretion, urination, menstruation, vaginal or anal
irrigation .
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Bill No. 1995-5
1196.05 Location. Subdivision 1. No adult establishment may be
located within 1,000 feet of a park, school, church, library or a
commercial day care center .
Subd . 2 . No adult establishment may be located within 1, 000 feet
of another adult establishment .
Subd . 3 . No adult establishment may be located within 200 feet
of a residential zoning district .
Subd. 4. No adult establishment may be located within 100 feet
of the right-of-way of an entry street to the city. For purposes of this
subdivision, an entry street is defined as Penn Avenue, Lyndale
Avenue, Nicollet Avenue, Portland Avenue, Cedar Avenue and 12th
Avenue .
Subd. 5. The distances set forth in this subsection are to be
measured from the nearest outside edge of the building housing the
adult establishment, or the outside edge of the premises of the adult
business if the adult business is located in a building containing other
businesses, to the nearest boundary of the residential zoning district
or the nearest boundary of the property containing a park, school,
church, library, commercial day care center, or other adult
establishment .
Subd . 6 . The screen wall and loop streets on the north side of
77th Street and east of I-35W were intended to form a barrier between
the commercial properties located south of 77th Street and the residen-
tial properties north of 77th Street; therefore, the distances set forth
in this subsection do not apply across 77th Street, east of I-35W.
1196.07 Additional Conditions for Adult Cabarets . Subdivision 1.
The following additional conditions apply to adult cabarets .
Subd. 2. No owner, operator or manager of an adult cabaret
shall permit or allow any dancer or other live entertainer to perform
nude .
Subd. 3. No dancer, live entertainer, performer, patron or any
other person shall be nude in an adult cabaret.
Subd. 4. The owner, operator or manager of an adult cabaret
shall provide the following information to the city concerning any
persons who dance or perform live entertainment at the adult cabaret:
The person's name, home address, home telephone number, date of
birth and any aliases .
Subd . 5 . No dancer, live entertainer or performer shall be under
18 years old .
Subd . 6 . All dancing or live entertainment shall occur on a
platform intended for that purpose and which is raised at least two feet
from the level of the floor.
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Bill No. 1995-5
Subd. 7. No dancer, live entertainer or performer shall perform
any dance or live entertainment closer than 10 feet to any patron.
Subd. 8. No dancer, live entertainer or performer shall fondle
or caress any patron and no patron shall fondle or caress any dancer
or performer.
Subd . 9 . No patron shall pay or give any gratuity to any
dancer, live entertainer or performer.
Subd. 10. No dancer, live entertainer or performer shall solicit
any pay or gratuity from any patron.
1196.09 Hours of Operation. No adult establishment may be open
to the public between the hours of 1:00 a.m. and 10:00 a.m. This
subsection is not applicable to any business that is subject to the hours
of operation limitation in Section 605.23, subdivision 4.
1196.11 License Required. Subdivision 1. No person shall own or
operate an adult establishment without having first secured a license as
provided for in this subsection. This subsection is not applicable to
any business that must obtain a license required by Section 605 of this
Code.
Subd . 2 . Application : The application for an adult establishment
license shall be submitted on a form provided by the City and shall
include
(a) If the applicant is an individual, the name, residence, phone
number, and birthdate of the applicant. If the applicant is a
partnership, the name, residence, phone number, and birthdate
of each general and limited partner. If the applicant is a
corporation, the names, residences, phone numbers, and
birthdates of all those persons holding more than five (5) percent
of the issued and outstanding stock of the corporation.
(b) The name, address, phone number, and birthdate of the operator
and manager of such operation, if different from the owners .
(c) The address and legal description of the premises where the
adult establishment is to be located .
(d) A statement detailing any gross misdemeanor or felony convic-
tions relating to sex offenses, obscenity or the operation of an
adult establishment or adult business by the applicant, operator
or manager and whether or not the applicant, operator or
manager has ever applied for or held a license to operate a similar
type of business in other communities. In the case of a corpora-
tion, astatement detailing any felony convictions by the owners
of more than five (5) percent of the issued and outstanding stock
of the corporation, and whether or not those owners have ever
applied for or held a license to operate a similar type of business
in other communities .
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(e) The activities and types of business to be conducted.
Bill No. 1995-5
(f) The hours of operation.
(g) The provisions made to restrict access by minors.
(h) A building plan of the premises detailing all internal operations
and activities .
Subd. 3. License Fee:
(a) The annual license fee is set forth in Appendix D.
(b) Each application for a license shall be submitted to the Public
Safety Director and payment made to the City. Each application
for a license shall be accompanied by payment in full of the
required license fee. Upon rejection of any application for a
license, the City shall refund the license fee.
(c) All licenses shall expire on the last day of December in each
year. Each license shall be issued for a period of one (1) year,
except that if a portion of the license year has elapsed when the
application is made,. a license may be issued for the remainder of
the year for a pro rated fee. In computing such fee, any
unexpired fraction of a month shall be counted as one (1 } month .
(d) No part of the fee paid by any license shall be refunded, except
that a pro rata portion of the fee shall be refunded in the
following instances upon application to the City Manager within
30 days from the happening of the event, provided that such
event occurs more than 30 days before the expiration of the
license
(i) Destruction or damage of the licensed premises by fire or
other catastrophe .
(ii) The licensee's illness.
(iii} The licensee's death.
(iv) A change in the legal status making unlawful for licensed
business to continue.
(e) Each application shall contain a provision on the application in
bold print indicating that any withholding of information or the
providing of false or misleading information will be grounds for
denial or revocation of a license . Any changes in the information
provided on the application or provided during the investigation
shall be brought to the attention of the Public Safety Director by
the applicant or licensee . If said changes take place during the
investigation, said data shall be provided in writing to the Public
Safety Director, who shall report the changes to the City
Council. Failure to report said changes by the applicant or the
licensee may result in a denial or revocation of a license.
Subd. 4. Investigative Fee: The investigative fee for an adult
establishment license is set forth in Appendix D .
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Bill No. 1995-5
Subd. 5. Granting of License:
{a) The Public Safety Director, or designee, shall complete their
investigation within 30 days after the Public Safety Directcr
receives a complete application and all license and investigative
fees.
(b) If the application is for a renewal, the applicant shall be allowed
to continue business until the Council has determined to renew
or refuse to renew a license.
(c) If, after such investigation, it appears that the applicant and the
place proposed for the business are eligible for a license under
the criteria set forth in this subsection, then the license shall be
issued by the City Council within 30 days after the investigation
is completed. Otherwise the license shall be denied.
(d) Eaeh license shall be issued to the applicant only and shall not be
transferable to another holder. Each license shall be issued only
for the premises described in the application. No license may be
transferred to another premise without the approval of the City
Council. If the licensee is a partnership or a corporation, a
change in the identity of any of the principals of the partnership
or corporation shall be deemed a transfer of the license. All
adult establishments existing at the time of the adoption of this
subsection shall be required to obtain an annual license.
Subd. 6. Persons Ineligible for License: No license shall be
granted to or held by any person:
(a) Under twenty-one (21) years of age.
{b) Who is overdue or whose spouse is overdue in his or her payment
to the City, county or state of taxes, fees, fines or penalties
assessed against them or imposed upon them;
{ c) Who has been convicted or whose spouse has been convicted of a
gross misdemeanor or felony or of violating any law of this state
or local ordinance relating to sex offenses, obscenity offenses or
adult establishments;
(d) Who is not the proprietor of the establishment for which the
license is issued;
(e) Who is residing with a person who has been denied a license by
the City or any other Minnesota municipal corporation to operate
an adult establishment, or residing with a person whose license
to operate an adult establishment has been suspended or revoked
within the preceding twelve (12) months;
(f) Who has not paid the license and investigative fees required by
this subsection.
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Bill No. 1995-5
Subd. 7 Places Ineligible for License:
(a) No license shall be granted for adult establishments on any
premises where the applicant or any of its officers, agents cr
employees has been convicted of a violation of this subsection, or
where any license hereunder has been revoked for cause, until
one (1) year has elapsed after such conviction or revocation .
(b) No license shall be granted for any adult establishment which is
not in full compliance. with ~ the City Code, the City's zoning
ordinance, the Building Code, the Fire Code, the City's Health
Regulations and all .provisions of state and federal lave.
Subd . 8 Conditions of License
(a) Every license shall be granted subject to the following conditions
and all other provisions of this subsection, and of any applicable
sections of the City Code, the City's zoning ordinance, the
Building Code, the Fire Code, the City's Health Regulations and
all provisions of state and federal law.
(b) All licensed premises shall have the license posted in a conspicu-
ous place at all times .
(c) No minor shall be permitted on the licensed premises .
(d) Any designated inspection officer of the City shall have the right
to enter, inspect, and search the premises of a licensee during
business hours .
(e) Every licensee shall be responsible for the conduct of his /her
place of business and shall maintain conditions of order.
(f) No adult goods or material services shall be offered, sold,
transferred, conveyed, given, displayed, or bartered to any
minor.
Subd. 9 Penalty:
(a) Any person violating any provision of this section is guilty of a
misdemeanor and upon conviction shall be punished not more than
the maximum penalty for a misdemeanor as prescribed by state
law .
(b) Any violation of this section shall be a basis for the suspension
or revocation of any license granted hereunder. In the event
that the City Council proposes to revoke or suspend the license,
the licensee shall be notified in writing of the basis for such
proposed revocation or suspension. The Council shall hold a
hearing for the purpose of determining whether to revoke or
suspend the license, which hearing shall be within thirty (30)
days of the date of the notice .
(c) The City Council shall determine whether to suspend or revoke
a license within thirty (30) days after the hearing or within 60
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Bi 11 No . 1995-5
days of the date of the notice, whichever is sooner, and shall
notify the licensee of its decision within that period .
Subd . 10. Right of Appeal : -
(a) In the event that the Council determines to suspend, or revoke
a, license, such suspension or revocation shall not be effective
until fifteen (15) calendar days after notification to the licensee
by the City of its decision. If, within that fifteen (15) days, the
licensee commences an action in state or federal court challenging
the Council's action, then the suspension or revocation shall be
stayed until the conclusion of such action.
(b) If the City Council determines not to renew a license, the
licensee may continue its business for fifteen (15) calendar days
after notification by the City of such non-renewal. If the
licensee commences an action in state or federal court within that
fifteen (15) days for the purpose of determining whether the City
acted properly, the licensee may continue in business until the
conclusion of the action.
(e) If the City Council decides not to grant a license to an applicant,
the applicant may commence an action in state or federal court
within fifteen (15) days after notification by the City of the
denial for the purpose of determining whether the City acted
properly. The applicant shall not commence doing business
unless the action is concluded in its favor.
(d) Any notification required to be sent by the City is deemed -
completed when mailed by first class mail to the applicant or
licensee at the address listed in the application.
Sec. 2. Subsection 2020.01, Subdivision 6 of the Richfield City Code is
amended to read as follows
Subd. 6. Prohibition. It is unlawful for the licensee, owner or
manager of an adult establishment as defined in Section 1196 of this
code or any establishment licensed pursuant to ^'~~„+^~ ITT ^f this code
to permit or allow in such establishment any nudity, sadomasochistic
abuse, sexual conduct or sexual excitement as defined in this section,
or for any person to participate or engage in such conduct. Violation
of this subsection is grounds for the revocation of a a_y license issued
pursuant to °~°r+^„ vTT this code.
Sec . 3 . The Richfield City Code is amended by adding a new section to read
Section 625 -Premises Conducive to High-Risk Sexual Conduct
625.01 Purpose. The purpose of this section of the City Code is to
prescribe regulations governing commercial premises, buildings, and
structures that are conducive, by virtue of design and use, to
high-risk sexual conduct which can result in the spread of sexually
transmitted diseases to persons frequenting such premises, buildings,
and structures .
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Bill No. 1995-5
625.03. Findings of the City Council. Subdivision 1. The City Council
of the City of Richfield makes the following findings regarding the need
to regulate commercial premises, buildings, and structures that are
conducive to the spread of communicable disease of danger to persons
in order to further the substantial interest of public health.
Subd. 2. The experience of other cities establishes that certain
commercial premises, buildings, and structures, or parts thereof, by
reason of the design and use of such premises, buildings, or structures
are conducive to the spread of communicable disease . of danger- to
persons frequenting such premises, buildings, or structures, as well
as to the general public, and that the risk of spreading infectious and
contagious diseases can be minimized by regulating such commercial
premises, buildings, and structures.
Subd . 3. The experience of other cities where such commercial
premises, buildings, and structures are present indicates that the risk
of spreading the sexually transmittable disease of Acquired Immune
Deficiency Syndrome (AIDS) is increased by the presence of such
premises, buildings, and structures, because the design or use of such
premises, buildings, and structures, or parts thereof can facilitate
high-risk sexual conduct .
Subd. 4. Medical publications of the Center for Disease Control
of the United States Department of Health and Human Services indicate
that the sexually transmittable disease of AIDS is currently irreversible
and uniformly fatal. Medical research has further established that the
risk factors for obtaining or spreading AIDS are associated with high -
risk sexual conduct.
625.05. Definitions . Subdivision 1. The following words and phrases
when used in this section shall have the following meanings unless the
context indicates otherwise
Subd. 2. Booths, stalls, or partitioned portions of a room or
individual room: (i) enclosures specifically offered to persons for a fee
or as an incident to performing high-risk sexual conduct, or (ii)
enclosures which are part of a business operated on the premises which
offers movies or other entertainment to be viewed within the enclosure,
including enclosures wherein movies or other entertainment is
dispensed for a fee.
The phrase "booths, stalls, or partitioned portions of a room or
individual room" does not mean enclosures which are private offices
used by the owners, managers or persons employed by the premises for
attending to the tasks of their employment, and which are not held out
to the public or members of the establishment for hire or for a fee or for
the purpose of viewing movies or other entertainment for a fee, and are
not open to any persons other than employees .
Subd . 3 . Doors, curtains or portal partitions : full, complete, non-
transparent closure devices through which one cannot see or view
activity taking place within the enclosure.
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Bill No. 1995-5
Subd. 4. Hazardous site: any commercial premises, building or
structure, or any part thereof, which is a site of high-risk sexual
conduct as defined herein.
Subd. 5. High-risk sexual conduct:
(i) fellatio;
(ii) anal intercourse; , and/or
(iii) vaginal intercourse with persons who engage in
sexual acts in exchange for money.
Subd. 6. Open to an adjacent public room so that the area inside is
visible to persons in the adjacent public room: either. the absence of any
entire "door, curtain or portal partition" or a door or other device
which is made of clear, transparent material such as glass, plexiglass
or other similar material meeting building code and safety standards,
which permits the activity inside the enclosure to be entirely viewed or
seen by persons outside the enclosure .
Subd . 7 . Public health official : an agent or employee of the city
charged with the enforcement of the state or local health laws .
625.0?. Public Health Re~tzlations. Subdivision 1. No commercial
building, structure, premises or part thereof, or facilities therein shall
be so constructed, used, designed or operated in the City for the
purpose of engaging in, or permitting persons to engage in, sexual
activities which include high-risk sexual conduct .
Subd. 2. No person shall own, operate, manage, rent, lease, or
exercise control of any commercial building, structure, premises, or
portion or part thereof in the City, which contains
(a) Partitions between subdivisions of a room, portion or part of a
building, structure or premises having an aperture which is
designed or constructed to facilitate sexual activity, including
but not limited to vaginal intercourse, anal intercourse, or
fellatio, between persons on either side of the partition.
(b) "Booths, stalls, or partitioned portions of a room or individual
room" as defined herein which have "doors, curtains or portal
partitions" as defined herein unless such booths, stalls,
partitioned portions of a room or individual room have at least
one side open to an adjacent public room so that the area inside
is visible to persons in the adjacent public room as defined
herein. Booths, stalls, and/or partitioned portions of a room or
individual room that are so open to an adjacent public room shall
be lighted in a manner that the persons in the area used for
viewing motion pictures or other forms of entertainment are
visible from the adjacent public rooms, but such lighting shall
not be of such intensity as to prevent the viewing of the motion
pictures or other offered entertainment.
625.09. Exceptions. The regulations set forth in this section shall not
apply to premises, buildings, or structures that are lawfully operating
and licensed as hotels, motels, apartment complexes, condominiums,
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Bill No. 1995-5
townhomes, or boarding houses which are subject to other general
health and sanitation requirements under state and local law.
625.11. Health Enforcement Powers . Subdivision 1. In exercising
powers conferred by this or any other section of this Code relating to
communicable diseases, the Public Health Official shall be guided by the
most recent instructions, opinions and guidelines of the Center for
Disease Control of the United States Department of Health and Human
Services which relate to the spread of infectious diseases .
Subd. 2. In order to ascertain the source of infection and reduce
its spread, the Public Health Official,, and persons under the Public
Health Official's direction and control, shall have full power and
authority to inspect or cause to be inspected, and to issue orders
regarding any commercial building, structure or premises, or any part
thereof, which may be a site of high-risk sexual conduct. If the Public
Health Official determines that a hazardous site as defined herein
exists, the Public Health Official shall declare it to be a public health
hazard and public health nuisance and shall then:
(a) Notify the manager, owner, or tenant of the hazardous site that
the Public Health Official has reasonable belief that the premises,
building or structure is a hazardous site as defined herein,
(b) Issue two written warnings at least ten (10) days apart to the
manager, owner, or tenant of the premises stating the specific
reasons for the Public Health Official's opinion that the premises,
building, or structure is a hazardous site as defined herein,
(c} Once such notices and warnings have been issued, the Public
Health Official or the Public Health Official's appointee shall
proceed as follows:
(1) After the manager, owner or tenant of the premises has
been notified in writing as to the basis of the Public Health
Official's determination, the manager, owner or tenant
shall have ten (10) days from the date of the last warning
to ~ request a hearing before the Public Health Official or
the Public Health Official's appointee for the determination
as to the existence of such hazardous site. If the manag-
er, owner or tenant of the premises does not request a
hearing within ten (10) days of the date of the last
warning notice, the Public Health Official shall then cause
the premises to be posted with a warning advising the
public that the premises have been declared a hazardous
site and the Public Health Official shall cause orders to be
issued to the manager, owner or tenant of the premises
constituting the hazardous site to take specified corrective
measures to prevent high-risk sexual conduct from taking
place within the premises .
(2) If the manager, owner, or tenant of the premises requests
a hearing, the hearing shall be held before the Public
Health Official or the Public Health Official's appointee at
a date not more than thirty (30) days after demand for a
13
Sill No. 1995-5
hearing. After considering all evidence, the Public Health
Official or the Public Health Official's appointee shall make
a determination as to whether the premises constitute a
hazardous site, as defined herein and issue a decision
based upon all hearing evidence presented. If the Public
Health Official or the Public Health Official's appointee
makes a determination that the premises constitute a
hazardous site, the Public Health Official shall then issue
orders to the manager, owner, or tenant of the premises
to •take corrective measures to prevent high-risk sexual
conduct from taking place within the premises and cause
the premises to be posted with ~ a warning advising the
public that the premises have been declared a hazardous
site .
(3) If , within thirty (30) days from issuance of the orders to
the manager, owner, or tenant of the hazardous site, the
Public Health Official determines that such corrective
measures have not been undertaken, the Public Health
Official may order the abatement of the hazardous site as
a public nuisance, which shall be enforced by mandatory
or prohibitory injunction in a court of competent jurisdic-
tion, or may secure a court order for the closure of the
premises constituting the hazardous site until the premis-
es, building, or structure is in compliance with the
regulations set forth in Section 9.14 of this section.
625.13. Criminal Penalties . Any person violating any provision of this
section or any person who removes, destroys or defaces warnings
posted on premises by the Public Health Official pursuant to this section
shall be guilty of a misdemeanor.
Sec. 4. Effective Date. This ordinance is effective in accordance with Section
3.09 of the- Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 27th day
of March, 1995.
. ;~
Martin J . Kirsch, Mayor
ATTEST
~ ~
t
Thomas P. Ferber, City Clerk
14
TATE OF MINNESOTA)
COUNTY OF HENNEPIN)
SUN
Pl1BL1CAT10NS
sur.-currerrt s~u,•Post sur.•saila
AFFIDAVIT OF PUBLICATION
SS.
Dona 1 d W . T h u r I o w ,being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Currents
are stated below.
has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other
applicable laws, as amended.
(B) The printed Bill N o . 19 9 5 - 5
which is attached was cut from the columns of said newspaper, and was printed and
blished once each week, for o n ~ successive weeks; it was first published
W e d n e s d a y the 5 day of April , 19 9 5 ,and was
thereafter printed and published on every to
and including ,the day of , 19 ,
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:
abcdefghij klmnopgrst~yti
TITLE: PUb I fisher
Acknowledged before me on this
~, 5 day of April ,1 g 9 5
fdl~hlDEl. Rfi, HEOFLt~AJI
NDTRR°,` Pi1i?~^ - i+AEN,'v+ESGTk
t~ER:`.i~iE~lt~ CUilIVTY
tti~ ifmmissioh cxpir~ J,~r,, 91,20(
RATE INFORMATION
~ Lowest classified rate paid by commercial users $ 1.90 per line
for comparable space
(2) Maximum rate allowed by law for the above matter
$ 1.90 per line
(3) Rate actually charged for the above matter $ 1.02 per line
City of Richfield
--~ =~
(Official Publication)
BILL NO. 1995-5
AN ORDINANCE REGULATING ADULT
ESTABLISHMENTS AND PREMISES
CONDUCIVE TO HIGH RISK SEXUAL
CONDUCT, ADDING NEW SECTIONS
TO THE RICHFIELD CITY CODE, AND
AMENDING SUBSECTION 2020.10,
SUBDIVISION 6 OF THE CITY CODE.
THE CITY OF RICHFIELD ORDAINS:
Section 1. The Richfield City Code is amended by
adding a new section to read:
Section 1196 -Adult Establishments
1196.01 Findings and Purpose. Studies con-
ducted by the Minnesota attorney general, the
American Planning Association and cities such as
St. Paul; Indianapolis; Alexandria, Minnesota;
Rochester, Minnesota; Phoenix, Arizona; Los
Angeles, California; Seattle, Washington; have
studied the impacts that adult establishment have
in those communities. These studies have conclud-
ed that adult establishments have adverse impact
on the sun•ounding neighborhoods. Those impacts
include increased crime rates, lower property val-
ues, increased transiency, neighborhood blight and
potential health risks. Based on these studies and
findings, the city council concludes:
(a) Adult establishments have adverse secondary
impacts of the types set forth above.
(b) The adverse impacts caused by adult establish-
ments tend to diminish if adult establishments
are governed by locational requirements,
licensing requirements and health require-
ments.
(c) It is not the intent to prohibit adult establish-
ments fi•om having a reasonable opportunity to
locate in the city.
(d) Minnesota Statutes, Section 462.357, allows
the city to adopt regulations to promote the
public health, safety, morals and general wel-
fare.
(e) The public health, safety, morals and general
welfare will be promoted by the city adopting
regulations governing adult establishments.
1196.03 Definitions. Subdivision 1. The following
teams have the meanings given them below.
Subd. 'l. Adult Establishment. A business
engaged in any of the following activities or which
utilizes ary of the following business procedures or
practices:
(a) a business that is conducted exclusively for the
patronage of adults and as to which minors are
specifically excluded from patronage, either by
operation of law or by the owners of such busi-
ness, except any business licensed under
Chapter XII of the Richfield City Code;
(b) any business that has at least 20% of its floor
area (not including storerooms; stock areas,
bathrooms, basements, attics or any portion of
the business not open to the public) devoted to
items, merchandise or other material that is
distinguished or characterized by an emphasis
on material depicting, exposing, describing,
discussing or relating to specified sexual activi-
ties or specified anatomical areas; or
(c) Any adult use as defined in subdivision 3 of
this section.
Subd. 3. Adult Use. An adult use is any of the
activities and businesses described below:
(a) Adult Body Painting Studio: An establishment
or business which provides the service of
applying paint or other substance, whether
transparent or non-transparent, to the body of
a patron when such person is nude.
(b) Adult Bookstore: An establishment or business
used for the barter, rental or sale of items con-
sisting of printed matter, pictures, slides,
records, audio tape, videotape, or motion pic-
ture film if such business is not open to the
public generally but only to one or mare classes
of the public, excluding any minor by reason of
age, or if at least 20% of its floor area (not
including storerooms, stock areas, bathrooms,
basements, attics or any portion of the busi-
ness not open to the public) is devoted to items,
merchandise or other material distinguished
or characterized by an emphasis on the depic-
lion or description of "specified sexual activi-
ties" or "specified anatomical areas."
(c) Adult Cabaret. A business or establishment
that provides dancing or other live entertain-
ment to patrons if the dancing and live enter-
tainment is distinguished and characterized by
an emphasis on the presentation, display,
depiction of matter that seeks to evoke, arouse
or excite the patrons' sexual or erotic feelings
or desire.
(d) Adult Companionship Establishment: A busi-
ness or establishment that excludes minors by
reason of age, and which provides the service
of engaging in or listening to conversation, talk
or discussion between an emphyee of the
establishment acid a customer, if such service
;a dist;nv,,;shed and characterized bvan-
Motion Pictm•e Arcade: Any place to
the public is permitted or invited where
r slug-operated or electronically, electri-
>r mechanically controlled or operated
• motion picture machines, projectors or•
mage-producing devices are maintained
w images to five or fewer persons per•
ne at any one time, and where the
s so displayed ar•e distinguished and
ter•ized by an emphasis on depicting or
ping "specified sexual activities' or "spec-
~atomical areas."
Motion Picture Theater: A motion pic-
ieater with a capacity of 50 or more per-
sed for• presenting material if such the-
n a prevailing practice excludes minors
son of age or• if such material is distin-
d or characterized by an emphasis on
fled sexual activities" or• "specified
rical areas" for observation by patrons.
Novelty Business: A business which has
incipal activity the sale of devices which
ate human genitals or devices which are
~d for sexual stimulation.
sauna: A sauna which excludes minors
ion of age, and which provides a steam
• heat bathing room used for the purpose
ling, relaxation, or reducing, utilizing
or hot air as a cleaning, relaxing or
rg agent, if the service provided by the
is distinguished or characterized by an
sis on "specified sexual activities" or
ed anatomical areas."
Steam Room/Bathhouse Facility: A
g or portion of a building used for pro-
asteam bath or heat bathing room used
purpose of pleasure, bathing, relax-
rr reducing, utilizing steam or• hot air• as
ling, relaxing or reducing agent if such
1g or portion of a building restricts
by reason of age and if the service pro-
xy the steam room/bathhouse facility is
uished and characterized by an empha-
'specified sexual activities" or• "specified
iical areas:'
! Nude or Specified Anatomical Areas:
pan completely and opaquely covered
genitals, pubic region, buttock, anus, or
breast(s) below a point immediately
he top of the areola; and
~ male genitals in a discernibly turgid
ven if completely and opaquely covered.
i. Specified Sexual Activities.
or simulated sexual intercourse,. oral
ion, anal intercourse, oral-anal copula-
;stiality, direct physical stimulation of
led genitals, flagellation or torture in
text of a sexual relationship, or the use
foxy functions in the context of a sexual
iship, and any of the following sexually-
d acts or conduct: anilingus, buggery,
cagy, coprophilia, cunnilingus, fellatio,
cilia, pederasty, pedophilia, piquerism,
m, zooerastia; or
depicted human genitals in the state of
stimulation, arousal or tumescence; or
human or animal ejaculation, sodomy,
ulation, coitus, or masturbation; or
g or touching of nude human genitals,
gion, buttocks, or female breast(s); or
~nsinvolving a person or persons, any
r are nude, clad in undergarments or in
y revealing costumes, and who are
i. in activities involving the flagellation,
fettering, binding or other physical
t of any such persons; or
r lewd touching, fondling or other sexu-
ented contact with an animal by a
being; or
excretion, urination, menstruation,
or anal irrigation.
i Location. Subdivision 1. No adult
nt may be located within 1,000 feet of
ol, church, library or a commercial day
No adult establishment may be locat-
,000 feet of another adult establish-
No adult establishment may be locat-
0 feet of a residential zoning district.
No adult establishment may be locat-
)0 feet of the right-of--way of an entry
city. For purposes of this subdivision,
'et is defined as Penn Avenue, Lyndale
ollet Avenue, Portland Avenue, Cedar
12th Avenue.
The distances set forth in this subsec-
>e measured from the nearest outside
building housing the adult establish-
; outside edge of the premises of the
ss if the adult business is located in a
taining other businesses, to the near-
~ of the residential zoning district or
Boundary of the property containing a
church, library, commercial day care
er adult establishment.
The screen wall and loop streets on
Ie of 77th Street and east of I-35W
d to form a barrier between the com-
~r•t.ies located annth of 77th Street and
Subd. 2. Application: The application for an
adult establishment license shall be submitted on
a form provided by the City and shall include:
(a) If the applicant is an individual, the name, res-
idence, phone number, and birthdate of the
applicant: If the applicant is a partnership, the
name, residence, phone number, and birthdate
of each general and limited partner. If the
applicant is a corporation, the names, resi-
dences, phone numbers, and birthdates of all
those persons holding more than five (5) per-
cent of the issued and outstanding stock of the
corporation.
(b) The name, address, phone number, and birth-
date of the operator and manager of such oper-
ation, if different from the owners.
(c) The address and legal description of the
premises where the adult establishment is to
be located.
(d) A statement detailing any gross misdemeanor
or felony convictions relating to sex offenses,
obscenity or the operation of an adult estab-
lishment or• adult business by the applicant,
operator or manager and whether or not t}re
applicant, operator or manager has ever
applied for or held a license to operate a simi-
lar type of business in other communities. In
the case of a corporation, a statement detailing
any felony convictions by the owners of more
than five (5) percent of the issued and out-
standing stock of the corporation, and whether
or• not those owners have ever applied for or
held a license to operate a similar type of busi-
ness in other communities.
(e) The activities and types of business to be con-
ducted.
(f) The hours of operation.
(g) The provisions made to restrict access by
minors.
(h) A building plan of the premises detailing all
internal operations and activities.
Subd. 3. License Fee:
(a) The annual license fee is set forth in Appendix
D.
(b) Each application for a license shall be submit-
ted to the Public Safety Director and payment
made to the City. Each application for a license
shall be accompanied by payment in full of the
required license fee. Upon rejection of any
application for a license, the City shall refund
the license fee.
(c) All licenses shall expire on the last day of
December in each year. Each license shall be
issued for a period of one (1) year, except that
if a portion of the license year has elapsed
when the application is made, a license may be
issued for the remainder of the year for a pro
rated fee. In computing such fee, any unex-
pired fraction of a month shall be counted as
one (1) month.
(d) No part of the fee paid by any license shall be
refunded, except that a pro rata portion of the
fee shall be refunded in the following instances
upon application to the City Manager within
30 days from the happening of the event, pro-
vided that such event occurs more than 30
days before the expiration of the license:
(i) Destruction or damage of the licensed
premises by fire or• other catastrophe.
(ii) The licensee's illness.
(iii) The licensee's death.
(iv) A change in the legal status making
unlawful for licensed business to continue.
(e) Each application shall contain a provision on
the application in bold print indicating that
any withholding of information or the provid-
ing of false or misleading information will be
grounds for denial or revocation of a license.
Any changes in the information provided on
the application or provided during the investi-
gation shall be brought to the attention of the
Public Safety Director by the applicant or
licensee. If said changes .take place during the
investigation, said data shall be provided in
writing to the Public Safety Director, who shall
report the changes to the City Council. Failure
to report said changes by the applicant or the
licensee may result in a denial or revocation of
a license.
Subd. 4. Investigative Fee: The investigative
fee for an adult establishment license is set forth
in Appendix D.
Subd. 5. Granting of License:
(a) The Public Safety Director, or designee, shall
complete their investigation within 30 days
after the Public Safety Director receives a com-
plete application and all license and investiga-
tive fees.
(b) If the application is for a renewal, the appli-
cant shall be allowed to continue business
until the Council has determined to renew or
refuse to renew a-license.
(c) If, after such 'investi'gation, it appears that the
applicant and the place proposed for the busi-
ness are eligible for a license under the criteria
set forth in this subsection, then the license
shall be issued by the City ;Council within 30
days after the investigation is completed.
Otherwise the license shall be denied.
(d) l;aph lice{tse ahall.,be~issued to the applicant.
Subd. 8 Conditions of License:
(a) Every license shall be granted subject to the
following conditions and all other provisions of
this subsection, and of any applicable sections
of the City Code, the City's zoning ordinance,
the Building Code, the Fire Code, the City's
Health Regulations and all provisions of state
and federal law.
(b) All licensed premises shall have the license
posted in a conspicuous place at all times.
(c) No minor shall be permitted on the licensed
premises.
(d) Any designated inspection officer of the City
shall have the right to enter, inspect, and
search the premises of a licensee during busi-
ness hours.
(e} Every licensee shall be responsible for the con-
duct of his/her place of business and shall
maintain conditions of order.
(fl No adult goods or material services shall be
otTered, sold, transferred, conveyed, given, dis-
played, or bartered to any minor.
Subd. 9 Penalty:
(a) Any person violating any provision of this sec-
tion is guilty of a misdemeanor and upon con-
viction shall be punished not more than the
maximurn penalty for a misdemeanor as pre-
scribed by state law.
(b) Any violation of this section shall be a basis for
the suspension or revocation of any license
granted hereunder. In the event that the City
Council proposes to revoke or suspend the
license, the licensee shall be notified in writing
of the basis for such proposed revocation or
suspension. The Council shall hold a hearing
for the purpose of determining whether to
revoke or suspend the license, which hearing
shall be within thirty (30) days of the date of
the notice.
(c) The City Council shall determine whether to
suspend or revoke a license within thirty (30)
days after the hearing or within 60 days of the
date of the notice, whichever is sooner, and
shall notify the licensee of its decision within
that period.
Subd. 10. Right of Appeal:
(a) In the event that the Council determines to
suspend, or revoke a license, such suspension
or revocation shall not be effective until fifteen
(15) calendar days after notification to the
licensee by the City of its decision. If, within
that fifteen (15) days, the licensee commences
an action in state or federal court challenging
the Council's action, then the suspension or
revocation shall be stayed until the conclusion
of such action.
(b) If the City Council determines not to renew a
license, the licensee may continue its business
for fifteen (15) calendar days after notification
by the City of such non-renewal. If the licensee
commences an action in state or federal court
within that fifteen (15) days for the purpose of
determining whether the City acted properly,
the licensee may continue in business until the
conclusion of the action.
(c) If theCity Council decides not to grant a
license to an applicant, the applicant may com-
mence an action in state or federal court with-
in fifteen (15) days after notification by the
City of the denial for the purpose of determin-
ingwhether the City acted properly. The appli-
- cant shall not commence doing business unless
the action is concluded in its favor.
(d) Any notification required to be sent by the City
is deemed completed when mailed by first
class mail to the applicant or licensee at the
address listed in the application.
Sec. 2. Subsection 2020.01, Subdivision 6 of the
Richfield City Code is amended to read as follows:
Subd. 6. Prohibition. It is unlawful for the
licensee, owner or manager of an adult establish-
ment as defined in Section 1196 of this code or any
establishment licensed pursuant to el3eg6er-~e€
this code to permit or allow in such establishment
any nudity, sadomasochistic abuse, sexual conduct
or sexual excitement as defined in this section, or
for any person to participate or engage in such con-
duct. Violation of this subsection is grounds for the
revocation of a anv license issued pursuant to
this code.
Sec. 3. The Richfield City Code is amended by
adding a new section to read:
Section 62 - Pr mi and ~ iv to Hieh-Risk
Sexual Conduct
625.01 Purnose. The purpose of this section of the
City Code is to prescribe regulations governing
commercial premises, buildings, and structures
that are conducive, by virtue of design and use, to
high-risk sexual conduct which can result in the
spread of sexually transmitted diseases to persons
frequenting such premises, buildings, and struc-
tures.
625.03. Fin s of the City Council. Subdivision
1. The City Council of the City of Richfield makes
the following findings regarding the need to regu-
late commercial premises, buildings, and struc-
tures that are conducive to the spread of communi-
cable disease of danger to persons in order to fur-
ther the substantial interest of public health.
Subd. 2. The experience of other cities estab- ~~
1
i
;ity of Richfield
~~
(Official Publication)
BILL NO.1995-5
AN ORDINANCE REGULATING ADULT
ESTABLISHMENTS AND PREMISES
CONDUCIVE TO HIGH RISK. SEXUAL
CONDUCT, ADDING NEW SECTIONS
TO THE RICHFIELD CITY CODE, AND
AMENDING SUBSECTION 2020.10,
SUBDIVISION 6 OF THE CITY CODE.
THE CITY OF RICHFIELD ORDAINS:
Section 1. The Richfield City Code is amended by
dding a new section to read:
Section 1196 -Adult Establishments
1196.01 Findines and Purpose. Studies con-
ducted by the Minnesota attorney general, the
American Planning Association and cities such as
St. Paul; Indianapolis; Alexandria, Minnesota;
Rochester, Minnesota; Phoenix, Arizona; Los
Angeles, California; Seattle, Washington; have
studied the impacts that adult establishment have
in those communities. These studies have conclud-
ed that adult establishments have adverse impact
on the sun•ounding neighborhoods. Those impacts
include increased crime rates, lower property val-
ues,increased transiency, neighborhood blight and
potential health asks. Based on these studies and
findings, the city council concludes:
(a) Adult establishments have adverse secondary
impacts of the types set forth above.
(b) The adverse impacts caused by adult establish-
ments tend to diminish if adult establishments
are governed by locational requirements,
licensing requirements and health require-
ments.
(c) It is not the intent to prohibit adult establish-
ments from having a reasonable opportunity to
locate in the city.
(d) Minnesota Statutes, Section 462.357, allows
the city to adopt regulations to promote the
public health, safety, morals and general wel-
fare.
(e) The public health, safety, morals and general
welfare will be promoted by the city adopting
regulations governing adult establishments.
1196.03 Definitions, Subdivision 1. The following
terms have the meanings given them below.
Subd. 1. Adult Establishment. A business
engaged in any of the following activities or which
utilizes ary of the following business procedures or
practices:
(a) a business that is conducted exclusively for the
patronage of adults and as to which minors are
specifically excluded from patronage, either by
operation pf law or by the owners of such busi-
ness, except any business licensed under
Chapter XII of the Richfield City Code;
(b) any business that has at least 20% of its floor
area (not including storerooms; stock areas,
bathrooms, basements, attics or any portion of
the business not open to the public) devoted to
items, merchandise or other material that is
distinguished or characterized by an emphasis
on material depicting, exposing, describing,
discussing or relating to specified sexual activi-
ties or specified anatomical areas; or
(c) Any adult use as defined in subdivision 3 of
this section.
Subd. 3. Adult Use. An adult use is any of the
activities and businesses described below:
(a) Adult Body Painting Studio: An establishment
or business which provides the service of
applying paint or other substance, whether
transparent or non-transparent, to the body of
a patron when such person is nude.
(b) Adult Bookstore: An establishment or business
used for the barter, rental or sale of items con-
sisting of printed matter, pictures, slides,
records, audio tape, videotape, or motion pic-
ture film if such business is not open to the
public generally but only to one or more classes
of the public, excluding any minor by reason of
age, or if at ]east 20% of its floor area (not
including storerooms, stock areas, bathrooms,
basements, attics or any portion of the busi-
ness not open to the public) is devoted to items,
merchandise or other material distinguished
or characterized by an emphasis on the depic-
lion or description of "specified sexual activi-
ties" or "specified anatomical areas."
(c) Adult Cabaret. A business or establishment
that provides dancing or other live entertain-
ment to patrons if the dancing and live enter-
tainment is distinguished and characterized by
an emphasis on the presentation, display,
depiction of matter that seeks to evoke, arouse
or excite the patrons' sexual or erotic feelings
or desire.
(d) Adult Companionship Establishment: A busi-
ness or establishment that excludes minors by
reason of age, and which provides the service
of engaging in or listening to conversation, talk
or discussion between an etrp]oyee of the
establishment acid a customer, if such se:vice
is distinguished and characterized bY.,~
emphasis oa "specified sexual activities" or
"specified anatomical areas."
(e) Adult Conversation/Rap Parlor: EYbusiness Gr
establishment that excludes minors by reason
of age, and which provides the services of
engaging in or listening to conversation, talk,
or discussion, if such service is distinguished
and characterized by an emphasis on "specified
sexual activities" or "specified. anatomical
areas."
(fl Adult HealthlSport Club: Ahealth/sport club
which excludes minors by reason of age, if such
club is distinguished and characterized by an
emphasis on "specified sexual activities° or
"specified anatomical areas."
(g) Adult Hotel or Motel: A hotel or motel from
•a•hich minors are specifically excluded from
patronage and where material is presented
which is distinguished and characterized by an
emphasis on matter depicting, describing or
relating to "specified sexual activities" or "spec-
ified anatomical areas."
(h) Adult Massage Parlor, Health Club: A mas-
sage parlor or health club which restricts
minors by reason of age, and which provides
the services of massage, if such service is dis-
tinguished and characterized by an emphasis
on "specified sexual activities" or "specified
anatomical areas."
(i) Adult Mini-Motion Picture Theater: A business
or establishment with a capacity for less than
50 persons used for presenting material if such
material is distinguished and characterized by
an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "spec-
ified anatomical areas."
(j) Adult Modeling Studio: A business or estab-
lishment that provides customers figure mod-
els who are so provided with the intent of pro-
viding sexual stimulation or sexual gratifica-
tion to such customers and who engage in
"specified sexual activities' or display "speci-
fied anatomical areas" while being observed,
painted, painted upon, sketched, drawn, sculp-
tured, photographed, or otherwise depicted by
'such customers.
(k) Adult Motion Picture Arcade: Any place to
which the public is permitted oc' invited where
coin or slug-operated or electronically, electri-
cally or mechanically controlled or operated
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 and
characterized by an emphasis on depicting or
describing "specified sexual activities" or "spec-
ified anatomical areas.°
(1) Adult Motion Picture Theater: A motion pic-
ture theater with a capacity of 50 or more per-
sons used for presenting material if such the-
ater as a prevailing practice excludes minors
by reason of age or if such material is distin-
guished or characterized by an emphasis on
"specified sexual activities" or "specified
anatomical areas' for observation by patrons.
(m) Adult Novelty Business: A business which has
as a principal activity the sale of devices which
stimulate human genitals or devices which are
designed for sexual stimulation.
(n) Adult Sauna: A sauna which excludes minors
by reason of age, and which provides a steam
bath or heat bathing room used for the purpose
of bathing, relaxation, or reducing, utilizing
steam or hot air as a cleaning, relaxing or
reducing agent, if the service provided by the
sauna is distinguished or characterized by an
emphasis on "specified sexual activities' or
"specified anatomical areas.°
(o) Adult Steam Room/Bathhouse Facility: A
building or portion of a building used for pro-
viding asteam bath or heat bathing room used
for the purpose of pleasure, bathing, relax-
ation, or reducing, utilizing steam or hot air as
a cleaning, relaxing or reducing agent if such
building or portion of a building restricts
minors by reason of age and if the service pro-
vided by the steam room bathhouse facility is
distinguished and characterized by an empha-
sis on "specified sexual activities' or "specified
anatomical areas."
Subd. 4 Nude or Specified Anatomical Areas:
(a) Less than completely and opaquely covered
human genitals, pubic region, buttock, anus, or
fem~cle breast(s) below a point immediately
above the top of the areola; and
(b) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Sub<t. 5. Specified Sexual Activities.
(a) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copula-
tion, bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in
the context of a sexual relationship, or the use
of excretory functions in the context of a sexual
relationship, and any of the following sexually-
oriented acts or conduct: anilingus, buggery,
coprnphagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerastia; or
(b) Clearly depicted human genitals in the state of
sexual stimulation, arousal or tumescence; or
(c) Use of human or animal ejaculation, sodomy,
oral copulation, coitus, or masturbation; or
(d) Fondling or touching of nude human genitals,
pubic region, buttocks, or female breast(s); or
(e) Situ~ctions involving a person or persons, any
of wLom are nude, clad in undergarments or in
sexually revealing costumes, and who are
engaged in activities involving the flagellation,
torture, fettering, binding or other physical
restraint of any such persons; or
(fl Erotic or lewd touching, fondling or other sexu-
ally oriented contact with an animal by a
human being; or
(g) Human excretion, urination, menstruation,
'vaginal or anal irrigation.
1196.05 Location. Subdivision 1. No adult
establishment may be located within 1,000 feet of
a park, school, church, library or a commercial day
care center.
Subd. 2. No adult establishment maybe locat-
ed within 1,000 feet of another adult establish-
ment.
Subd. 3. No adult establishment may be locat-
ed within 200 feet of a residential zoning district.
Subd. 4. No adult establishment may be locat-
ed, within 100 feet of the right-of--way of an entry
street to the city. For purposes of this subdivision,
an entry street is defined, as Penn Avenue, Lyndale
Avenue, Nicollet Avenue, Portland Avenue, Cedar
Avenue and 12th Avenue.
Subd. 5. The distances set forth in this subsec-
tion are to be measured from the nearest outside
edge of the building housing the adult establish-
ment, or the outside edge of the premises of the
adult business if the adult business is located in a
building containing other businesses, to the near-
est boundary of the residential zoning district or
the nearest boundary of the property containing a
park, school, church, library, commercial day care
center, or other adult establishment.
Subd. 6. The screen wall and loop streets on
the north side of 77th Street and east of I-35W
were intended to form a barrier between the com-
mercial_p~ r~perties located south of 77th Street and
theresidential properties north of 77th Street;
therefore, the distances set forth in this subsection
do not apply across 77th Street, east of I-35W.
1196.07 Additional Conditions for Adult Cabaret .
Subdivision 1. The following additional conditions
apply to adult cabarets.
Subd. 2. No owner, operator or manager of an
adult cabaret shall permit or allow any dancer or
other live entertainer to perform nude.
Subd. 3. No dancer, live entertainer, per-
former, patron or any other person shall be nude in
an adult cabaret.
Subd. 4. The owner, operator or manager of an
adult cabaret shall provide the following informa-
tion to the city concerning any persons who dance
or perform live entertainment at the adult cabaret:
The person's name, home address, home telephone
number, date of birth and any aliases.
Subd. 5. No dancer, live entertainer or per-
forinershall be under 18 years old.
Subd. 6. All dancing or live entertainment
shall occur on a platform intended for that purpose
and which is raised at least two feet from the level
of the floor.
Subd! 7. No dancer, live entertainer or per-
former shall perform any dance or live entertain-
ment closer than 10 feet to any patron.
Subd. 8. No dancer, live entertainer or per-
former'shall fondle or caress any patron and no
patron shall fondle or caress any dancer or'per-
former.
Subd. 9. No patron shall pay or give any gratu-
ity to any dancer, live entertainer or performer.
Subd. 10. No dancer, live entertainer or per-
former shall solicit any pay or gratuity from any
patron.
1196.09 Hours of Operation. No adult establish-
ment may be open to the public between the hours
of 1:00 a.m. and 10:00 a.m. This subsection is not
applicable to any business that is subject to the
hours of operation limitation in Section 605.23,
subdivision 4.
1196.11 License Required. Subdivision 1. No per-
son shall own or operate an adult establishment
without having first secured a license as provided
for in this subsection. This subsection is not applic-
Subd. 2. Application: The application for an
adult establishment license shall be submitted on
a form provided by the City and shall include:
(a) If the applicant is an individual, the name, res-
idence, phone number, and birthdate of the
applicant: If the applicant is a partnership, the
name, residence, phone number, and birthdate
of each general and limited partner. If the
applicant is a corporation, the names, resi-
dences, phone numbers, and birthdates of all
those persons holding more than five (5) per-
cent of the issued and outstanding stock of the
corporation.
(b) The name, address, phone number, and birth-
date of the operator and manager of such oper-
ation, if different from the owners.
(c) The address and legal description of the
premises where the adult establishment is to
be located.
(d) A statement detailing any gross misdemeanor
or felony convictions relating to sex offenses,
obscenity or the operation of an adult estab-
lishment or adult business by the applicant,
operator or manager and whether or not the
applicant, operator or manager has ever
applied for or held a license to operate a simi-
lar type of business in other communities. In
the case of a corporation, a statement detailing
any felony convictions by the owners of more
than five (5) percent of the issued and out-
standing stock of the corporation, and whether
or not those owners have ever applied for or
held a license to operate a similar type of busi-
ness in other communities.
(e) The activities and types of business to be con-
j ducted.
i (fl The hours of operation.
(g) The provisions made to restrict access by
minors.
(h) A building plan of the premises detailing all
internal operations and activities.
Subd. 3. License Fee:
j (a) The annual license fee is set forth in Appendix
D.
~ (b) Each application for a license shall be submit-
~ led to the Public Safety Director and payment
' made to the City. Each application for a license
shall be accompanied by payment in full of the
required license fee. Upon rejection of any
( application for a license, the City shall refund
the license fee.
(c) All licenses shall expire on the last day of
December in each year. Each license shall be
issued for a period of one (U year, except that
if a portion of the license year has elapsed
when the application is made, a license may be
issued for the remainder of the year for a pro
rated fee. In computing such fee, any unex-
pired fraction of a month shall be counted as
one (1) month.
~ (d) No part of the fee paid by any license shall be
', refunded, except that a pro rata portion of the
fee shall be refunded in the following instances
upon application to the City Manager within
i 30 days from the happening of the event, pro-
vided that such event occurs more than 30
~ days before the expiration of the license:
i
(i) Destruction or damage of the licensed
premises by fire or other catastrophe.
(ii) The licensee s illness.
(iii) The licensee's death.
(iv) A change in the legal status making
unlawful for licensed business to continue.
~ (e) Each application shall contain a provision on
~, the application in bold print indicating that
any withholding of information or the provid-
ing of false or misleading information will be
i grounds for denial or revocation of a license.
~ Any changes in the information provided on
~ the application or provided during the investi-
i gallon shall be brought to the attention of the
Public Safety Director by the applicant or
j licensee. If said changes .take place during the
~ investigation, said data shall be provided in
writing to the Public Safety Director, who shall
report the changes to the City Council. Failure
to report said changes by the applicant or the
licensee may result in a denial or revocation of
j a license.
Subd. 4. Investigative Fee: The investigative
' fee for an adult establishment license is set forth
~ in Appendix D.
Subd. 5. Granting of License:
' (a) The Public Safety Director, or designee, shall
i complete their investigation within 30 days
;~ after the Public Safety Director receives a com-
~ plete application and all license and investiga-
~ five fees.
(b) If the application is for a renewal, the appli-
cant shall be allowed to continue business
until the Council has determined to renew or
refuse to renew a`-license.
(c) If, after such investigation, it appears that the
'applicant and the place proposed for the busi-
I ness are eligible for a license under the criteria
set forth in this'subsection, then the license
shall be issued by the City Council within 30
days after the investigation is completed.
Otherwise the license shall be denied.
(d) each licepse s1~all,be~ issued to the applicant.
only and shall not be transferable to another
- _ltolder. Each license shall be issued only for
Ehe premises described in the application. No
I license may be transferred to another premise
without the approval of the City Council. If the
licensee is a partnership or a corporation, a
change in the identity of any of the principals
of the partnership or corporation shall be
deemed a transfer of the license. All adult
establishments existing at the time of the
adoption of this subsection shall be required to
obtain an annual license.
Subd. 6. Persons Ineligible for License: No
license shall be granted to or held by any person:
(a) Under twenty-one (21) years of age.
(b) Who is overdue or whose spouse is overdue in
his or her payment to the City, county or state
of taxes, fees, fines or penalties assessed
against them or imposed upon them;
(c) Who has been convicted or whose spouse has
i been convicted of a gross misdemeanor or
felony or of violating any law of this state or
local ordinance relating to sex offenses, obscen-
~ ity offenses or adult establishments;
i (d) Who is not the proprietor of the establishment
for which the license is issued;
(e) Who is residing with a person who has been
denied a license by the City or any other
Minnesota municipal corporation to operate an
adult establishment, or residing with a person
whose license to operate an adult establish-
ment has been suspended or revoked within
the preceding twelve (12) months;
(fl Who has not paid the license and investigative
fees required by this subsection.
Subd. 7 Places Ineligible for License:
(a) No license shall be granted for adult establish-
ments on any premises where the applicant or
any of its officers, agents or employees has
been convicted of a violation of this subsection,
or where any license hereunder has been
revoked for cause, until one (1) year has
elapsed after such conviction or revocation.
(b) No license shall be granted for any adult estab-
lishment which is not in full compliance with
the City Code, the City's zoning ordinance, the
Subd. 8 Conditions of License:
(a) Every license shall be granted subject to the
following conditions and all other provisions of
this subsection, and of any applicable sections
of the City Code, the City's zoning ordinance,
the Building Code, the Fire Code, the City's
Health Regulations and all provisions of state
and federal law.
(b) All Licensed premises shall have the license
posted in a conspicuous place at all times.
(c) No minor shall be permitted on the licensed
premises.
(d) Any designated inspection officer of the City
shall have the right to enter, inspect, and
search the premises of a licensee during busi-
nesshours.
(e) Every licensee shall be responsible for the con-
duct of his/her place of business and shall
maintain conditions of order.
(fl No adult goods or material services shall be
offered, sold, transferred, conveyed, given, dis-
played, or bartered to any minor.
Subd. 9 Penalty:
(a) Any person violating any provision of this sec-
tion is guilty of a misdemeanor and upon con-
viction shall be punished not more than the
maximum penalty for a misdemeanor as pre-
scribed by state law.
(b) Any violation of this section shall be a basis for
the suspension or revocation of any license
granted hereunder. In the event that the City
Council proposes to revoke or suspend the
license, the licensee shall be notified in writing
of the basis for such proposed revocation or
suspension. The Council shall hold a hearing
for the purpose of determining whether to
revoke or suspend the license, which hearing
shall be within thirty (30) days of the date of
the notice.
(c) The City Council shall determine whether to
suspend or revoke a license within thirty (30)
days after the hearing or within 60 days of the
date of the notice, whichever is sooner, and
shall notify the licensee of its decision within
that period.
Subd. 10. Right of Appeal:
(a) In the event that the Council determines to
suspend, or revoke a license, such suspension
or revocation shall not be effective until fifteen
(15) calendar days after notification to the
licensee by the City of its decision. If, within
that fifteen (15) days, the licensee commences
an action in state or federal court challenging
the Council's action, then the suspension or
revocation shall be stayed until the conclusion
of such action.
(b) If the City Council determines not to renew a
license, the licensee may continue its business
for fifteen (15) calendar days after notification
by the City of such non-renewal. If the licensee
commences an action in state or federal court
within that fifteen (15) days for the purpose of
determining whether the City acted properly,
the licensee may continue in business until the
conclusion of the action.
(c) If the City Council decides not to grant a
license to an applicant, the applicant may com-
mence an action in state or federal court with-
in fifteen (15) days after notification by the
City of the denial for the purpose of determin-
ingwhether the City acted properly. The appli-
cant shall not commence doing business unless
the action is concluded in its favor.
(d) Any notification required to be sent by the City
is deemed completed when mailed by first
class mail to the applicant or licensee at the
address listed in the application.
Sec. 2. Subsection 2020.01, Subdivision 6 of the
Richfield City Code is amended to read as follows:
Subd. 6. Prohibition. It is unlawful for the
licensee, owner or manager of an adult establish-
n~nt ac defined in Section 1196 of this code or any
establishment licensed pursuant to ~~€
this code to permit or allow in such establishment
any nudity, sadomasochistic abuse, sexual conduct
or sexual excitement as defined in this section, or
for any person to participate or engage in such con-
duct. Violation of this subsection is grounds for the
revocation of a anv license issued pursuant to
this code.
Sec. 3'. The Richfield City Code is amended by
adding a new section to read:
4ert;nn R26 -Premises Conducive toN_ieh-Risk
Sexual Conduct
625.01 Purpose. The purpose of this section of the
City Code is to prescribe regulations governing
commercial premises, buildings, and structures
that are conducive, by virtue of design and use, to
high-risk sexual conduct which can result in the
spread of sexually transmitted diseases to persons
frequenting such premises, buildings, and struc-
tures.
625.03. Findines of the Cit .o ncil. Subdivision
1. The City Council of the City of Richfield makes
the following findings regarding the need to regu-
late commercial premises, buildings, and struc-
tures that are conducive to the spread of communi-
cable disease of danger to persons in order to fur-
ther the substantial interest of public health.
Subd. 2. The experience of other cities estab-
lishes that certain commercial premises, buildings,
and structures, or parts thereof, by reason of the
design and use of such premises, buildings, or
structures are conducive to the spread of communi-
cable disease of danger to persons frequenting
such premises, buildings, or structures, as well as
to the general public, and that the risk of spread-
inginfectious and contagious diseases can be mini-
mized by regulating such commercial premises,
buildings, and structures.
Subd. 3. The experience of other cities where
such commercial premises, buildings, and struc-
tures are present indicates that the risk of spread-
ing the sexually transmittable disease of Acquired
Immune Deficiency Syndrome (AIDS) is increased
by the presence of such premises, buildings, and
structures, because the design or use of such
premises, buildings, and structures, or parts there-
of can facilitate high-risk sexual conduct.
Subd. 4. Medical publications of the Center for
Disease Control of the United States Department
of Health and Human Services indicate that the
sexually transmittable disease of AIDS is currently
irreversible and uniformly fatal. Medical research
has further established that the risk factors for
obtaining or spreading AIDS are associated with
high risk sexual conduct.
625.05. Definitions. Subdivision 1. The following
words and phrases when used in this section shall
have the following meanings unless the context
indicates otherwise:
Subd. 2. Booths. stalls. or partitioned portions
of a room or individual room: (i) enclosures specifi-
cally offered to persons for a fee or as an incident
to performing high-risk sexual conduct, or (ii)
enclosures which are part of a business operated
on the premises which offers movies or other enter-
tainment to be viewed within the enclosure,
including enclosures wherein movies or other
entertainment is dispensed for a fee.
The phrase "booths, stalls, or partitioned portions
of a room or individual room" does not mean enclo-
sures which are private offices used by the owners,
managers or persons employed by the premises foi•
attending to the tasks of their employment, and
which are not held out to the public or members of