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1977-07Bill 1977-7 AMENDMENT TO CHAPTER X, PART III OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter X, Part III of the Ordinance Code of the City of Richfield dealing with misdemeanor offenses is amended by adding Section 10.23 to read as follows: "10.23 MISDEMEANORS - SPECIFIC PROVISIONS: PROHIBITION OF NUDITY IN CERTAIN ESTABLISHMENTS. Subdivision 1. Definitions. The following terms have the meanings ascribed to t em in this section: ,~1~ 'Nudity' means the showing, of the postpubertal human male or female genitals pubic area or buttocks with less than a fully opaque covering, or the sho~in of a most-pubertal female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the showing of covered male genitals in a discernibly turgid state. ~~.~ 'Sadomasochistic abuse' means scenes involving a person or persons, any of whom are nude clad in undergarments or in sexually revealing costumes, and who are en~a~ed in activities involving the flagellation, torture, fettering, binding. or other physical restraint of any such persons. ,~ ) 'Sexual conduct' means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or ` if such person is a females her breast. ,~4,Z, 'Sexual excitement' means the condition of the human male or female ge~-~itals or the breasts of the female when in a state of sexual stimulation or the sensual experience of humans en~zagin~ in or witnessing sexual conduct or nudity. Subd 2 Prohibition It shall be unlawful: (l~ For the licensee, owner or manager of any establishment licensed pursuant to Chapter XI of this Code to permit or allow in such establishment ax~,y, nudity,, sadomasochistic abuses sexual conduct or sexual excitement as defined in this section. ~2~ For an~~ erson to participate or engage in any such conduct.."_ Passed by the City Council of the City of Richfield, Minnesota, this 28th day of March, 1977. ~` ~,; _~ ~~ ,~. ,r ~,, r-~ ~ ~~`~ ~ Loren L. Law ! Mayor ATTEST:.~~ Thomas J. Moran City Clerk ~~. ,SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICH FI ELD ,SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota SS. County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as Z'he Richfield Sun and leas full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the City of Richfield in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Bill 19 ~ `7 ^'7 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ~n~uccessive weeks; that it was first so published on Wed the 6 day of April 19~ and was thereafter printed and published on every to and including the day of 19~ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to-wit: abcdefghijklmnopgrstuvwx yz Subscribed and sworn to before me this 6 day of April 19~ ~--'~ ~ ~ i ~.,..__.;tj ~'i,,._cS0?ra ...,.Y tl, :t'~82 v~n,~,:1,v u (Official Publication) Bill 1977-? AMENDMENT TO CHAPTER. X, PART HI OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES OR- DAIN: Chapter X, ;Part dII of the Ordi- nance Code o'f~the eity of.Richfield dealing with misdemeanor offenses is amended by adding Section 10.23 to read as follows: 10.23 MISDEMEANORS - SPECIFIC PROVISIONS: PRO- HIBITION OF NUDITY IjV " CERTAIN ESTABLISHMENTS. Subdivison 1. Definitions. The following terms have the mean- ings ascribed to them in this sec- lion: (1) `Nudity' means the show- ing of the post-pubertal human male or female genitals, pubic area or buttocks with less than a fully bpaque covering, or the " showing of a post-pubertal female breast with" less than a fully opaque covering of any portion thereof below the top of the nipple or the showing of co- vered male genitals in a dis- cernibly turgid state. (2) `Sadomasochistic abuse' means scenes involving a per- son or persons, any of whom are nude,, clad in undergar- menu or in sexually revealing costumes, and who are engaged ' in activities involving the flagellation, torture, fettering, binding or other physical re- straint of any such persons. (3) `Sexual conducN means acts of masturbation, homosexuality, sexual inter- course, or physical contact with a person's unclothed. genitals, ".pubic area, buttocks or, if such person is a female, her breast. (4) `Sexual excitement' " means the comlition of the human malepr female genitals or the: breasts of" the female " when ina state of sexual stimu- ....~ ,,. .S.w,yY.~y ~.vl t.. LOREN LAW Mayor ATTEST: THOMAS J. MORAN City Clerk (April 6", 1977)RN