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Ordinance No. 0963 12-17-1990.•�„� « . OFFICIAL TITLE LAI�ID S[RR�II�I2Y I. TITLE � AN II�II1CY ORDINFINCE PLACING A MORADDRIiIM ON THE SITII�IG OF SEXCTALLY ORIF•N`PED HUSINESSES PROHIBITING ZY�IF2 IA('�1TION WITfIIN CII7PAIN SPECIFIED DISTANCES FROM RFGIDENZ'IAL P,REAS, SCfI00LS, Qi[JRC[�'S, PARKS AND PIAYGROiINAS. II. SI�2Y The City Council of the city of Fridley does hereby o�lain as follaas: This oxdinance is adopted pursuant to Minrwcota Statutes 461.355, S�ilxlivision 4, and the Fridley city Charter Provisions Section 3.06. The o�linance defin�s Sexually-Oriented Businesses. Included in the definition are adult book and media stores; adult cabarets; adult establishments; adult hotels or motels; adult mini-motion picture theaters; adult mocieluig studios; adult motion picture arcades; adult �tion picture theaters; adult navelty businesses. The definition also includes s�ecified anatomical areas and specified sexual activities. The above on�inance was adopted on December 17, 1990, and is effective as of the date of adoption. It shall remain in effect for 180 days from the date of adoption. While this ordinanoe is in effect, no ����lly-oriented business as defined in the on9inance may be located less than 500 feet from any residential zoning , district, or less th�n 1000 feet frwn any church, school, or any park adjacent to residential districts. In addition, no sexually-oriented business may be located within 1000 feet of another sexually-oriented business. III. NO'PICE This Title and Stmm��ry have been published to clearly inform the public of the intent and effect of the City of Fridley's emexgency orrlinance placing a moratoriwn on the siting of sexuallyroriented businesses. A copy of the on3inance, in its entirety, is available for inspection by any person during regalar o£fice hours at the office of the city Clerk of the City of Fridley, 6441 University Avenue N.E., Fridley, NIN 55432. PASSID AND ADOPPED BY THE CITY COUNCIL OF Ti-IE CITY OF FRIDLEY THE 17TH OAY OF � DE�ER, 1990. �r .�.c,�-�.�.e� �}�L.�—� � WILISAM J. MAYOR ATTFST: li �_ SHIRL�,'Y A. ALA - C CL�RK ' Reading of On�inanrs: Decei[�ber 17, 1990 Published in Miruleapolis Star Tributte: December 22, 1990 Copies of on3inance are available. City of Fridley 6431 Univetsity Avenue N.E. Fridley, MN 55432 � � � ORDII�E N�. 963 �1 181•.Hil�'�' • • � � I• N • N� ' •' � � • I • I � ' • :i� /• • • �]I ]I� : : � I Y • •�• ��: � I •M� •I �� {I]I•.IV• � 'S � �91� � Y' 'N •.�. •�\81 • •N� 6M'A• M •.M1. � 1\ H'.• IN The Council of the City of EYidley does orc3ain as follows: SectioR 1. PURFOSE AND II�'PENT The City Council finds that an interim ordinance placu�g a moratoritnn on the locating of Se�cually Oriented Businesses within ceitaitt specified distances of residential areas, schools, chuxches, parks arxl playgrowx]s is necessaiy to protect the health, safety, morals, and general welfare of the citizens of the Coirnm�nity; and The City Council further finds that an interim oniinance placirig a moratorium on the location of Sexually Oriented Businesses is necessary in orc3er to permit the planning process to take place and to allaa the City staff, Planning Commission and Council to procc,�ed in an ozclerly fashion to adopt a permanent on-iinance restricting the location of Sescuallv Oriented Businesses within the City. Section 2. AUTHORITY This oxdinance is adopted pursuant to that authority granted the City in Minnesota Statutes Annotated §462.355, Subd. 4, entitled "Interim Ordu7ance" and City (�arter Provision, Section 306, entitled "�jency Oniinance." Section 3. DFFrurrrONS �,lt Use: Any of the activities and businesses described below constitute "Sexually Oriented Businasses�� which are subject to the regulations of this OYdi nanc,a, A. Adult Book and Media Store: An establislnnent having as a substantial portion af its stock in trade or stack on display books, magazines, films, videotape or other media which are chazacterized hy their e�hasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas." B. Adult Cabaret: An establishment which provides dancinq or other live enteita�*�nt, if such establishment excludes minors by virtue of age or if such dancing or other live entertairu�e.nt is distiix�uished or characterized by an emphasis on the perforniance, depiction or description of "specified sexual activities" or "specified anatomical areas." C. Adult Establishment: Any business which offers its patrons sesvices, entertaiimient or the sale of inexrl�anclise characterized by an emphasis on matter depicting, exposing, describiny, discussing or relati.ng to specified se�al activities or specified anatomical areas. Page 2-- Oniinanoe No. 963 Specifically included in the term, but without limitation, are adult � book arxi merlia stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modelirig studios, adult motion picture arcades, adult motion picture theaters, adult nwelty businesses, and other adult establishments. D. Adult Hotel or Motel: Adult hotel or motel means a hotel or motel frwn which minors are specifically excluded from patronage and wherein material is presented which is distiixJuished or characterized by an ettq�hasis on matter depicting, describinq or relating to specified ���al activities or specified anatomical amac. E. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a daminant theme material distinguished or characterized by an emphasis on matter depictim�, describing, or relatirxJ to "specified sexual activities" or "specified anatomical areas." ii. Any business or building whicYx pre_sents motion pictures, including films and videotapes, havuxJ as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified se�al activities" or "specified anat�nical areas," for viewing on 1 the premises, including but not limited to private booths, viewing by means of coin operated or other mech�iical devices, and the viewing of excerpts of motion pictures offered for sale or rent. F. Adalt Mocleling Studio: An establishment whose ma�or business is the pmvision, to custcm�rc, of fiat�re models who are so provided with the intent of providing sexual stimulation or sexi�al gratification to such customers axxi who engaqe in specified se�zl activities or display s�ecified anatomical areas while being obseived, painted, painted �on, sketched, drawn, sc�iptured, photographed, or otheiwise depicted by such customers. G. Adult Motion Picture Am,ade: Any place to which the public is permitted or im�ited wherein coin or token-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to shaa images to five or fewer persons per machine at any one time, and where the im-�ges so displayed are distin;ri,;shed or characterized by an emphasis on depictulg or describing specified sexual activities or specified anatomical areas. H. Adult Motion Picture Theater: An enclased building with a capacity ' of 50 or more pexsons used regularly and mutuiely for presenting live entertai�mient or motion pictures, including but not limited to film and videotape, havinq as a dominant theme material distinguished or characterize3 by an emphasis on matter depicting, describing or relating to "specifie3 sexual activities" or "specified anat�nical areas" for observation by patrons therein. 1 1 Page 3-- Orclinance No. 963 I. J I;�1 Section 4. Adult Novelty Business: A business which sells, offexs to sell, or displays devices which simulate hiunan genitals or devices which are designed for sexual stimulation. Specified Anatomical Areas are any of the following conditions: i. Iess than cong�letely and opaquely covered: (a) hLm�n genitals, pubic xegion, or pubic hair; (b) buttock, and (c) female breast belaw a point immediately above the top of the areola; and ii. Htunan male genitals in a disceinibly turgid state, even if opaquely covered. Specified Sexual Activities are any of the following conditions: i. An act of sexual intercourse, noxmal or pervertecl, actual or simulated, includix�g genital-genital, anal-genital, or oral- genital intercourse, whether between htmian beirxJs or betweeri a fimian being and an animal. ii. Sadmt�sochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in uncle�arments or in a revealir�g costwne or the condition of being fettered, bound, or othexwise physically restricted on the part of one so clothed. iii. Masturbation or lewd e�ibitions of the genitals including any explicit, close-up representation of a hwn�i genital oYgan. iv. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a hwnan male or felnale, or the breasts of the feznale, whether alone or between members of the san�e or opposite sex or between hwnans and animals in an act of apparent ���al stimulation or gratification. LOCATION OF SEXCTALLY ORTRN'i'Fn HUSINESSES During tke term of this Ordinance, no Sexually Oriented Businesses shall be located less than 500 feet fran any residential zoning district boundary or site used for residential purposes and less than 1,000 feet from any church site, from any school site, or from any park that is adjacent to residential pmperty. In addition, no Sexually Oriented Businesses may be located within 1,000 feet of another Sexually Oriettted Business. For purposes of this Ordinance this distance shall be a horizontal measurement from the nPa��t existing residential district boundary or site used for residential puxposes, church site, school site, park site or another Sesn�ally Oriented Business site to the nearest bowzdary of the proposed Sexually Oriented Business Site. Section 5. PUBLIC �'.x+RrnrG AND S7ODY ' The City Council hereby directs the City staff to study the sitizig of Sexually Oriented Businesses as defined in Section 3 above and to schedule a public hearing before the Planning Conmiission on the 9th day of January, 1991, at which time public c��nent will be accepted and received reganling the placement and location of Sexually Oriented Businesses within the City. The City staff is fiirther directed to report the results of their studies along with the Page 4-- Ordinance No. 963 reco�nnerrlations of the Planning Commission as soon as the Planning Co�nission 1 has completed their hearings and re�ation. The City staff is further directed to prepare for Council's consideration a pertnanent orclinance prescribirig the �rn;tted locations of Sexually Oriented Businesses witliin the City. Section 6. VIOIATION The City may enfomz any provision of this otrl�nance by ��-a---•� injunction or any other appropriate civil remedy in any court of conq�etent jurisdiction. Section 7. Et�exy section, provision or part of this orrlinance is declared severable from evesy other section, prwision or part thereof to the extent that if any section, provision or part of this ozdinance shall be held invalid by a court of coa��etent jurisdiction it shall not irivalidate any other section, provi.sion or part thereof. Section 8. EFFECPIVE DATE This ordinance beco�s effective upon its passage and shall be in effect for a period of one hundred eighty (180) days fzcan the date hereof. PASSID BY THE CITY �UNCIL OF THE CITY OF FRIDIEY THE 17TH I]AY OF DECEMSER, 1990. � ATTEST: �-� �- �r �� �• �,�%Q�.� �/�����_ WIISSAM J. NEE YOR Reading of O�linance: December 17, 1990 Published in Fridley Focus: December 26, 1990 Published in Minneapolis Star Tribune: December 22, 1990 Copies of on3inance are available. City of FYidley 6431 University Avenue N.E. Fridley, MN 55432 '