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HomeMy WebLinkAbout1995-062 CCR1 Member Debra Hilstrom introduced the following resolution and moved its adoption: follows: RESOLUTION NO. 95 -62 RESOLUTION PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER: AND DIRECTING A STUDY TO BE CONDUCTED BE IT RESOLVED by the City Council of the City of Brooklyn Center as Section 1. Background. 1.01. The State Attorney General has prepared a report entitled, "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses dated June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated March 2, 1988, and "A 40 -Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 1.02. The Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Reports conclude that: a. adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases; d. studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; 1 1 1 RESOLUTION NO. 95 -62 e. the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g. studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 1.03. The Brooklyn Center City Council finds the suburban characteristics of Brooklyn Center are similar to those of the cities cited by the Reports when considering the affects of adult uses. 1.04. The Brooklyn Center City Council finds, based upon the Reports and the studies cited therein, that adult uses will have secondary effects upon certain pre existing land uses within the City. 1.05. The City's zoning ordinance does not address such adult uses which have been found by other municipalities to cause similar adverse secondary effects. 1.06. The City Council is concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.07. In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. b. The concentration and density of such uses in the City and its neighborhoods. -2- 1 1 1 RESOLUTION NO. 95-62. 1.08. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. Such a study will address the land use and zoning issues, including those referenced above. 1.09. c. The effect of such uses on other uses in the surrounding area. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.10. The City Council has directed that such a study be undertaken. 1.11. Minnesota Statutes Section 462.355, Subd. 4, permits the adoption of interim zoning ordinances during the planning process. 1.12. Pending the effective date of such interim ordinance, the Council finds that it is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare to adopt this Resolution. Section 2. Definitions. 2.01. Adult Establishments. An adult establishment is any establishment in which an adult use comprises more than 10 percent of the floor area of the establishment in which it is located or which comprises more than 20% of the gross receipts of the entire business operation. 2.02. Adult Use. An adult use is any of the activities and businesses described below: a. Adult Use 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 body is wholly or partially nude in terms of "specified anatomical areas". b. Adult Use Bookstore: A building or portion of a building 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 building or portion of a building is not open to the public generally but -3- 1 1 1 RESOLUTION NO. 95 -62, only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas c. Adult Use Cabaret: A building or portion of a building for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas d. Adult Use Companionship Establishment: A companionship establishment which 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 Use Conversation /Rap Parlor: A conversation /rap parlor which 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". f. Adult Use 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 g. Adult Use Hotel or Motel: Adult hotel or motel means a hotel or motel from which 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 "specified anatomical areas h. Adult Use 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 -4- 1 RESOLUTION NO. 95 -62 J• areas Adult Use Mini -Motion Picture Theater: A building or portion of a building 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 "specified anatomical areas". Adult Use Modeling Studio: An establishment whose major business is the provision, to customers, of 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, photographed, or otherwise depicted by such customers. k. Adult Use Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, 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 anatomical areas". 1. Adult Use Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building 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 therein. m. Adult Use 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 Use 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 -5- 1 1 RESOLUTION NO. 95 -62 o. Adult Use 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 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 provided by the steam room /bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas 2.03. Specified Anatomical Areas. a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female 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. 2.04. Specified Sexual Activities. sexual activities" or "specified anatomical areas". a. Actual or simulated sexual intercourse, oral copulation, anul intercourse, oral -anul copulation, 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, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; 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. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged -6- 1 1 RESOLUTION NO. 95 -62 Section 4. Enforcement. Section 5. Separability. 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. Section 3. Planning and Zoning Study: Moratorium. 3.01. A study is authorized to be conducted by City staff to determine how adult establishment uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area. 3.02. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.03 A moratorium on the development or location of adult establishments is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. During the term of this ordinance, no adult establishment shall be located less than 250 feet from the nearest property line of any land in a residential zone, or any public day care, library, park, religious institution, playground or other public recreational facility in any zoning district. The City may enforce any provision of this resolution by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Every section, provision or part of this resolution is declared separable from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate -7- 1 1 1 RESOLUTION NO. 95 -62 any other section, provision, or part of this resolution. Section 6. Duration. This resolution shall remain in effect for one year from the date of its effective date or until such earlier time as said resolution shall be revoked or otherwise amended. Section 7. Effective Date. This resolution shall take effect immediately upon adoption. February 27, 1995 Date ATTEST: 1Q 4 Deputy Clerk -s- The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Barb Kalligher, Debra Hilstrom, and Kathleen Carmody; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor