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HomeMy WebLinkAbout1997-03 03-10 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the l Oth day of March, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to I consider an amendment relating to the public health, safety, morals and general welfare of adult estabiishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569-3303 to make arrangements. ORDINANCE NO. 97-03 AN ORDINANCE AMENDING CHAPTERS 35, 19, AND 7 OF THE CITY ORDINANCES RELATING TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE: ADULT ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the Ciry of Brooklyn Center is amended by adding a new section to read: Section 35-2182. ADULT ESTABLISHMENTS. 1. Findin�s and Purnose. Studies conducted bv the Minnesota Attornev General. the American Plannin� Association. and cities such as St. Paul. Minnesota: Indiananolis. Indiana: Honkins. Minnesota: Ramsev. Minnesota: Minnetonka. Minnesota: Rochester. Minnesota: Phoenix. Arizona: Los An�eles. California: and Seattle. Washin�ton have studied the imnacts that adult establisl�ments have in those communities. These studiPS have concluded that adult establishments have adverse imnacts on the surrounding nei�hborhoods. These imbacts include increased crime rates. lower nronertv values. increased transiencv. nei�hborhood bli�ht. and notential health risks. Based on these studies and findines. the Citu Cotulcil concludes: a. Adult establishments havP adverse secondarv im�acts of the tvnes set forth above. I b. The adverse imnacts caused bv adult establishments tend to diminish if adult establishments are �overned hv �eo�ranhic. licensin�. and health reauirements. I e. It is not the intent of the Cit�� Council to brohibit adult establishments from havin� a reasonable onnortunitv to locate in the citv. ORDINANCE NO. 97-�3 d. Minnesota Statutes. Section 462.357. allows the Citv to adont re�ulations to nromote the bublic health. safPtv. morals and �eneral welfare. e. The nublic health. safetv_ morals. and �eneral welfare will be �romoted bv the Citv adonting re�ulations �overnin� adult establishments: 2. Definitions: For nurooses of this section. thP followin� terms have the meanin�s �iven them. a. "Adult Establishment" means a business where sexuallv-oriented materials are sold. bartered. distributed. leased. or furnished and which meet anv of the following criteria: a business where sexuallv oriented materials are nrovided for use. k consumntion. eniovment. or entertainment on the business nremises: a business that is distinguished or characterized bv an emnhasis on the descrintion or disnlav of s�necified sexual activities: a business that is distin�uished or characterized bv an emnhasis on the descrintion or disnlav of snecified anatomical areas: an adult cabaret as defined in Section 19-1900. Subdivision l: a business nrovidin� sexuallv oriented materials onlv for off-site use. consumntion. eniovment or entertainment if the nortion of the business used for such nuroose exceeds 25% of the retail floor area of the business or 500 sauare feet_ whichever is less. b. "Sexuallv oriented materials" means visuaL nrinted or aural materials. obiects or devices that are distin�uished or characterized bv an emnhasis on the deniction or descrintion of snecified anatomical areas or snecified sexual activities. c. "Snecified Anatomical Areas" means: Less than completelv and onaauelv covered human �enitals., �ubic re�ions. buttocks. anuses. or female breasts below a noint immediatelv above the ton of the areola: and Human male �enitals in a discernable tur�id state. even if comnletelv and onaauelv covered. I ORDINANCE NO. �7-03 d. "Snecified Sexual Activities" means: Actual or simulated: sexual intercourse: oral cobulation: anal intercourse: oral-anal co�ulation: bestialitv: direct nhvsical stimulation of unclothed genitals: fla�ellation or torture in the context of a sexual relationshin: the use of excretorv functions in the context of a sexual relationshin: anilin�us: bu��erv: conronha�v: conronhilia: cunnilin�us: fellatio: necrouhilia: nederastv�edonhilia: nic�uerism.; sa�nhism_ or zooerastia: Clearlv denicted human �enitals in the state of sexual stimulation. arousal. or tumescence: Use of human or animal Piaculation. sodomv. oral conulation. coitus. or masturbation: Fondlin� or touchin� of nude human �enitals. nubic re�ions. buttocks. or female breasts: Situations involvin� a berson or nersons. anv of whom are nude. who are clad in under�arments ar in sexuallv revealin� costumes and en�a�ed in the fla�ellation. torture. fetterin�. bindin�. or other nhvsical restraint of anv nerson: Erotic or lewd touchin�. fondlin�. or other sexuallv oriented contact with an animal bv a human bein�: or Human excretion. urination_ menstruation. or vaginal or anal irri�ation. 3. Adult establishments mav be located onlv as allowed bv Section 35-330 of this code. Section 2. Chapter 35, Section 35-330 Paragraph 1, Clause a of the City Ordinances of the City of Brooklyn Center is amended to add the following subparagraph: 13. Adult Establishments. Section 3. Chapter 19 of the City Ordinances of the City of Brooklyn Center is amended by adding a new section to read: Section 19-1900: ADULT CABARETS. a. Definition. An adult cabaret is a business that nrovides dancin� or other live entertainment distin�uished or characterized bv an emnhasis on the nresentation. disnlav or deniction of Snecified Sexual Activities or Snecified Anatomical Areas as ORDINANCE NO. 97-03 defined in Section 35-2182. or the nresentation disnlav or deniction of matter that seeks to evoke. arouse or excite sexual or erotic, fPPlin�s or desires. b. Anv adult cabaret oneratin� in the citv must comnlv with the followin� conditions: 1. An owner. onerator. or mana�er of an adult cabaret mav not allow anv dancer or other live entertainer to dis�nlav Snecified Anatomical Areas or to disnlav or nerform Snecified Sexual Activities on the premises of the Adult Cabaret: 2. A dancer. live entertainer. berformer_ natron. or anv other nerson mav not disnlav Snecified Anatomical Areas in an Adult Cabaret: 3. The owner. onerator. pr mana�er of an adult cabaret must nrovide the followin� information to the Citv concernin� anv nerson who dances or nerforms live entertainment at the adult cabaret: The nerson's name. home address. home telebhone number. date of birth. and anv aliases: 4. A dancer. live entertainer. or nerformer mav not be under 18 vears old_ 5. Dancin� or live entertainment must occur on a nlatform intended for that nurnose and that is raised at least two feet from the level of the floor: 6. A dancer or nerformer mav not nerform a dance or live entertainment closer than ten feet from anv natron_ 7. A dancer or nerformer mav not fondle or caress anv natron and no natron ma� fondle or caress anv dancer or nerformer: 8. A natron mav not na� or �ive anv �ratuitv to anv dancer or nerformer: and 9. A dancer or berformer mav not solicit or accebt anv nav or �ratuitv from anv natron. Section 4. Chapter 7 of the City Ordinances of the City of Brooklyn Center is amended by adding a new section to read: Premises Conducive to Hi�h-Risk Sexual Conduct Section 7-600. FINDINGS AND PURPOSE. The Citv Council of the Citv of Brooklvn Center makes the followin� findin�s re�ardin� the need to re�ulate ORDINANCE NO. commercial nremises. buildin�s. and structurPS that are conducive to th� snread of communicable disease of danEer to nersons in order to further the substantial interest of nublic health: A. The exnerience qf other cities establishes that cPrtain commercial nremises. buildin�s. and stnzctures. or narts there�f. bv reason of the desi�n and use of such nrem�seS,, buildin�s. or structures are conducive to the snread of communicable disease of dan�er to }�ersons freauentin� such bremises. buildin�s. or structures. as well as to the general nublic. and that the risk of spreadin� infectious and conta�ious diseases can be minimized bv re�ulatin� such commercial nremises_ buildin�s. and structures. B. The exnerience of pther cities where s�zch commercial nremises. buildin�s. and structures are nresent indicates that the risk of snreading the sexuallv transmittable disea.Se of Acauired Immune Deficiencv Svndrome (AIDSI is increased bv the nresence of such nremises, buildin�s. and structures. becausP the desi�n or use of such nremises. buildin�s. and structures. or �narts thereof can facilitate hi�h-risk sexual conduct. C. Medical nublications of the Center for Disease Control of the United States Denartment of Health and Human Services indicate that the sexuallv transmittable disease of AIDS is currentiv irreversible and uniformlv fataL Medical research h a.s further established that the risk factors for obtainin� or snreadin� AIDS are associated with hi�h risk sexual conduct. D. Certain commercial nremises_ buildin�s. and structures. or narts thereof. bv reason of their desi�n and use. are conducive to hiah-risk sexual conduct and hence the snread of communicable disease. and that the risk of snreadin� infectious and canta�ious diseases can be minimized bv re�ulatin� these commercial nremises. buildin�s. and structures. E. The nublic health. safetv. morals and �eneral welfare will be nromoted bv the Citv adontin� re�ulations �overnin� commercial �remises. buildin�s. and structures conduce tp hi�h-risk sexual conduct. F. The nuroose of this section is to nrescribe re�ulations �overnin� commercial nremises. buildin�s. and structures that are conducive. bv virtue of desi�n and use. to hi�h-risk sexual conduct which can result in the snread of sexuallv transmitted diseasPS to nersons freauentin� such nremises. buildin�s. and structures. i ORDINANCE NO. 97 -03 Section 7-601. DEFINITIONS. ThP followin� terms have the meanin�s �iven them below: A. "Booths. stalls. or nartitioned nortions of a room or individual room" means (il enclosures snecificallv offered to nersons for a fee or as an incident to nerformin� hi�h-risk sexual conduct. ar(iil enclosures which are nart of a business onerated on the bremises which offers movies or other entPrtainment to be viewed within the enclosure. includin� enclosures wherein movies or other entertainment is disnensed for a fee. but �oes not include Pnclosures that are nrivate offices used bv the owners. mana�ers or nersons emnloved bv the nremises for attendin� to the tasks of their emnlovment. and which are not held out to the nuhlic or members of the establishment for hire or for a fee or for the nurnose of viewin� movies or other entertainment for a fee. and are not onen to anv bersons other than emnlovees. B. "Doors. curtains or nortal nartitions" mPans full. comnlete. non- transnarent closure devices throu�h which one cannot see or view activitv takin� nlace within the enclosure. C. "Hazardous site" means anv commercial nremises. buildin� or structure. or anv nart thereof, which is a site of hi�h-risk sexual conduct as defined herein. D. "Hi�h-risk sexual con, c�uct" means (il fellatio: (iil anal intercourse: or (iiil va�inal intercourse with nersons who en�a�e in sexual acts in exchanQe for monev. E. "Onen to an adiacent nublic room so that the area inside is visible to nersons in the adiacent nublic room" means either the absence of anv entire "door. curtain or nortal nartition" or a door or other device which is made of clear. transnarent material such as �lass. nlexi�lass or other similar material meetin� buildin� code and safetv standards. which nermits the activitv inside the enclosure to be entirelv viewed or seen bv nersons outside the enclosure. F. "Public health official" means an a�ent or emnlovee of the Citv. countv or state char�ed with the enforcement of the state or local health laws. i Section 7-602. PUBLIC HEALTH REGULATIONS. A. A commercial buildin�. structure. nremises or nart thereof. or facilities therein mav not be constructed. used. desiuned or onerated in the citv for the i ORDINANCE NO. �7-n� nurnose of en�a�in� in. or nPrmittin� nersons to en�a�e in. sexual activities which include hi�h-risk sexual conduct. j B. It is unlawful to own. onerate. mana�e, rent. lease. or exercise control of a commercial buildin�. structure. nremises. or nortion or nart thereof in the Citv. that contains: 1. Partitions between subdivisions of a room. nortion or nart of a buildin�. structure or nremises havin� an anerture which is desi�ned or constructed to facilitate sexual activitv. includin�? but not limited to vaginal intercourse. anal intercourse. or fellatio. between nersons on either side of the nartition. 2. "Booths. stalls. or nartitioned nortions of a room or individua.l room" as defined herein which have "doors. curtains or nortal nartitions" as defined herein unlPSS the booths. stalls or nartitioned nortions of a room or individual room have at least one side onen to an adiacent nublic room so that the area inside is visible to nersons in the adiacent nublic room as defined herein. Booths. stalls or nartitioned nortions of a room or individual room that are so oben to an adiacent nublic room must be li�hted in a manner that the nersons in the area used for viewin� motion nictures or other forms of entertainment are visible from the adiacent nublic rooms. but such li�htin� need not be of such intensitv as to nrevent the viewin� of the motion nictures or other offered entertainment. Section 7-603. EXCEPTIONS. The re�ulations set forth in this section do not annlv to nremises. buildin�s. or structures that are lawfullv oneratin� and licensed as hotels. motels. anarhnent comnlexes_ condom townhomes. or boardin� houses which are subiect to other �eneral health and sanitation reauirements under state and local law. Section 7-604. HEALTH ENFORCEMENT POWERS. A. In exercisin� nowers conferred bv this or anv other section of this code relatin� to communicable diseases. the Public Health Official is to be �uided bv the most recent instructions. oninions and �uidelines of the Center for Disease Control of the United States Denartment of Health and Human Services that relate to the snread of infectious diseases. B. In order to ascertain the_source of infection and reduc;e its snread_ the Public Health Official. and bersons under the Public Health Official's direction and control. mav insnect or cause to be inspected. and to issue orders re�ardin� anv commercial buildin�. structure or ORDINANCE NO. 97-03 premises. or anv nart thereof. that mav be a site of hi�h-risk sexual I conduct. If the Public Hea,lth Official determines that a hazardous site as defined herein exists. the Public Health (�fficial will declare it to be a nublic health hazard and nublic health nuisance and wi1L• I 1. Notifv the mana�er. owner_ or tenant of the hazardous site that the Public Health Official has reasonable belief that the nremises. buildin� or structure is a hazardous site as defined herein. 2. Issue two written warnin�s at least ten da�s anart to the mana�er. owner. or tenant of the nremises statin� the snecific reasons for the Public Health Official's oninion that the �remises. building_ or structure is a hazardous site as defined herein. 3. Once such notices ancl warnin�s have been issued. the Public Health Off cial must nroceed as follows: a� After the mana�er. owner or tenant of the nremises I� has been notified in writin� as to the basis of the Public Health Official's determination. the mana�er. owner or tenant will ha�e ten davs from the date of the last warnin� to reauest a hearin� before the Public Health Official or the Public Health Official's annointee for the determination as to the existence of such hazardous site. If the mana�er. owner or tenant of the nremises does not reauest a hearin� within ten da�s of the date of the last warnin� notice. the Public Health Official will then cause the nremises to be nosted with a warnin� advising the nublic that the nremises have been declared a hazardous site and the Public Health Official will cause orders to be issued to the mana�er. owner or tenant of the nremises constitutin� the hazardous site to take snecified corrective measures to nrevent hi�h-risk sexual conduct from takin� nlace within the nremises. If the mana�er. owner. or tenant of the nremises reauests a hearin�. the hearin� will be held before the Public Health Official or the Public Health Official's annointee at a date not more than 30 davs after demand for a hearin�. After considerin� all evidence. the Public Health Official or the Public Health Official's annointee will make a determination as to ORDINANCE NO. 97-03 whether the nremises constitute a hazardous site. as defined herein and issue a decision based upon all hearin� evidence nrP,sented. If the Public Health Official or the Public Health Official's a�nointee makes a determination that the bremises constitute a hazardous site. the Public Health Official will then issue orders to the mana�er_ owner. or tenant of the nremises to take corrective measures to nrevent hi�h-risk sexual conduct from takin� blace within the nremises and cause the nremises to be nosted with a warnin� advisin� the nublic that the nremises have been declared a hazardous site. If. within 30 davs after issuance of the orders to the mana�er. owner_ or tenant of the hazardous site. the Public Health Official determines that such corrective measures have not been �andertaken. the Public Health Official (Il mav order the abatement of the hazardous site as a nublic nuisance_ which mav be enforced bv mandatorv or nrohibitorv iniunction in a court of 'i comnetent iurisdiction. or (iil mav secure a court order for the closure of the nremises constitutin� the hazardous site until the nremi SP� buildin�_ ar structure is in comnliance with all nrovisions of this i code. Section 7-605. CRIMINAL PENALTIES. A nerson violatine anv nrovision of this section or anv nerson who removes. destrovs or defaces warnin�s nosted on nremises bv the Public Health Official nursuant to this chanter shall be �uiltv of a I misdemeanor. ORDINANCE NO. A7-�1'� Section 5. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this lOth day of Mar 1997. A--cf�tQ.a�O Mayor ATTEST: City Clerk Date of Publication Februarv 19 7 997 and March 19 1997 Effective Date A�ril l� 1997 (Brackets indicate matter to be deleted, underline indicates new matter.)