HomeMy WebLinkAbout1996 12-09 CCP Joint Session with Planning Commission AGENDA
PLANNING COMMISSION /CITY COUNCIL
DECEMBER 9, 1996
SPECIAL JOINT SESSION ON ADULT USES
1. Call to Order
2. Roll Call
3. Introduction of Adult Uses Topic - Mike McCauley, City Manager
4. Legal Overview of Local Regulation of Adult Uses - Jim Thomson, Kennedy & Graven
Law Firm
5. Overview of Brooklyn Center Ordinance
a. Moratorium
b. Current Zoning
c. Options
1. Do Nothing
2. Restrictions
3. Special Zones
6. Discussion
7. Adjourn
REGULATION OF ADULT USES
I. What is an adult use?
A. An adult use is typically a business that generates revenue by featuring material, whether books, live
dancing, magazines or motion pictures, that depict specified sexual activities.
II. Why do adult businesses enjoy greater protection than other businesses?
A. Courts have concluded that certain adult businesses are protected by the First Amendment. Therefore,
the law governing the First Amendment must be followed.
B. Obscenity is a crime and is not protected by the First Amendment.
III. How can adult uses be regulated?
A. The primary ways that adult uses dealing in non - obscene material can be regulated are zoning
regulations, licensing ordinances, public decency laws, health ordinances, liquor ordinances and "harmful
to minors" laws.
B. In order to regulate by either zoning or licensing, a municipality must conclude that such businesses
create adverse secondary effects, such as neighborhood blight, diminished property values and increased
crime.
C. Adult uses cannot be regulated by zoning or licensing on the basis of the material that they sell, but only
on the effect that such businesses have on the surrounding area.
D. Municipalities do not need to conduct their own adverse secondary effects studies. They can rely on
studies performed by other cities, provided that the studies are reasonably related to the problem that the
city is trying to address.
IV. Types of zoning regulations
A. Courts have upheld two basic types of zoning regulations - dispersal regulations and concentration
regulations.
B. Under concentration regulations, adult businesses are concentrated in a specific area of the city.
C. Under dispersal regulations, adult uses cannot be a specified distance from certain protected uses, such
as churches, schools, day care centers and other adult uses.
D. A city must allow a reasonable opportunity area in the city for adult uses to locate.
V. Licensing
A. Licensing regulations must be narrowly drawn and establish precise guidelines for the issuance of the
license.
B. Ordinances must also establish specified time frames in which the license application will be reviewed.
C. Once adopted, licensing regulations give the city little discretion on whether to issue a license.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25th day of November. 1996,
at 7 p.m. or as soon thereafter as the matter may be heard at the Citv Hall, 6301 Shingle
Creek Parkway, to consider an amendment to Ordinance Number 95 -02, as extended by
Ordinance Number 96 -04, regarding adult establishments.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO. 96_2
Al ORDINANCE AMENDING ORDINANCE NO. 95 -02, AS EXTENDED
BY ORDNANCE NO. 96-4, EXTENDING THE MORATORIUM ON THE
SITING OF ADULT ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Background
1.01 On March 27, 1995, the City Council adopted Ordinance No. 96 -02 entitled, AN
ORDINAiNCE PLACNG A MORATORIUM ON THE SITNG OF ADULT
ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF
BROOKLYN CENTER: AND DIRECTNG A STUDY TO BE CONDUCTED.
which ordinance was extended by Ordinance No. 96 -04.
1.02 The City Council finds that additional time is needed to complete the study provided
for in Ordinance No. 95 -02 and that an extension of said ordinance is necessary 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 the study is completed
and any modifications to the city's zoning and land use regulations are adopted.
Section 2. Amendment
Section 6 of Ordinance No. 95-02, as amended by Ordinance No. 96 -04• is amended
as follows:
This ordinance shall remain in effect tintil- r'�5 ear 39, 1. until
March 30. 1997 or until such earlier time as said ordinance shall be
revoked or other-.vise amended.
ORDINANCE N0. 96 -20
Section 3. This ordinance shall be effective after adoption and thirty days following its
legal publication.
Adopted this 25th day of :November 1996.
J Mayor
ATTEST: � aai,6 n h
City Clerk
Date of Publication Nov mh r 6, 19 96, and l ecerwer 4, 1996
Effective Date January 3. 1997
(Brackets indicate matter to be deleted, underline indicates new matter.)
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CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 27th day of March, 1995,
at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider an amendment to Chapter 23 of the City Ordinances regarding
alarm systems.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO. 95 —n?
AN ORDINANCE 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
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
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 N[innesota/Olmstead County Planning Department "Adult Entertainment Report"
dated IN - larch 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 sexualiv
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 cl - i nes in particular), lowered property values, Increased
transiency, and decreased stablilty or ownersnlp;
ORDINANCE NO. 95 -02
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;
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;
;. 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 Brooklvn 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.
1.0`. 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 classi .cation of such uses, there are a number of
significznt planning and land use issues pert:uning to the regulation of such uses,
including the following:
ORDINANCE N0. 95 -02
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.
c. The effect of such uses on other uses in the surrounding area.
1.08. There is a need for a stud to be conducted so that the City Y 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. 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 underrtalen.
1.11. Minnesota Statutes Section 462.355, Subd. 4, permits the adoption of interim zoning
ordinances during the planning process.
1.12. The City Council finds that the adoption of this emergency ordinance is necessary for
the immediate preservation of the public peace, health, morals, safety, and welfare
pursuant to Brooklyn Center City Charter, Section 3.06.
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 205a 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
3
ORDINANCE NO. 95 -02
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
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"
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 deoicdng, descinibin` or relating to "specified sexual
• ORDINANCE N0. 95 -02
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
areas ".
i. 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 ".
j. 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 -ope ated 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
" soecifed 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 - Noveity Business: A business which has as a principal
activity the sale of devic.-s which stimulate human genitals or devices
which are designed for sexual stimulation.
ORDINANCE NO. 95 -02
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
sexual activities" or "mecihed anatomical areas ".
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
it anatomical areas ".
2.03. 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.
2.04. Specified Sexual Activities.
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 or a sexual relationship, or
the use or excretory functions in the context of a sexual relationship, and
any of the following sexually- orented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophiiia, piquerism, sapphism, zoeerasty; or
b. Cleariv depicted human genitals in the state or sexual stimulation, arousal
or tumescence; or
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation: or
6
ORDINANCE NO. 95 -02
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.
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, matter is to be considered by the Planning
P Y�
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 230 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.
Section . Enforcement
The City may enforce any provision of this ordinance by mandamus, injunction, or any other
appropriate civil remedy in any court of competent jurisdiction.
7
ORDINANCE NO. 95 -02
Section 5. Seoambility.
Every section, provision or part of this ordinance 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 any other section, provision, or part of this ordinance.
Section 6. Duration
This ordinance shall remain in effect for one year from the date of its effective date or until
such earlier time as said
d ord nance shall be revoked or otherwise e se amended.
Section 7. Effective Date
This ordinance shall take effect thirty (30) days after the date of its publication.
Adopted this 2 7th day of Mare 1995.
(� Mayo?
ATT EST:
Deputy Clerk
Date or Publication March 8, 1995 a r_d Acri1 5, 1995
Effective Date M.av 5, 1995
s
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25th day of November, 1996,
at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall. 6301 Shingle
Creek Parkway, to consider an amendment to Ordinance Number 95-02, as extended by
Ordinance Number 96 -04, regarding adult establishments.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 - 3300 to make arrangements.
ORDINANCE NO. 96_2
AN ORDINANCE AMENDING ORDIN, NO. 95-02, AS EXTENDED
BY ORDINANCE NO. 96-4, EXTENDING THE MORATORIUM ON THE
SITING OF ADULT ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Background
1.01 On March 27. 1995 the City c
Cou ' -_
Council adopted Ordinance No. 9�
P 02 entitled, AN
ORDINANCE PLACNG A MORATORIUM ON THE SITING OF ADULT
ESTABLISHINIENTS WITHN ANY ZONNG DISTRICT OF THE CITY OF
BROOKLYN CENTER, AND DIRECTNG A STUDY TO BE CONDUCTED,
which ordinance was extended by Ordinance No. 96 -04.
1.02 The City Council finds that additional time is needed to complete the study provided
for in Ordinance No. 95-02 and chat an extension of said ordinance is necessary 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 am the benefits
of the city's Comprehensive Plan and Zoning Ordinance until the study is completed
and any modifications to the city's zoning and land use regulations are adopted.
Section 2. Amendment
Section 6 of Ordinance No. 95-02, as amended by Ord' -
Ordinance No. 96 04, is amended
as follows:
This ordinance shall remain in effect ttnttl - ,re e-nber 39, ,gig until
March 30. 1997 or until such earlier time as said ordinance shall be
revoked or otherwise amended.
ORDINANCE NO. 96 -20
Section 3. This ordinance shall be effective after adoption and thirty days following its
publication.
ublication.
..
Adopted this 25th day of November , 1996.
J Mayor
ATTEST. V 0a /t Xilnl,t C.
City Clerk
Date of Publication November 6, 19 96, and December 4, 1996
Effective Date January 3, 1997
(Brackets indicate matter to be deleted, underline indicates new matter.)