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Adult Use Ordinance

City of Askov

Ordinance No. 511 and 512

(Chapter V, Parts 11 and 12)

 

 

 

AN ORDINANCE PROVIDING FOR THE REGULATION OF ADULT ESTABLISHMENTS AND PREMISES CONDUCIVE TO HIGH RISK SEXUAL CONDUCT, PROVIDING FOR THE ISSUANCE OF LICENSES AND THE COLLECTION OF FEES THEREFOR, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AMENDING CHAPTER V OF ASKOV CITY CODE BY ADDING PARTS 11 and 12.

 

THE CITY COUNCIL OF THE CITY OF ASKOV ORDAINS:  

Askov City Code, Chapter V is amended by adding new Sections 511 and 512 to read:

  511.01    Purpose and Intent.  Subdivision 1.  Findings.  Studies conducted by the Minnesota attorney general, the American Planning Association and cities such as St. Paul; Indianapolis; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; and Seattle, Washington have surveyed the impacts that adult establishments have in those communities.  These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods.  Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and findings the Askov City Council concludes: 

A.     Adult establishments have adverse secondary impacts of the types set forth above.

B.      The adverse impacts caused by adult establishments tend to diminish the quality of life in the community unless the adult establishments are governed by locational requirements, licensing requirements and health requirements.

C.     It is not the intent of the city council to prohibit adult establishments from having a reasonable opportunity to locate in the city.

D.    Minnesota Statutes, Section 462.357 allows the city to adopt regulations to promote the public health, safety, morals and general welfare.

E.     The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments.

  Subdivision 2.  The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material including the adult-oriented materials.  Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of adult-oriented entertainment to their intended market.    

511.02    Definitions.  The following terms have the meanings given them below.  

Subdivision 1.  Adult Establishment:  A business engaged in any of the following activities or a business which utilizes any of the following business procedures or practices:  

A.    A business, except businesses holding liquor licenses from the city, that is conducted exclusively for the patronage of adults and from which minors are specifically excluded from patronage either by operation of law or by the owners of such business. 

B.     Any business that has:

    1. At least 30% of its inventory stock in trade or publicly displayed merchandise; or  At least 30% of the floor area of the business (not including storerooms, stock areas, bathrooms or any portion of the building not open to the public devoted to items, merchandise or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing or relating to “specified sexual activities” or “specified anatomical areas”; or
  1.  Any adult use as defined in Subdivision 2 of this section.

  Subdivision 2.  Adult Use:  An adult use is any of the activities and businesses described below:

  A.    Adult body painting studio:  an establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent, to the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas.”

B.     Adult bookstore:  An establishment, building or business engaging in the barter, rental or sale of items or merchandise consisting of printed materials, pictures, slides, records, audiotapes, videotapes, computer or video disks, motion picture film, or any other similar materials, if such a shop is not open to the public generally but only to one or more classes of the public, excluding any minor because of age, if more than 30% of the floor area of the establishment, building, or business (not including the storeroom, stock areas, bathrooms or any portion of the business not open to the public) or if at least 500 square feet, whichever is smaller, has products or materials distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or specified anatomical areas.”

C.    Adult cabaret:  An establishment, building or business that provides dancing or other live entertainment, if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas.”

D.    Adult car wash.  A wash facility for any type of motor vehicle that allows employees, agents, independent contractors or persons to appear in a state of partial or total nudity in terms of “specified anatomical areas.”

E.     Adult companionship establishment:  An establishment or business if such establishment excludes minors because of age, or 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 or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

F.     Adult entertainment facility:  A building or space in which an admission is charged for entrance, or food or nonalcoholic beverages are sold or intended for consumption, and in which may be observed live presentation of entertainment distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

G.    Adult hotel or motel:  A hotel or motel from which minors are specifically excluded from patronage and in which material is presented that is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

H.    Adult massage parlor, health/sport club:  A massage parlor or health/sport club that restricts minors because of age, which provides the services or massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

I.       Adult mini-motion picture theater:  A business, building or establishment in an enclosed building with a capacity for less than 50 persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons.

J.      Adult modeling studio:  An establishment or business 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, which models engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or other wise depicted by such customers.

K.    Adult motion picture arcade:  Any building or place to which the public is allowed or invited in which coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projector computers, or other image-producing devices that show images to five or fewer persons per machine at once, and there the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

L.     Adult motion picture theater:  A business premise within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons.

M.    Adult novelty business:  A business that has at least thirty percent (30%) of its floor area devoted to the sale of materials or devices that stimulate human genitals or devices designed for sexual stimulation or which depict or relate to “specified sexual activities” or “specified anatomical areas.”

N.    Adult sauna/steam room/bathhouse:  A sauna/steam room/bathhouse that excludes minors because of age or which provides a steam bath or heated bathing room used for bathing, pleasure, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna/steam room/bathhouse is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

  Subd.  3.  Minor:  Any natural person under the age of 18 years.

  Subd.  4.  Nudity:  The showing of the human male or female genitals or pubic area with less than a fully opaque covering.  The showing of the female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola, or the depiction or showing of the covered male genitals in a discernibly turgid state.

  Subd.  5.  Public library:  Any library that provides free access to residents of a city or county without discrimination and is organized under the provisions of Minnesota Statutes, Chapter 134.

  Subd.  6.  Public park:  A park, reservation, open space, playground, beach, or recreation or community center in the city used wholly or in part by the city, county, state, school district, or federal government for recreation purposes.

  Subd.  7.  Place of worship:  A building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.

  Subd.  8.  School:  A building or space that is principally used as a place where 25 or more persons receive a full course of educational instruction.

  Subd.  9.  Specified anatomical areas:  Anatomical areas consisting of less than completely and opaquely covered human genitals, pubic region or pubic hair, buttocks, anus or female breasts below a point immediately above the top of the areola or any combination of the forgoing, and the human male genitals in a discernibly turgid state, even if completely and opaquely covered.

  Subd.  10.  Specified sexual activities:  Activities consisting of the following:  

  1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or fondling of unclothed genitals, pubic region, buttocks or female breasts, flagellation or torture in a sexual relationship, or the use of excretory functions in the context of a sexual relation, and any of the following sexually-oriented acts or conduct;  anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasfia.
  2. Human genitals in a state of sexual stimulation, arousal or tumescence; or
  3. Use of human or animal ejaculation, sexual intercourse, sodomy, oral copulation, coitus or masturbation; or
  4. Fondling or touching of human genitals, pubic region, buttocks, or female breasts; or
  5. Situation 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
  6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
  7. Human excretion, urination, menstruation, vaginal or anal irrigation or
  8. Any combination of the above.

  Subd. 11.  Licensed Family Day Care Home, Licensed Child Care Center.  A facility holding a license from the State of Minnesota pursuant to Minnesota Statutes, chapter 245A or Minnesota Rules Chapter 9502 or Chapter 9503, as amended.  

511.03.     Hours of Operation:  An adult establishment may not be open to the public between the hours of 1:00 a.m. and 10:00 a.m.  

511.04.    Location:  Adult establishments are permitted only in the zoning districts not zoned for or reserved for residential purposes or activities, subject to the following conditions:  

Subdivision 1.  An adult establishment may not be located closer than 1000 feet from any other adult establishment in the city.  Measurements are to be made in a straight line without regard to city boundaries, intervening structure or objects, from the nearest point from the actual business premise of the adult establishment to the nearest point of the actual business premise of any other establishment.

  Subd. 2.   An adult establishment may not be located closer than 1000 feet from any residential lot line, place of worship, school, public park, open space, licensed family day care home, licensed group day care home, public library, licensed child care or day care center in the city.  Measurements shall be made in a straight line without regard to city boundaries, intervening structure or objects, from the nearest point of the actual business premise of the adult establishment to the nearest property line of the premises or building used as a dwelling or residence, place of worship, school, public park, open space, licensed family day care home, licensed group day care home, public library, licensed child care or day care center.

  Subd. 3.  An adult establishment may not be located closer than 1000 feet from any residential lot line, any residential zoning district or any residential planned unit development in the city.  Measurements shall be made in a straight line without regard to city boundaries, intervening structure objects, from the nearest point of the actual business premise of the adult establishment to the nearest residential lot line, boundary of the residential zoning district or residential planned unit development.  

511.05.     License required.   A person may not own or operate an adult establishment without having first secured a license as provided for in this subsection.  

Subdivision 1.  Application.  The application for an adult establishment must be submitted on a form provided by the city and must include:

  If the applicant is an individual, the name, residence, phone number and birth date of the applicant.  If the applicant is a partnership, the name, residence, phone number and birth date of each general and limited partner.  If the applicant is a corporation, the names, residences, phone numbers and birth dates of all those persons holding more than 5% of the issued and outstanding stock of the corporation.

  1. The name, address, phone number and birth date of the operator and manager of such establishment, if different from the owners.
  2. The address and legal description of the premises where the adult establishment is to be located.
  3. A statement dealing with any gross misdemeanor, felony or convictions relating to sex offenses, obscenity or the operation of an adult establishment by the applicant, operator or manager, and whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in other communities.  In the case of a corporation, a statement detailing any felony convictions by the owners of more than 5% of the issued and outstanding stock of the corporation and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities.
  4. The activities and types of business to be conducted.
  5. The hours of operation.
  6. The provisions made to restrict access by minors.
  7. A building plan of the premises, detailing all internal operations and activities.

  Subd. 2.  License fee.

  The annual license fee is the mount fixed for such license in the city’s fee schedule, Appendix I.

  1. An application for a license must be submitted to the city clerk and the fee payment made to the city.  An application for a license must be accompanied by payment in full of the required license fee.  Upon rejection of any application for a license, the city will refund the license fee.
  2. Licenses expire on the last day of June in each year.  Licenses are issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro-rated fee.  In computing such fee, any unexpired fraction of a month is to be counted as one month.
  3. No part of the fee paid by any license may be refunded, except that a pro-rated portion of the fee shall be refunded in the following instances upon application to the city clerk within 30 days from the happening of the event, provided that such event occurs more than 30 days before the expiration of the license.
    1. Destruction or damage of the licensed premise by fire or other catastrophe.
    2. The licensee’s illness.
    3. The licensee’s death.
    4. A change in the legal status making it unlawful for a licensed business to continue.
  1. An application must contain a provision on the application in bold print indicating that any withholding of information or providing a false or misleading information will be grounds for denial or revocation of a license.  Any changes in the information provided on the application or provided during the investigation must be brought to the attention of the city council by the application or licensee.  If said changes take place during the investigation, said data must be provided to the city’s law enforcement agency in writing and they shall report the changes to the city council.  Failure to report said changes by the applicants or the licensee may result in a denial or revocation of a license.

  Subd.  3.   Investigative fee.  The investigative fee for an adult use establishment or sexually oriented business is to be determined as follows:  

  1. Upon applying for the license, the applicant must pay the amount indicated in the city’s fee schedule per person identified on the application as an owner, operator or manager.
  2. If it appears that the investigative costs will exceed the amount indicated in the fee schedule, the city clerk will notify the applicant and give the applicant an estimate of costs.  The applicant must either (i) make an additional deposit equal to the difference between the fee schedule indicated amount and the total estimate, or (ii) withdraw the application.  If the additional amount is not paid within 14 days, it will be deemed withdrawn.

  Subd.  4.  Review of license application.  

  1. The law enforcement agency must complete the investigation within 30 days after the clerk receives the complete application and all license and investigative fees.
  2. If the application is for a renewal, the applicant will be allowed to continue business until the council has determined to renew or refused to renew a license.
  3. If, after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this subsection, then the license must be issued by the City Council within 30 days after the investigation is completed.  Otherwise the license will be denied
  4. A license is issued to the applicant only and is not transferable to another holder.  Each license will be issued only for the premise described in the application.  A license may not be transferred to another premise without the approval of the City Council.  If a license is a partnership or corporation, a change in the identity of any of the principals of the partnership of the corporation will be deemed a transfer of the license.

  Subd.  5.  Persons ineligible for license.  A license will not be granted to or held by any person:

  Under 21 years of age.

  1. Who is overdue or who has a spouse that is overdue in payment to the city, county, or state of taxes, fees, fines or penalties assessed against either of them or imposed upon either of them.
  2. Who has been convicted, or whose spouse has been convicted, of a gross misdemeanor or felony or has violated any law of this state or local ordinances relating to sex offenses, obscenity offenses or adult establishment.
  3. Who is not the proprietor of the establishment for which the license is issued.
  4. Who is residing with a person who has been denied a license by the city or any other Minnesota municipality corporation to operate an adult use establishment or sexually oriented business, or who is residing with a person whose license to operate an adult use establishment or sexually oriented business has been suspended or revoked within the preceding 12 months.
  5. Who has not paid the license and investigation fees required by this subsection.

  Subd. 6.  Places ineligible for license.  

  1. A license will not be granted for adult establishments on any premises where the applicant or any of its officers, agents or employees has been convicted of a violation of this subsection, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation.
  2. A license will not be granted for an adult establishment that is not in full compliance with this code, the city zoning ordinance, the building code, the fire code, the city’s health regulation and all provisions of state and federal law.

  Subd. 7.   Conditions of license.  

  1. A license must be granted subject to the following conditions and provisions of this subsection and of any applicable sections of the city code, city zoning ordinance, building code, fire code and city health regulations and all provisions of state and federal law.
  2. Licensed premises must have the license posted in a conspicuous place at all times.
  3. A minor may not be permitted on the licensed premises.
  4. Any designated inspection officer of the city may enter, inspect and search the premise of a licensee during business hours.
  5. A licensee is responsible for the conduct of the licensed business and must maintain conditions of order.
  6. Adult goods or material services may not be offered, sold, transferred, displayed, given, conveyed or bartered to a minor.
  7. Merchandise or pictures of the products or equipment sold or conducted on the premises may not be displayed in the window areas or in any area where they can be viewed from a sidewalk in front of the building.
  8. Window areas in the licensed premise may not be covered or made opaque in any way.  Signs may not be placed in a window.  A one square foot sign may be placed on the door of the business to state the hours of operation and that admittance is to adults only.
  9. Only one adult establishment may be operated in the same building or structure.
  10. An adult establishment may not sell or dispense beer, wine or intoxicating liquors, nor may it be located in a building that contains a business that sells or dispenses beer, wine or intoxicating liquors.

 

Subd. 8.  Revocation, suspension, or non-renewal of license.  

A.    The City Council may revoke, suspend or not renew a license upon the recommendation of the city clerk that shows the licensee, its owners, manager, employee, agents or any other interested parties have engaged in any of the following conduct:

1.      Fraud, deception or misrepresentation about securing the license.

2.      Habitual drunkenness or intemperance in the use of drugs, but not limited to the use of drugs defined in Minnesota Statutes section 618.01, barbiturates, hallucinogenics, amphetamines, Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers.

3.      Conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude.

4.      Failure to follow any requirement of the ordinances of the City of Askov about sanitary and safety conditions, zoning requirements, building code requirements, or ordinances, the violation of which involves moral turpitude or failure to follow the requirements of this section.  

Subd.  9.  Right of appeal.  

A.    If the council determines to suspend or revoke a license, the suspension or revocation will not be effective until 15 days after notification of the decision to the licensee.  If within that 15 days, the licensee files and serves an action in state or federal court challenging the council’s action, then the suspension or revocation will be stayed until the conclusion of such action.

B.     If the City Council determines not to renew a license, the licensee may continue its business for 15 days after receiving notice of such non-renewal.  If the licensee files and serves an action in state or federal court within the 15 days for the purpose of determining whether the city acted properly, the licensee may continue in business until conclusion of the action.

C.    If the City council decides not to grant the license to an applicant, then the applicant may commence in action in state or federal court within 15 days for the purpose of determining whether the city acted properly.  The applicant may not commence doing business unless the action is concluded in its favor. 

511.06.    Sign restrictions.  Subdivision 1.  The following sign regulations apply to adult entertainment use and sexually oriented businesses in the city.  These regulations are to protect children from exposure to sexually oriented or shocking signs and materials, and to preserve the value of property near adult use and sexually oriented businesses.  These regulations are in addition to any other provision of the city code.  

Subd.  2.   All signs shall be flat, wall or free standing signs.  Signs may not be located on the roof or contain any flashing lights, moving elements or electronically or mechanically changing messages.  

Subd.  3.  The city’s sign regulation for the zoning district where the business is located regulate the amount of allowable sign area and the number of allowed signs for an adult use or sexually oriented business.  

Subd.  4.  Merchandise, photos or picture of the products or entertainment on the premises may not be displayed in window areas or in any area where these items can be viewed from the sidewalk or public right of way adjoining the building or structure in which the adult entertainment use or sexually oriented business is located.  

Subd.  5.  Signs may not be placed in a window.  A one-foot square sign may be placed on the door to state hours of operation and admittance to adults only.  

511.07.    Penalty.  Subdivision 1.  A person violating any provision of this section is guilty of a misdemeanor and upon conviction may be punished not more than the maximum penalty for a misdemeanor as prescribed by state law and this code.  

Subd.  2.  A violation of this section is a basis for the suspension or revocation of a license granted hereunder.  If the City Council proposed to revoke or suspend a license, the licensee must be notified in writing of the basis for such proposed revocation or suspension.  The council must hold a hearing for the purpose of determining whether to revoke or suspend the license which hearing must be within 30 days of the date of the notice.  

512              Premises conducive to high risk sexual conduct.  

512.01    Purpose.  The purpose of this section is to prescribe regulations governing commercial premises, buildings and structures that are conducive by virtue of design and use to high risk sexual conduct which can result in the spread of sexually transmitted diseases to persons frequenting such premises, buildings and structures.

512.02    Findings of the City Council.  Subdivision 1.  The City Council makes the following findings regarding the need to regulate premises, buildings and structures that are conducive to the spread of communicable diseases of danger to persons in order to further the substantial interest of public health.  

Subd.  2.   The experience of other cities establishes that certain premises, buildings and structures or parts thereof, by reason of the design and use of such premises, buildings and structures, are conducive to the spread of communicable diseases of danger to persons frequenting such premises, buildings, or structures as well as to the general public, and that the risk of spreading infectious and contagious diseases can be minimized by regulating such buildings, premises, and structures.  

Subd.  3.  The experience of other cities where such premises, buildings and structures are present indicates that the risk of spreading sexually transmittable diseases such as acquired immune deficiency syndrome (AIDS) is increased by the presence of such premises, buildings and structures because the design or use of such premises, buildings or structures or parts thereof can facilitate high risk sexual conduct.  

Subd.  4.  Medical publications of the Center for Disease Control of the United States Department of Health and Human services indicate that the sexually transmittable disease of AIDS is currently irreversible and uniformly fatal.  Medical research has further established that the risk factors for obtaining or spreading AIDS are associated with high risk sexual conduct.  

512.03    Definitions.  Subdivision 1.  The following words and phrases when used in this section shall have the following meanings, unless the context indicates otherwise.  

Subd.  2.  Booths, stalls, or partitioned portions of a room or individual room.

(1)   Enclosures specifically offered to persons for a fee or as an incident to performing high risk sexual conduct or

(2)    enclosures which are part of a business operated on a premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures where movies or other entertainment is dispensed for a fee.  The phrase “booth, stalls, or partitioned portions of a room or individual room” does not mean enclosures which are private offices used by the owners, manager or persons employed by the premises for attending to the tasks of their employment and which are not held out to the public or members or the establishment for hire or for a fee or for the purpose of giving movies or other entertainment for a fee and are not open to any persons other than employees.  

Subd. 3.  Doors, curtains or portal partitions.  Full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosures.  

Subd.  4.  Hazardous site.  Any premise, building or structure, or any part thereof, which is the site of high risk sexual conduct as defined herein.  

Subd.  5.  High risk sexual conduct.   (1) fellatio, (2) anal intercourse and/or (3) vaginal intercourse with persons who engage in sexual acts in exchange for money.  

Subd.  6.  Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room.  Is either the absence of any entire “door, curtain or portal partition” or a door or other device which is made of clear, transparent material such as glass, Plexiglas or other similar material, meeting building code and safety standards which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure.  

Subd. 7.  Health official.  An agent or employee of the city charged with enforcement of state or local health laws.  

512.04    Public health regulations.  Subdivision 1.  A building, structure, premise, or part thereof, or facilities therein, may not be so constructed used, designed or operated in the city for the purpose of engaging in or permitting persons to engage in sexual activities which include high risk sexual conduct.

  Subd.  2.  It is unlawful to own, operate, manage, rent, lease or exercise control of a building, structure, premise, or portion thereof, in the city that contains:

A.    Partitions between subdivision of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity including but not limited to vaginal intercourse, anal intercourse, fellatio, between persons on either side of the partition.

B.      “Booths, stalls or partitioned portions of a room or individual rooms” as defined herein which had “doors, curtains or portal partitions” as defined herein unless such booths, stalls or partitioned portions of a room, or individual room have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room as defined herein.  Booths, stalls and/or partitioned portions of a room or individual room, that are so open to an adjacent public room shall be lighted in the manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity to prevent the viewing of the motion picture or other offered entertainment.  

512.05.    Exceptions. The regulations in this subsection do not apply to premises, buildings, or structures that are lawfully operating and licensed as hotels, motels, apartment complexes, condominiums, townhomes, or boarding houses which are subject to other general health and sanitation requirements under state and local law.

  512.06.    Health enforcement power.  Subdivision 1.  In exercising power conferred by this or any other section of this code relating to communicable diseases, the public health officer is to be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services which relate to the spread of infectious diseases.

  Subd.  2.  In order to ascertain the source of infection and reduce its spread, the public health official may inspect or cause to be inspected and to issue orders regarding any building, structure or premises or any part thereof which may be a site of high risk sexual conduct.  If a public health official determines that a hazardous site exists, the public health official may declare it to be a public health hazard and public health nuisance and shall then:  

A.    Notify the manager, owner or tenant of the hazardous site that the public health official has reasonable belief that the premises, building or structure is a hazardous structure as defined herein.

B.     Issue two written warnings at least ten days apart to the manager, owner, or tenant of the premises stating the specific reasons for the public health official’s opinion that the premises, building, or structure is a hazardous site as defined herein.

C.    Once such notices and warnings, have been issued, the public health official must proceed as follows:  

1.      After the manager, owner or tenant of the premises has been notified in writing as to the basis of the public health official’s determination, the manager, owner or tenant shall have ten days from the date of the last warning to request a hearing before the public health official or the public health official’s appointee for the determination as to the existence of such hazardous site.  If the manager, owner or tenant of the premises does not request a hearing with ten days of the date of the last warning notice, the public health official must then cause the premises to be posted with a warning advising the public that the premises has been declared a hazardous site; and the public health official shall cause orders to be issued to the manager, owner or tenant of the premises constituting a hazardous site to take specified corrective measures to prevent high risk sexual conduct from taking place within the premises.

2.      If the manager, owner or tenant of the premises requests a hearing, the hearing shall be held before the public health official or the public health official’s appointee at a date not more than 30 days after demand for a hearing.  After considering all evidence, the public health official or public health official’s appointee must make a determination as to whether the premises constitutes a hazardous site as defined herein and issue a decision based upon all hearing evidence presented.  If the public health official or public health official’s appointee makes a determination that the premises constitutes a hazardous site, the public health official must then issue orders to the manager, owner or tenant of the premises to take corrective measures to prevent high risk sexual conduct from taking place with the premises, and cause the premises to be posted with a warning advising the public that the premise has been declared a hazardous site.

3.      If within 30 days from issuance of orders to the manager, owner or tenant of the hazardous site, the public health official determines that such corrective measures have not been undertaken, the public health official may order the abatement of the hazardous site as a public nuisance which shall be enforced by mandatory or probationary injunction in a court of competent jurisdiction, or may secure a court order for the closure of the premises constituting a hazardous site until the premises, building or structure is in compliance with the regulations set forth in this section.

  512.07.    Criminal penalties.  A person violating any provision of this subsection, or any person who removes, destroys, or defaces warnings posted on premises by the public health official pursuant to this section is guilty of a misdemeanor.

   

  Pursuant to due call and notice thereof, Public Hearing held February 14, 2001 at 6 p.m. at the Askov Community Center.

  Above ordinance passed at Askov City Council meeting on February 14, 2001:

            Motion by Councilmember Larry Seek, second by Councilmember Tom Willie, to adopt the Adult Use Ordinance, Ordinances No . 511 and 512, Chapter V, Parts 11 and 12.  Motion carried, 5 to 0. 

  In attendance and voting:

Mayor Brad Petersen

Council members George Frederiksen, Larry Seek, Roylene Rippentrop, and Tom Willie.

 

  I certify that this is a true and accurate account of action taken by the Askov City Council on February 14, 2001.

   

Arla A Budd, City Clerk