Brooklyn Center City Zoning Code
35-2182 Adult
Establishments
35-2182Adult Establishments1)Findings and Purpose Studies conducted by the Minnesota Attorney General, the American Planning Association, and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Minnetonka, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; and Seattle, Washington have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. These impacts include increased crime rates, lower property values, increased transiency, neighborhood blight, and potential health risks. Based on these studies and findings, the 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 if adult establishments are governed by geographic, licensing, 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.2)Definitions For purposes of this section, the following terms have the meanings given them.a)"Adult Establishment" means a business where sexually-oriented materials are sold, bartered, distributed, leased, or furnished and which meet any of the following criteria:1)a business where sexually oriented materials are provided for use, consumption, enjoyment, or entertainment on the business premises;2)a business that is distinguished or characterized by an emphasis on the description or display of specified sexual activities;3)a business that is distinguished or characterized by an emphasis on the description or display of specified anatomical areas;4)an adult cabaret as defined in Section 19-1900, Subdivision 1;5)a business providing sexually oriented materials only for off-site use, consumption, enjoyment or entertainment if the portion of the business used for such purpose exceeds 25% of the retail floor area of the business or 500 square feet, whichever is less.b)"Sexually oriented materials" means visual, printed or aural materials, objects or devices that are distinguished or characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities.c)"Specified Anatomical Areas" means:1)Less than completely and opaquely covered human genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola; and2)Human male genitals in a discernable turgid state, even if completely and opaquely covered.d)"Specified Sexual Activities" means:1)Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia; piquerism; sapphism; or zooerastia;2)Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;3)Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;4)Fondling or touching of nude human genitals, pubic regions, buttocks, or female breasts;5)Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding, or other physical restraint of any person;6)Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or7)Human excretion, urination, menstruation, or vaginal or anal irrigation.3)Adult establishments may be located only as allowed by Section 35-330 of this code.4)Minnesota Statutes Section 617.242 shall not apply in the City.