Buffalo Township Wright County
City Zoning Code

ADULT USES

§ 155.135 ADULT USES OVERLAY DISTRICT (AU).

(A) Purpose. The major purposes of the Adult Uses Overlay District and the adult uses licensing and performance standards are:

(1) To provide space for the location of sexually oriented businesses in appropriately zoned districts within the land use jurisdiction of the county;

(2) To separate sexually oriented businesses from areas in which children and other persons who are particularly vulnerable to crime may be expected to frequent;

(3) To minimize the negative impact of traffic, glare and noise generated by the normal operation of sexually oriented businesses on adjacent properties; and

(4) To minimize any potential negative impact on the value and marketability of land adjacent to sexually oriented businesses.

(B) Definitions. For the purposes of this section and § 155.136 of this chapter, and in addition to the provisions of § 155.003 of this chapter, the following definitions shall apply.

(1) ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse facilities, adult enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.

(2) ADULT BOOKSTORES. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape or motion picture film if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas or the barter, rental or sale of instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities. “Substantial or significant portion of items”, for purposes of this chapter, shall mean more than 15% of usable floor area.

(3) ADULT CABARET. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

(4) ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(5) ADULT HEALTH/SPORTS CLUB. A health/sports club which excludes minor by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(6) ADULT MASSAGE PARLOR. A massage parlor which restricts minors by reason of age, or which provides the service of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(7) ADULT 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 building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

(8) ADULT 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 virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

(9) ADULT 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 or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(10) NUDE or SPECIFIED ANATOMICAL AREAS.

(a) Less than completely and opaquely covered:

1. Human genitals;

2. Pubic region;

3. Buttocks; and

4. Female breast below a point immediately above the top of the areola.

(b) Human male genitals in a discernibly turgid state, even if complete and opaquely covered.

(11) SPECIFIED SEXUAL ACTIVITIES.

(a) Human genitals in a state of sexual stimulation or arousal;

(b) Acts of human masturbation, sexual intercourse or sodomy; and

(D) The district area. The Adult Uses Overlay District shall apply to all lands within the jurisdiction of the county shown on the zoning maps and designated General Industry (I-1), Highway Business (B-1) and General Business (B-2) as of 12-31-2004. Any rezoning for the expansion of the I-1, B-1 or B-2 Districts after 12-31-2004, shall not expand the area of the Adult Uses Overlay District, unless that intent is expressly made in the amending ordinance.

(E) Prohibited uses. Adult uses shall not be established or maintained as permitted, conditional, interim, or accessory uses in any area other than those described and designated in the Adult Uses Overlay District.

(F) Adult use distance requirements.

(1) No adult use shall be located within 1,000 feet of:

(a) Any area zoned R-1, R-2, R-2a or R-3;

(b) Any school, public or private, that meets the definition in M.S. § 120A.05, subd. 9, 11, 13 and 17, as they may be amended from time to time;

(d) Any day care facility that provides for the periodic care of four or more children, while parents or guardians are absent, licensed by the county or the state; or, any residential or non-residential program, as defined in M.S. § 245A.02, as it may be amended from time to time;

(e) Any hotel or motel; and

(f) Any public park.

(2) Distances shall be measured from the nearest point of the property line where the adult use establishment is located to the nearest property line of one of the above listed facilities, or to the nearest boundary of the indicated residential district, whichever is greatest.

(G) Amortization of non-conforming uses. Adult uses legally established prior to the enactment of this chapter provision shall be permitted and regulated as non-conforming uses until 12-31-2007 at which time said uses shall be unlawful.

(H) Additional requirements and restrictions.

(1) Additional requirements. The requirements and standards of this section shall apply to all adult uses in the Adult Overlay Zoning District. These requirements and standards are in addition to those of the underlying I-1, B-1 and B-2 Zoning Districts. Minimum setbacks from roads, building bulk limitations, as well as minimum lot and building dimensions shall be determined by referring to the specific standards set forth in the underlying zoning district. In the event of a conflict between provisions listed in this section and those listed in other appropriate sections of this chapter, the more restrictive provisions shall apply.

(2) Alcohol. Alcoholic beverages shall not be provided, sold, purchased or consumed at any adult establishment where adult uses exist, as defined in division (B) above, nor within 500 feet of the building or structure housing said adult use.

(3) Licensing. The licensing provisions of § 155.136 of this chapter apply to adult uses as specified.

(Ord. 23-1, passed 5-2-2023)

§ 155.136 ADULT USES LICENSING AND PERFORMANCE STANDARDS.

(A) Hours of operation. No adult uses may be open to the public between the hours of 10:00 p.m. and 8:00 a.m.

(B) Performance standards for adult cabarets.

(1) No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude. Nude shall be applied in this section as it is defined at § 155.135 of this chapter.

(2) No dancer, live entertainer, performer, patron or any other person shall be nude in an adult cabaret.

(3) The owner, operator or manager of an adult cabaret shall provide the following information to the county concerning any persons who dance or perform live entertainment at the adult cabaret: the persons full name including all previously used legal names, home address, home telephone number, date of birth and any presently or previously used aliases.

(4) No dancer, live entertainer or performer shall be under 18 years old.

(5) All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet from the level of the floor.

(6) No dancer or performer shall perform any dance or live entertainment closer than ten feet to any patron.

(7) No dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer.

(8) No patron shall pay or give any gratuity to any dancer or performer.

(9) No dancer or performer shall solicit any pay or gratuity from any patron.

(1) No person shall own or operate an adult use establishment without having first secured a license as provided for in this section. Notwithstanding any other provision of this code to the contrary, the procedures set forth in this section establish the exclusive method for obtaining an adult establishment license.

(2) The application for an adult use establishment license shall be submitted on a form provided by the county and shall include:

(a) 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;

(b) The name, address, phone number and birth date of the operator and manager of such operation, if different from the owners;

(d) A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity or the operation of an adult establishment or adult business 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 five percent 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;

(e) The activities and types of business to be conducted;

(f) The hours of operation;

(g) The provisions made to restrict access by minors; and

(h) A building plan of the premises detailing all internal operations and activities.

(3) If an application form is not available from the county, on request at the time of applying, the applicant may provide the information in letter form so long as it is complete.

(D) License fee.

(1) An annual license fee for an adult establishment shall be set from time to time by resolution of the County Board. Commencing with the enactment of this chapter section, the fee shall be as specified herein.

(2) Each application for a license shall be submitted to the County Sheriff, and payment made to the county. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the county shall refund the license fee.

(3) All licenses shall expire on the last day of December in each year. Each license shall be 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 shall be counted as one month.

(4) No part of the fee paid by any license shall be refunded; except that, pro rata portion of the fee shall be refunded in the following instances upon application to the County Zoning Administrator within 30 days before the expiration of the license:

(a) Destruction or damage of the licensed premises by fire or other catastrophe;

(b) The licensee’s illness;

(d) A change in the legal status making unlawful for licensed business to continue.

(5) Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of 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 shall be brought to the attention of the County Board by the applicant(s) or licensee. If said changes take place during the investigation, said data shall be provided to the Sheriff’s Department or the County Board in writing. Failure to report said changes by the applicant(s) or the licensee may result in a denial or revocation of a license.

(E) Investigative fee.

(1) Upon applying for the license, an investigative fee shall be required for each application submitted to the county. The investigative fee amount shall be set from time to time by resolution of the County Board. Commencing with the enactment of this chapter section, the fee shall be as specified herein.

(2) If it appears that the investigative costs will exceed the amount set forth herein, the Sheriff or the County Zoning Administrator shall notify the applicant and give the applicant an estimate of costs. The applicant shall either make an additional deposit equal to the difference or shall withdraw the application. If the additional deposit is not paid within 14 days, the application shall be deemed withdrawn.

(3) If the costs of administration, issuance and investigation are less than the additional deposit, the balance shall be refunded upon the issuance or denial of the license. No license shall be issued until the applicant has paid the entire cost of administration, including required license fees and investigative fees.

(F) Granting of license.

(1) The County Board, or such persons as they shall designate, shall complete their investigation within 45 days after the Board receives a complete application and all license and investigative fees.

(2) If the application is for a renewal, the applicant shall be allowed to continue business until the Board has determined to renew or refuse 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 section, then the license shall be issued by the County Board within the requirements of M.S. § 15.99, as it may be amended from time to time.

(4) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premise without the approval of the County Board. If the licensee is a partnership or a corporation, a change in the identity of the principals of the partnership or corporation shall be deemed a transfer of the license. All adult establishments existing at the time of the adoption of this section shall be required to obtain an annual license.

(G) Persons ineligible for license. No license shall be granted to or held by any person:

(1) Under 21 years of age;

(2) Who is overdue or whose spouse is overdue in their payment to any unit of government for taxes, fees, fines or penalties assessed against them or imposed upon them;

(3) Who has been convicted or whose spouse has been convicted of a gross misdemeanor or felony relating to sex offenses, obscenity offenses or adult establishments in any jurisdiction within the past five years;

(4) Who has been convicted or whose spouse has been convicted of a misdemeanor under state law or local ordinance, or of violating any equivalent law of this state relating to sex offenses, obscenity offenses or adult establishments within the past three years;

(5) Who is not the proprietor of the establishment for which the license is issued;

(6) Who is residing with a person who has been denied a license by the county or any other state municipal corporation to operate an adult use, or residing with a person whose license to operate an adult use has been suspended or revoked within the preceding 12 months; and/or

(7) Who has not paid the license and investigative fees required by this section.

(H) Places ineligible for license.

(1) No license shall be granted for adult uses on any premises where the applicant or any of its officers, agents or employees has been convicted of a violation of this section, or where any license hereunder has been revoked for cause, until one year has elapsed after such conviction or revocation.

(2) No license shall be granted for any adult use which is not in full compliance with all the provisions of this chapter, the Building Code, the Fire Code, the county’s health regulations and all provisions of state and federal law.

(I) Conditions of license. Every license shall be granted subject to the following conditions.

(1) All the provisions of this section shall be followed, and all applicable sections of this chapter, the Building Code, the Fire Code, the county’s health regulations and other specific provisions of county, state and federal law.

(2) No minor shall be permitted on the licensed premises.

(3) Any designated inspection officer of the county shall have the right to enter, inspect and search the premises of a licensee during business hours.

(4) Every licensee shall be responsible for the conduct of their place of business and shall maintain conditions of order.

(5) No adult goods or material services shall be offered, sold, transferred, conveyed, given, displayed or bartered to any minor.

(J) Penalty.

(1) Any person violating any provision of this section is guilty of a misdemeanor and is subject to all the applicable provisions of § 155.999 of this chapter.

(2) Any violation of this section shall be a basis for the suspension or revocation of any license granted hereunder. In the event that the County Board proposes to revoke or suspend the license, the licensee shall be notified in writing of the basis for such proposed revocation or suspension. The Board shall hold a hearing for the purpose of determining whether to revoke or suspend the license, which hearing shall be within 30 days of the date of the notice.

(3) The County Board of Commissioners shall determine whether to suspend or revoke a license within 30 days after the close of the hearing or within 60 days of the date of the notice, whichever is sooner, and shall notify the licensee of its decision within that period.

(K) Right of appeal.

(1) In the event that the Ccounty Board determines to suspend, or revoke a license, such suspension or revocation shall 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 Board’s action, then the suspension or revocation shall be stayed until the conclusion of such action.

(2) If the County Board 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 that 15 days for the purpose of determining whether the county acted properly, the licensee may continue in business until the conclusion of the action.

(3) If the County Board decides not to grant a license to an applicant, then the applicant may commence an action in state or federal court within 15 days for the purpose of determining whether the county acted properly. The applicant shall not commence doing business unless the action is concluded in its favor.

(4) Additionally, any taxpayer or citizen may proceed with any action provided for in § 155.999 of this chapter.

§ 155.999 PENALTY.

(A) Violations.

(1) In the event of a violation or a threatened violation of this chapter, the County Board, or any member thereof, in addition to other remedies, may request the County Attorney to institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations, or threatened violations.

(2) Any taxpayer or taxpayers of the county may institute mandamus proceedings in the District Court to compel specific performance by the proper official or officials of any duty required by this chapter.

(3) Any person, firm, corporation or other entity who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine and/or by imprisonment as set forth in M.S. § 609.03, as it may be amended from time to time. Each day that a violation continues shall constitute a separate offense.

(4) Any person, firm, corporation or other entity who aids, abets, counsels or assists another in the commission of any of the acts prescribed in division (A)(3) above, whether acting as an employee, servant, agent or otherwise, shall be guilty of a misdemeanor. Any property owner who permits any person, firm, corporation or other entity to commit any of the acts prescribed in division (A)(3) above shall be guilty of a misdemeanor.

(5) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall investigate the situation and document the nature and extent of the violation of the official control. In the case of violations of the Floodplain Overlay District (§ 155.056 of this chapter), as soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources’ and Federal Emergency Management Agency Regional Office along with the community’s plan of action to correct the violation to the degree possible.

(6) The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted. If the construction or development is already completed, then the Zoning Administrator may either:

(a) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or

(b) Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.

(7) It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure unless the use of the building or land conforms to the requirements of this chapter.

(8) All permits, variances, interim use permits, and conditional use permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.

(9) Applications for any permit may be denied by the Zoning Administrator if the land upon which the permit application is made is subject to any of the following conditions:

(a) A non-conforming sewage treatment or disposal system exists on the property; this requirement is mandated in shoreland areas;

(b) The property is part of a subdivision or conveyance which does not comply with the provisions of this chapter or Ch. 154 of this code of ordinances; or

(10) The Zoning Administrator shall provide the applicant with a written statement setting forth with reasons for said denial and the actions necessary to correct the problem. The applicant may appeal said denial to the Board of Adjustment.

(B) Recording conveyances.

(1) A copy of all instruments which convey real estate where the land lies within the jurisdiction of this chapter shall be submitted by the County Recorder to the Zoning Administrator for review after recording pursuant to M.S. § 394.37, subd. 1, as it may be amended from time to time. The following conveyances need not, however, be submitted.

(a) The re-conveyance of a lot of record, as defined herein.

(b) The conveyance of any tract which does not involve or result in the subdivision of any existing tract.

(2) The Zoning Administrator shall examine those instruments of conveyance submitted by the County Recorder to determine whether the conveyance complies with this chapter. If the conveyance does not comply with this chapter, the Zoning Administrator shall notify the parties to the conveyance of the violation or potential violation and may institute appropriate action to enforce compliance. Failure of the Zoning Administrator to provide such notice shall not be construed to indicate approval of any conveyance.

(C) Application to county personnel. The failure of any officer or employee of the county to perform any official duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for such failure.

(D) Notice of violation. The county shall provide a written notice to the property owner or to any person responsible for such violation, identifying the property in question, indicating the nature of the violation, and ordering the action necessary to correct it, including a reasonable time period to remedy the violation. Additional written notices may be provided at the discretion of the enforcement official or the Zoning Administrator. Where the violation involves work being done contrary to the provisions of this chapter, the Zoning Administrator may order the work stopped. No further work shall be undertaken while a stop-work order is in effect. Failure to comply with a stop-work order is a crime.

(E) Enforcement without notice. Whenever the county finds that an emergency exists in relation to the enforcement of the provision of this chapter which requires immediate action to protect the health, safety or welfare of occupants of any structure, or the public, the county may seek immediate enforcement without prior written notice, notwithstanding any other provision of this chapter.

(F) Conditional use permit or interim use permit revocation.

(1) In general. The Zoning Administrator shall have the authority to recommend revocation of a conditional use permit or interim use permit to the Planning Commission when the Zoning Administrator has determined that the terms of such approval have been violated, subject to divisions (D) and (E) above.

(2) Revocation hearing. The Planning Commission shall hold a public hearing to determine whether there has been a violation of the conditional use permit or interim use permit and whether the conditional use permit or interim use permit shall be revoked or amended. Not less than ten days before such public hearing, the Zoning Administrator shall mail notice of the hearing to any person responsible for such violation, the owner(s) of record of the subject property, and all other person and entities as required in § 155.029(C)(3). The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.

(Ord. 23-1, passed 5-2-2023; Ord. 23-4, passed 12-19-2023)