The purpose of this chapter is to establish provisions for the opportunity as well as controls of sexually oriented uses within the city. (Ord. 674, sec. 1, 7-17-2000)

"Sexually oriented uses" as defined in this chapter shall be subject to the following general provisions:

   A.   Activities classified as "obscene" as defined by Minnesota statutes section 617.241 are not permitted and are prohibited.

   B.   Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

   C.   Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages.

   D.   A sexually oriented use which does not qualify as an accessory use shall be classified as a sexually oriented use, principal. (Ord. 674, sec. 1, 7-17-2000)

   E.   Minnesota statutes section 617.242 shall not apply. (Ord. 820, sec. 2, 3-5-2007)

   A.   Sexually oriented uses, principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the parcel upon which the sexually oriented use, principal is located to the property line of:

      1.   Residentially zoned property.

      2.   A licensed daycare center.

      3.   A public or private educational facility classified as a preschool, elementary, junior high or senior high.

      4.   A public library.

      5.   A public park.

      6.   Another sexually oriented use, principal.

      7.   An on-/off-sale liquor establishment.

   B.   "Sexually oriented use, principal" activities, as defined by this chapter, shall be classified as one use. No two (2) sexually oriented uses, principal shall be located in the same building or upon the same property and each use shall be subject to subsection A of this section.

   C.   Sexually oriented uses, principal shall, in addition to other sign requirements established by this code, also adhere to the following signing regulations:

      1.   Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.

      2.   Shall not contain material classified as advertising.

      3.   Shall comply with the requirements of size and number for the district in which they are located. (Ord. 674, sec. 1, 7-17-2000)

   A.   Sexually oriented uses, accessory shall:

      1.   Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located.

      2.   Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation.

      3.   Not involve or include any activity except the sale or rental of merchandise.

   B.   Sexually oriented uses, accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

      1.   Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.

      2.   Magazines: Publications classified or qualifying as sexually oriented uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

      3.   Other Use: Sexually oriented uses, accessory not specifically cited shall comply with the intent of this chapter subject to the approval of the zoning administrator.

   C.   Sexually oriented uses, accessory shall be prohibited from both internal and external advertising and signing of sexually oriented materials and products.

   D.   Sexually oriented uses, accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. (Ord. 674, sec. 1, 7-17-2000)