A.   The Minnesota state attorney general prepared a report entitled "Report Of The Attorney General's Working Group On Regulation Of Sexually Oriented Businesses", dated June 6, 1989. The report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses, also called adult establishments.

   B.   The attorney general's report, based upon the above referenced studies and the testimony presented to it, 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 sexually oriented businesses adjacent to residential property". The report concluded that:

      1.   Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses;

      2.   Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex related crimes in particular), lowered property values, increased transience, and decreased stability of ownership;

      3.   The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult use increases;

      4.   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;

      5.   The city of Phoenix, Arizona, study confirmed that the sex crime rate was on the average five hundred percent (500%) higher in areas with sexually oriented businesses;

      6.   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;

      7.   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;

      8.   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 (3) block area of the store;

      9.   The adverse impacts of adult uses are exacerbated when the uses are located near each other; and

      10.   The presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood.

   C.   The Moorhead city council finds that the characteristics of Moorhead are similar to those of the cities cited by the report when considering the effects of adult uses.

   D.   The Moorhead city council finds, based upon the report and the studies cited therein, that adult uses will have secondary effects upon certain preexisting land uses within the city.

   E.   The Moorhead city council directed that a study be undertaken of the existing zoning ordinance and other city regulations to address adult uses. The intent of the study was to determine how the city might reasonably amend the zoning ordinance to address the concerns raised by the studies cited and to offer reasonable alternative avenues of expression for the free speech activities guaranteed by recent supreme court rulings for adult uses.

   F.   The Moorhead city council finds, based on the above cited zoning study, that adult uses could reasonably be allowed in the light industrial district and heavy industrial district if separated from certain sensitive land uses, if those same sensitive land uses are not allowed in the industrial districts, and if potential adult uses are separated from one another. The city council also finds that there are a reasonable number of distinct locations within the city's industrial districts where adult uses might locate and meet reasonable spacing standards from sensitive land uses and from one another. (Ord. 2006-36, 1-2-2007)

These words shall mean the following in this chapter:

ADULT ESTABLISHMENTS: Any establishment in which an adult use comprises more than twenty percent (20%) of the floor area of the establishment in which it is located, or more than twenty percent (20%) of the gross receipts in any month for the entire business operation, or any business that engages in any adult use as described in this chapter.

ADULT USE: Any of the activities and businesses described below:

   Body Painting Studio: An establishment or business which 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".

   Bookstore: 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, motion picture film, or any other form of media 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".

   Cabaret: A building or portion of a building for providing dancing or other live entertainment, if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, or depiction of "specified sexual activities" or "specified anatomical areas".

   Car Wash: A wash facility for any type of motor vehicle that allows employees, agents, independent contractors, or other persons to appear in a state of partial or total nudity in terms of "specified anatomical areas".

   Companionship Establishment: A companionship establishment 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".

   Conversation/Rap Parlor: A conversation/rap parlor 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".

   Health/Sport Club: A health or sport club, if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   Hotel Or Motel: A hotel or motel where material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

   Massage Parlor, Health Club: A massage parlor or health club which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such material is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". The phrase "used for" in this definition means a regular and substantial course of conduct and not a one time presentation of such material.

   Miscellaneous: Any establishment, business, or service whose products or services are substantially or significantly distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

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.

   Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated 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 (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".

   Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. The phrase "used for" in this definition means a regular and substantial course of conduct and not a one time presentation of such material.

   Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

   Sauna: A sauna 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 "specified anatomical areas".

   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 the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) 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.

SPECIFIED SEXUAL ACTIVITIES: A. 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, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts of conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

   B.   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

   C.   Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

   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. (Ord. 2006-36, 1-2-2007)

   A.   Adult establishments may only be located within the light industrial district and heavy industrial district, and as further regulated in this chapter.

   B.   No adult establishment may be located less than one thousand feet (1,000') from the nearest property line of any land in a residential zone or in a planned unit development zone developed for residential use or an existing residential use, or of any daycare center, school, establishment with a liquor license, library, public park, religious institution, playground or other public recreational facility in any zoning district, whether within the city limits of Moorhead or not.

   C.   No adult establishment may be located less than five hundred feet (500') from any other adult establishment, whether within the city limits of Moorhead or not. Measurements shall be made in a direct line from the property line of the premises where each use is located. (Ord. 2006-36, 1-2-2007)

   A.   Compliance Required: Within one year of the effective date hereof, any existing adult establishment shall be in compliance with the location requirements in section 10-23-3 of this chapter. Existing adult establishments must comply with all other requirements of this chapter immediately upon its effective date.

   B.   Extension Of Time To Meet Location Requirements: The owner of an existing adult establishment may apply to the Moorhead city council for an extension of the one year amortization period described above. Any such application must be submitted in writing to the city council within thirty (30) days of the effective date hereof. Failure to submit a timely extension application is a waiver of the right to request an extension. In order to receive an extension of time, an applicant must show that the one year amortization period places an unreasonable burden upon the business and does not allow the applicant adequate time to recover a reasonable return on the applicant's investment in the business or property. The applicant has the burden of proving that the one year amortization period causes a hardship sufficient to justify an extension of time. An extension will not be longer than an additional one year. In making its decision whether to grant an extension, the city council may consider any factor that it deems reasonably related to the issue, including, but not limited to:

      1.   The length of time that the adult establishment has been in existence;

      2.   The value of and condition of any structures or improvements on the property;

      3.   The nature and character of the surrounding neighborhood;

      4.   The amount of the applicant's investment in the business or property;

      5.   The amount of investment return already realized by the applicant; and

      6.   The cost of relocating the business. (Ord. 2006-36, 1-2-2007)

No adult establishment shall be open to the public from the hours of one minute after twelve o'clock (12:01) A.M. to ten o'clock (10:00) A.M. weekdays and Saturdays, or before two o'clock (2:00) P.M. or after eight o'clock (8:00) P.M. on Sundays, or at any time on national holidays. (Ord. 2009-5, 6-22-2009)

   A.   Off Site Visibility: Any business operating as an adult establishment shall prevent visibility of its merchandise from streets, sidewalks, parking lots, or other areas outside the building.

   B.   Entrances: All entrances to the business, with the exception of emergency fire exits that are not usable by patrons to enter the business, shall be visible from a public right of way.

   C.   Layout: The layout of any display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including, but not limited to, books, magazines, photographs, videotapes, or any other material, or any live dancers or entertainers.

   D.   Illumination: Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises.

   E.   Signs: Signs for adult establishments shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation.

   F.   Access By Minors: No minor shall be permitted on the premises of an adult establishment. Adult goods or materials may not be offered, sold, transferred, conveyed, given or bartered to a minor, or displayed in a fashion that allows them to be viewed by a minor, whether or not the minor is on the licensed premises.

   G.   Additional Conditions For Adult Cabarets: The following additional conditions apply to adult cabarets:

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

      2.   All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet (2') from the level of the floor.

      3.   No dancer or performer shall perform any dance or live entertainment closer than three feet (3') to any patron.

      4.   No dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer.

      5.   No patron shall pay or give any gratuity to any dancer or performer.

      6.   No dancer or performer shall solicit or receive any pay or gratuity from any patron. (Ord. 2006-36, 1-2-2007)

The city may enforce any provision of this chapter by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. (Ord. 2006-36, 1-2-2007)