The purpose of this subdivision is to establish provisions for the opportunity as well as controls of sexually oriented uses within the City of Plymouth.

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

Subd. 1.

Activities classified as obscene under Minnesota State Law are not permitted and are strictly prohibited.

Subd. 2.

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

Subd. 3.

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

Subd. 4.

Sexually oriented uses-principal which are defined in this Chapter as sexually oriented stores, and which deal solely in the retail sales of novelties, shall be exempt from the requirements of Section 21195.03 of this Chapter.

Subd. 5.

A sexually oriented use which does not qualify as an accessory use shall be classified as a sexually oriented use-principal.

Subd. 6.

The regulations provided in Section 21195 of this Chapter hereby supersede Chapter 617.242 of Minnesota Statutes, pursuant to the authority granted under Chapter 617.242 of Minnesota Statutes. The City of Plymouth hereby "opts out" of the regulations set forth in Chapter 617.242 of Minnesota Statutes, and said regulations shall not apply within the City of Plymouth. The regulations set forth in Section 21195 of this Chapter shall apply within the City of Plymouth.

(Amended by Ord. No. 2009-07, 05/12/09)

Subd. 1.

Sexually oriented use-principal shall be located at least two hundred fifty (250) feet from the property line of residentially zoned property and five hundred (500) feet from a property line of a school as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented use-principal is located.

Subd. 2.

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 Section 21195.03, Subd. 1.

Subd. 3.

Sexually oriented uses addressed by this subsection shall also be subject to the regulations and requirements as specified in Section 1175 of the City Code.

(Amended by Ord. No. 2008-09, 03/25/08)

Subd. 1.

Sexually oriented uses-accessory shall:

(a)

Comprise no more than ten (10) percent of the floor area of the establishment in which they are located; and

(b)

Comprise no more than two thousand (2,000) square feet of floor area in total; and

(c)

Comprise no more than twenty (20) percent of the gross receipts of the entire business operation; and

(d)

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

Subd. 2.

Sexually oriented business-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

(a)

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.

(b)

Magazines. Publications classified or qualifying as sexually oriented 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.

Subd. 3.

Sexually oriented business-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.