The purpose of this chapter is to establish provisions for the opportunity as well as controls of sexually oriented uses within the city.

(Ord. No. 1606, § 1020.01, 11-8-2021)

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

(1)

Activities classified as obscene as defined by Minn. Stat. § 617.241 are not permitted and are prohibited.

(2)

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

(3)

Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor or wine.

(4)

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

(Ord. No. 1606, § 1020.02, 11-8-2021)

(a)

Sexually oriented principal uses shall be located at least 1,320 radial feet, as measured in a straight line, from the closest point of the property line of the building upon which the sexually oriented principal use is located to the property line of:

(1)

Another sexually oriented principal use.

(2)

Churches.

(3)

Daycare centers.

(4)

On-sale or off-sale liquor establishments.

(5)

Public libraries.

(6)

Public or private schools and government office buildings.

(7)

Public parks and other public recreation facilities.

(8)

Residentially zoned property.

(b)

Sexually oriented principal use activities, as defined by this title, shall be classified as one use. No two sexually oriented principal uses 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 principal uses shall, in addition to other sign requirements established by this Code or this title, 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)

Signage shall not contain material classified as advertising.

(3)

Signage shall comply with the requirements of size and number of the district in which they are located.

(Ord. No. 1606, § 1020.03, 11-8-2021)

(a)

Sexually oriented accessory uses shall:

(1)

Comprise no more than ten percent of the floor area of the establishment in which it is located, provided that the maximum floor area used for sexually oriented accessory uses may not exceed 1,000 square feet.

(2)

Comprise no more than 20 percent 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 accessory uses 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 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.

(c)

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

(d)

Sexually oriented accessory use activities, including sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual 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. No. 1606, § 1020.04, 11-8-2021)