St Paul City Zoning Code
ARTICLE 19
SEXUALLY ORIENTED BUSINESS
§ 19-1 Purpose.
It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Town. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
The Town of St. Paul shall not allow any of the following business or activities define[d] in the following section.
(Ordinance 130D, sec. 19-1, adopted 12/8/14)
§ 19-2 Definitions.
means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled 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 the depicting or describing of specified sexual activities or specified anatomical areas.
means a commercial establishment, which as one (1) of its principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the following:
Books, magazines, periodicals or other printed matter which depict or describe “specified sexual activities” or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; or
Software programs which depict or describe “specified sexual activities” or specified anatomical areas.
means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
means a hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
means a commercial establishment which as one (1) of its principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the following:
Photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas, and are either unrated or rated “X" by the Motion Picture Association of America.
means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes, for a fee, tip, or other consideration.
means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
means:
means a state of dress in which clothing covers only the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
means a business or commercial enterprise that, as one (1) of its primary business purposes, offers for any form of consideration:
means an adult arcade, adult bookstore of adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or sexually oriented dance hall.
means any place:
Where dancing is permitted one (1) day a week or more by a person in a state of nudity, semi-nudity or simulated nudity; or
That is advertised either on or off the premises:
As topless; |
As a gentleman's club, bar, or saloon; |
As adult entertainment; |
As X-rated; or |
By any other term calculated to attract patrons with nudity, semi-nudity or simulated nudity. |
means a state of dress in which any device or covering, exposed to view, is worn that simulates any part of the genitals, buttocks, pubic region, or areola of the female breast.
means human genitals in a state of sexual arousal.
means and includes any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; |
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; |
Masturbation, actual or simulated; or |
Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. |
(Ordinance 130D, sec. 19-2, adopted 12/8/14)