(a)

The 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 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 transiency, 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, 500 percent 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 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 city council finds that the characteristics of the city are similar to those of the cities cited by the report when considering the effects of adult uses.

(d)

The city council finds, based upon the report and the studies cited therein, that adult uses would have secondary effects upon certain pre-existing land uses within the city.

(e)

The 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 city council finds, based on the above-cited zoning study, that adult uses could reasonably be allowed in the industrial district if separated from certain sensitive land uses, if those same sensitive land uses are not allowed in the industrial district, 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.

(Code 1999, § 21.010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult establishments means any establishment in which an adult use comprises more than ten percent of the floor area of the establishment in which it is located, or more than 20 percent of the gross receipts in any month for the entire business operation.

Adult use means any of the activities and businesses described below:

Body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

Bookstore means a building, or portion of a building, used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, digital video discs (DVDs) or similar audio-video equipment, or motion picture film if such building, or portion of a building, excludes minors by reason of age, and 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 means a building, or portion of a building, for providing dancing or other live entertainment, if such building, or portion of a building, excludes minors by virtue of age and 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 means 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 means a companionship establishment which excludes minors by reason of age, and 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 means a conversation/rap parlor which excludes minors by reason of age, and 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 means a health or sport club which excludes minors by reason of age, if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Hotel or motel means a hotel or motel where minors are specifically excluded from patronage by reason of age and 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 means a massage parlor or health club which restricts minors by reason of age, and 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 means a building, or portion of a building, with a capacity for less than 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 means 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 means 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 means 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 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. The phrase "used for" in this definition means a regular and substantial course of conduct and not a one-time presentation of such material.

Motion picture theater means a building, or portion of a building, with a capacity of 50 or more persons used for presenting material if such building, or portion of a building, as a prevailing practice excludes minors by reason of age and if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Novelty business means 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 means a sauna which excludes minors by reason of age, or 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 means 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 such building, or portion of a building, restricts minors by reason of age or 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 means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

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, or zooerasty;

(2)

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

(3)

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

(4)

Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts;

(5)

Situations involving a person, 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;

(6)

Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

(Code 1999, § 21.020)

An adult establishment may be located only in the industrial district, but not less than 250 feet 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, park, religious institution, playground or other public recreational facility in any zoning district, whether within the city limits or not. Further, no adult establishment may be located less than 500 feet from any other adult establishment district, whether within the city limits or not. Measurements shall be made in a direct line from the property line of the premises where each use is located.

(Code 1999, § 21.030)

The city may enforce any provision of this article by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction.

(Code 1999, § 21.040)