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11/03/1997 - City Council SpecialAGENDA SPECIAL CITY COUNCIL MEETING Monday November 3, 1997 5:00 P.M. Lunchroom I. ROLL CALL & ADOPTION OF AGENDA II. VISITORS TO BE HEARD III. CONSIDER ADULT ESTABLISHMENT REGULATIONS IV. MUNICIPAL CENTER SITE USE STUDY V. OTHER BUSINESS VI. ADJOURNMENT TO: FROM: DATE: MEMO city of eagan HONORABLE MAYOR & CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES OCTOBER 31,1997 SUBJECT: SPECIAL CITY COUNCIL MEETING/NOVEMBER 3,1997 A Special City Council meeting is scheduled for Monday, November 3 to discuss two items: 1) consider adult establishment regulations and 2) Municipal Center Site Use Study. Consider Adult Establishment Regulations By action of the City Council, an interim ordinance restricting adult establishments to open for business in the community was adopted in 1995. The ordinance creating the moratorium expired during October, 1997. This action has allowed City staff to research and prepare a draft ordinance addressing adult establishment regulations and, more recently, a review of the proposed regulations by the Advisory Planning Commission. A copy of a memo from Senior Planner Ridley and a copy of the draft ordinance are enclosed on pages _ !I_ through The Advisory Planning Commission is recommending that the City Council review the document and provide any input/feedback to the Planning Commission before their work session on November 13 and public hearing which is scheduled for November 25. Chairperson Heyl will be present at the meeting to answer questions regarding the proposed adult establishment regulations. Also enclosed on pages aw through 2� is a copy of an article entitled, "X-rated businesses are leaving the city for the suburbs. The suburbs aren't ready." that appeared in Governing magazine October 1997. DIRECTION TO BE CONSIDERED: To provide feedback to the Advisory Planning Commission on the draft adult establishment regulations ordinance for consideration at their public hearing to be held on Tuesday, November 25. Municipal Center Site Study At the September 30 Special City Council meeting, action was taken to direct the consultant to provide some modifications to Plan B, the City Administrator to arrange a tour of the St. Louis Park complex and continue any further consideration of the Municipal Center Site ]\-Master Plan until a future work session. A tour was originally scheduled for Sunday, September 14; however, due to a scheduling conflict, the tour was cancelled by the City Council. Mr. Greg Ingraham has reviewed the pools in Bloomington. Edina and St. Louis Park and whether those facilities would fit on the Municipal Center site. Further, the St. Louis Park pool complex, since it is the largest of the three pools, will be superimposed on the Concept B drawing for review at the meeting on Monday. For additional information and a copy of the three pools identified (Bloomington, Edina and St. Louis Park), refer to pages _10 through '33. Also enclosed on pages through is a copy of an excerpt of the September 30 Special City Council minutes that addressed the Municipal Center Master Plan. There are various policies that need consideration including. but not limited to: 1) should the City proceed further with a more detailed design concept for both a municipal swimming pool and the parking space; 2) should an RFP for an architect be given consideration at this time; 3) how should the funding be determined for a municipal swimming pool, i.e. use of Community Investment Funds; and 4) should the City consider any other locations, i.e. the YMCA or other collaborative ventures? DIRECTION TO BE CONSIDERED: To provide the City Administrator with direction regarding the next steps toward development of the Municipal Center site campus. Other Business There are no items for consideration under Other Business at this time. /S Thomas L. Hedges City Administrator 11 city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: MIKE RIDLEY, SENIOR PLANNER DATE: OCTOBER 28,1997 SUBJECT: ADULT ESTABLISHMENT REGULATIONS BACKGROUND MEMO In 1995, the Eagan City Council adopted an interim ordinance that created a moratorium on siting adult uses within the City. The purpose of the moratorium was to allow the City time to study the existing ordinance to determine appropriate locations to site adult uses because the City Code did not address this type of land use. In 1996, the moratorium was extended through October 1997. State and federal courts have consistently ruled that prohibiting adult uses is an infringement on free speech and, therefore, unconstitutional. However, local government is allowed to reasonably regulate these types of uses. WORKSHOPS At its workshops on September 23 and October 9, 1997, the .Advisory Planning Commission discussed this land use issue. In preparation for this workshop, Commission members were provided information on adult use establishments as follows: • the Eagan Interim Ordinance • Apple Valley Adult Establishment Ordinance • Bloomington Adult Business Regulations • Ramsey Adult Use Planning and Zoning Study • Minnesota Attorney General's report on sexually -oriented businesses The following City staff has worked with the APC on this issue: Patrick Geagan, Chief of Police; Mike Dougherty, City Attorney; and Mike Ridley, Senior Planner. 3 Discussion varied from total exclusion of adult uses to no regulations at all. One Commission member remarked that there is a difference in regulating adult use from a criminal aspect as to land use and referred to adult uses such as Shinders (a sports card store that also sells adult magazines/videos. etc.). Other discussion was directed at: 1) point-of-sale items ranging from purchasing, or renting, an adult video and taking it off the premises for use, and 2) the point-of- sale impact such as an "adults only" entertainment establishment. Spacing of these types of adult use from protected uses was debated as well as the definition of protected uses. The following was the consensus of the Planning Commission members: • 1.000' is adequate spacing from protected uses + protected uses include: residential, day-care centers, churches, parks and parks facilities, and any on/off sale liquor establishment + adult uses must receive approval through the conditional use process in the following zoning districts: Limited Industrial (I-1); Business Park (BP), and Research and Development (RD) provided property is located at least 1,000' from any protected uses * schedule a public hearing to adopt an adult establishment ordinance Prior to scheduling this ordinance amendment for a public hearing, the Advisory Planning Commission requests input from the City Council. The Planning Commission 'will review Council direction at its workshop meeting on November 0, 1997 with a tentative public hearing date of November 25, 1997. CONCLUSION Adult movie.lbook selections located in areas that cannot meet the 1,000' spacing requirement should be allowed and are not defined as adult use provided no more than one-fourth of the portion of the gross floor area or 300 square feet, whichever is less, is devoted to items, merchandise, or other material distinguished, or characterized, as adult-oriented. It is the recommendation of the Advisory Planning Commission that this item be forwarded to the City Council for approval to print a notice in the official City newspaper and mail notices to the mailing list provided by the Chamber of Commerce which includes approximately 1.800 local business addresses. For your review, I am enclosing a revised draft of the adult establishment regulation provisions T edd by the City Attorney's Office. 00- "V Senior Planner MR/j s I/ MEMORANDUM TO: Mike Ridley, Senior Planner FROM: Sharon K. Hills, Assistant City Attorney DATE: October 23, 1997 RE: Adult Establishment Regulations Enclosed please find a revised draft of the adult establishment regulation provisions for your review. If you have any questions or concerns regarding the enclosed draft adult establishment regulations, please do not hesitate to contact our office. SKH/wkt s ADULT ESTABLISHMENTS Sec. 1. Findings and purpose. Minnesota State Attorney General's Office and the Cities of St. Paul, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Seattle, Washington; Houston, Texas; and Los Angeles, California, have conducted studies of the impact of adult establishments on their respective communities. Based on these studies and the information received at the public hearings on this issue, the Eagan City Council finds: (a) Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult establishments experience increased crime rates (sex- related crimes in particular), lowered property values, increased transiency, neighborhood blight and potential health risks; (b) Adult establishments can have an adverse impact on adjacent commercial uses; ,(c) The adverse impacts which adult establishments have on surrounding areas diminish as the distance from the adult establishments increases; (d) Many members of the public perceive areas within which adult establishments are located as less safe than other areas which do not have such uses; (e) Adult establishments can exert a dehumanizing influence on persons attending nearby places of worship; children attending family day care homes, group family day care homes and child care centers; students attending schools; and people using parks. (f) The concentration of adult establishments in one (1) area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the concentration of adult establishments. The presence of such businesses is perceived by others as an indication that the area is deterioratine which can cause other businesses and residents to move out of the vicinity. Declining real estate values, which can result from the concentration of such businesses, erode the city's tax base and contribute to a feeling that that section of the city is depressed. (g) Adult establishments can increase the risk of exposure to communicable diseases. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of such establishments but also the general public. In order to minimize the detrimental effect adult establishments have on adjacent land uses, and to promote the public health, safety and general welfare of the city, the city council ROW adopts the following licensing regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of adult establishments to locate in the city. Sec. 2. Definitions. For purposes of this article, these terms shall be defined as follows: (a) Adult establishment means any adult use as defined in this Article or any business engaged in any of the following activities or which utilizes any of the following business procedures or practices: (1) A business that is conducted exclusively for the patronage of adults and to which minors are specifically excluded from patronage either by operation of law or by the owners of such business; or OW (2) Any business that has a substantial or significant portion of the business or establishment that is devoted to material or persons depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. (b) Adult use means any of the activities and businesses defined below: (1) Adult body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or non -transparent, to or on the body of patron when such body is wholly or partially nude in terms of specified anatomical areas as defined herein. (2) Adult book store means an establishment used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tapes, videotapes, motion picture films, CD Roms or any other form of media, if such business is not open to the public generally but only to one (1) or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such business or establishment is devoted to material distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." (3) Adult cabaret means a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." (4) Adult companionship establishment or business means a companionship establishment which excludes minors by reason of age, or which provides for a fee the service of engaging in or listening to conversation, talk, discussion or companionship between an employee of the establishment or business or an independent contractor connected with the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas'. (5) Adult conversation/rap parlor means a building or portion of a building which excludes minors by reason of age, or which provides the services of engaging in or listening to conversation, talk, or discussion distinguished and characterized by an emphasis on "specified sexual activities' or "specified anatomical areas." (6) Adult entertainment facility means a building or portion of a building wherein an admission is charged for entrance or food or nonalcoholic beverages are sold or intended for consumption and wherein live presentation or entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas may be observed. (7) Adult health:sport club means a building or portion'of a building which excludes minors by reason of age and wherein activities that are distinguished and characterized by an emphasis on "specified sexual activity" or "specified anatomical areas" occur. (8) Adult hotel or motel means a building or portion of a building wherein hotel or motel services are provided from which minors are specifically excluded from patronage and in which material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." (9) Adult massage parlor means an adult establishment which restricts minors by reason of age and which provides the services of massage services, other than therapeutic, health-care related massage services governed by Chapter 6 of this Code, that is distinguished and characterized by an emphasis on "specified sexual activities' or "specified anatomical areas." (10) Adult mini motion picture theater means a building or porciu,i 01 a building with a capacity for fewer than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matters, 0 • depicting, describing, or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase "used for" in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material. (11) Adult modeling studio means an adult establishment which its primary 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 as defined herein or display specified anatomical areas as defined herein while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (12) Adult motion picture arcade means any building or portion of a building in which 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 (1) time, and where the images displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." (13) Adult motion picture theater means a building or portion of a building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase "used for" in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material. (14) Adult 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. (15) Adult sauna means 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 and if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined herein. (c) Specified anatomical areas means: (l) Less than completely and opaquely covered: Human genitals, pubic region or pubic hair; or ii. Buttock; or iii. Female breast or breasts below a point immediately above the top of the areola; or iv. Any combination of the foregoing; or (2) Human male genitals in a discernibly turgid state even if completely and opaquely covered. (d) Specified sexual activities include, but are not limited to, the following activities: (1) Human genitals in a discernible state of sexual stimulation or arousal; or (2) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast or breasts; or (3) Actual or simulated 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 or conduct: anilingus, autoerotism buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (4) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or (5) 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 person; or (6) Erotic or lewd touching, fondEng or other sexually -oriented contact with an animal by a human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (e) Substantial or significant means for purposes of this Article, the phrase "substantial or significant" means that at least one-fourth (1/4) of the portion of the floor area or at least cubic feet of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public and open to employees!agents only) is devoted to items, merchandise or other material that is distinguished or characterized by an emphasis /D on the depiction or description of "specified sexual activities" or "specified anatomical areas." (f) Booths, stalls, or partitioned portions of a room or individual room means: (1) Enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct; or (2) Enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls, or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers, or persons employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. (g) Doors, curtains or portal partitions means full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure. (h) Health inspectors means inspectors employed by the County of Dakota or their agents. (i) Minor means any natural person under the age of eighteen (18) years.' (j) Nudity means the showing of the human male or female genitals or pubic area with less than fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state. (k) Open to an adjacent public roam so that the area inside is visible to persons in the adjacent public room means either the absence of any entire "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as a glass, plexi -glass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure. (1) Person means one (1) or more natural persons; a partnerships, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; a limited liability corporation; professional association; or any other business organization or entity Sec. 3. Prohibition; license required. No person shall own or operate an adult establishment within the city except within Limited Industrial (I-1), Community Shopping Center (CSC), General Business (GB), and Business Park (BP) Districts pursuant to a conditional use permit and a license issued by the City under this Article. No conditional use permit and license shall be issued hereunder for any proposed adult establishment within 1,000 feet of another licensed adult establishment, residential use, day care provider, or off -sale liquor establishment, park or public facility. No person shall engage in adult establishment activities„ including the sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, regardless of the area size devoted to the activities at any indoor or outdoor public show, movie, caravan, circus, carnival, flea market or the like, theatrical or other performance, or exhibition presented to the general public where minors are admitted. Sec. 4. License application. The application for a license under this Article shall be made on a form supplied by the city clerk and shall request the following information: (a) For all applicants: (1) Whether the applicant and owner is a natural person, corporation, partnership, or other form of organization. (^) Name, address, phone number and birti; date of the applicant, owner a„d the operator or manager of such operation who shall be responsible for all daily operations, if different from applicant or owner. (3) The legal description and address of the premises where the adult establishment is to be located. (4) A floor plan of the premises which details all internal operations and activities including a statement of the total floor space occupied by the business. The floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. (5) A site plan of the premises for which the license is sought, showing dimensions, locations of buildings, site and building lighting, street access, and parking facilities. Illumination of the exterior premises must be adequate to observe the location and activities of all persons on the exterior of the premises. (6) A building elevation drawing which shows exterior construction, proposed building signs, materials and colors of the proposed adult establishment. Signs for the adult establishments shall comply with the city's sign ordinance; in addition, signs for adult establishments shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation. (7) The name of the business. If the business is to be conducted under a designation, name, or style other than the name of the applicant, a certified copy of the certificate required by Minn. Stat. § 333.01 shall be submitted. (8) The activities and types of business to be conducted.. (9) The intended hours of operation. (10) The names, residences and business addresses of three (3) persons, residents of the state, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to regarding the applicant's character or, in the case where information is required of an operating officer, the operating officer's character. (11) Whether all taxes due and owing on the premises to be licensed have been paid. (12) Abstractor's certificate of property ownership of the subject parcel and all parcels within one thousand (1,000) feet of the subject parcel. (b) If the applicant is a natural person: (1) The name, place and date of birth, street and city address, and phone number of the applicant and operator/manager. (2) Whether the applicant and operator/manager have ever used or has been known by a name other than his/her name, and if so, the name or names used and information concerning dates and places where used. (3) The street and city addresses at which the applicant and operator/manager have lived during the preceding ten (10) years. (4) The type, name and location of every business or occupation in which the applicant's spouse and operator/manger have been engaged during the /.3 preceding two (2) years and the name(s) and address(es) of their employer(s) and partner(s), if any, for the preceding two (2) years. (5) Whether the applicant, applicant's spouse and operator/manager have ever been convicted of a felony, crime, or violation of any ordinance other than traffic. If so, they shall furnish information as to the time, place, and offense for which there were convictions. (c) If the applicant is a partnership: (1) The name(s) and address(es) of all general partners and the operator/manager and all of the information concerning each general partner and the operator/manager that is required of applicants in (b) of this Article. (2) The name(s) of the managing partner(s) and the interest of each partner in the business. (3) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stat. § 333.01, a certified copy of such certificate shall be attached to the application. (d) If the applicant is a corporation or other business organization or entity: (1) The name of the corporation or business entity, and if incorporated, the state of incorporation. (2) A true copy of the certificate of incorporation, articles of incorporation or association agreement, and by-laws shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required by Nftn. Stat. § 303,06, shall be attached. (3) The name of the manager(s), proprietor(s), owner(s), or other agent(s) in charge of the business and all of the information concerning each manager, proprietor, or agent that is required of applicants in (b) of this Article. (4) A statement detailing any felony convictions of the owners of more than five (5) percent of the interest in the entity and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities. / 5` Sec. 5. Application execution and verification of information. (a) If the application is that of a natural person, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof; if of a partnership, by one (1) of the general partners; if of an unincorporated association, by the manager or managing officer thereof.. (b) The fee owner of the property on which the adult establishment is proposed to be located and operated shall sign the application before a notary public as to verify his/her approval of the application. (c) Applications for licenses under this article shall be submitted to the city clerk. Within thirty (30) calendar days of receipt of a completed application and payment of all licensing application fees, the city clerk and police chief or their designees shall verify any and all of the information requested of the applicant in the application including the ordering of criminal background checks, and conduct any necessary investigation to assure compliance with this article. The period for investigation may be extended fifteen (15) days by the city council if an out-of-state investigation is required. Sec. 6. Application consideration. No later than thirty (30) calendar days after the completion of the license application verification and investigation by the city clerk, as prescribed in this Article, the city clerk shall grant or deny the license in accordance with this Article. If the license is denied, the city clerk shall notify the applicant of the determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided on the application form. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. During the application consideration process prescribed herein, an applicant operating a business not previously subject to the license provisions of this article may remain operating pending the outcome of the application consideration. Sec. 7. Fees. (a) Application fee: (1) The annual license application fee shall be determined by City Council resolution. (2) The license application fee shall be paid in full before the application for a license is accepted. All fees shall be paid to the city clerk for deposit into the general fund of the city. Upon rejection of any application for a license or upon withdrawal of application before approval by the city clerk the license fee shall be refunded to the applicant. /5- (3) Nkhen the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety (90) days after approval of the license by the issuing authority or upon the date an occupancy permit is issued for the building. (b) Investigation fee: (1) At the time of each original application for a license, applicant shall pay, in full, an investigation fee, which shall be determined and set by City Council resolution. If any investigation outside the State of Minnesota is required, the applicant shall be charged the cost, not to exceed ten thousand dollars ($10,000.00), which shall be paid prior to issuance of a license, after deducting the initial application fee, whether or not the license is granted. (2) At any time an additional investigation is required because of a change in the ownership of any license or control of a corporate license, the licensee shall pay an additional investigation fee. The investigation fee shall be determined by city council resolution. If any of the additional investigation outside the State of Minnesota is required, the applicant shall be charged the cost, not to exceed ten thousand dollars ($ 10,000. 00), which shall be paid after deducting the. initial investigation fee. (3) At any time an additional investigation is required because an amendment to the license is required under this Article, the licensee shall pay an additional investigation fee as specified by City Council resolution. (4) Fees for additional investigation required because of a change in the operating officer or proprietor or.other agent in charge of the licensed premises shall be as specified by City Council resolution. Sec. 8. Persons and locations ineligible for a license. The city clerk shall issue or renew a license under this Article to an applicant unless one (1) or more of the following conditions exist: (a) The applicant is under the age of twenty-one (21) at the time the application is submitted; (b) The applicant failed to supply all of the information requested on the license application; (c) The applicant or applicant's spouse is overdue in his/her payment of city, county or state tales, fees, fines or penalties. /V/ (d) The applicant gave false, fraudulent, or untruthful information on the license application; (e) The applicant, spouse, or anyone residing with the applicant has had an adult establishment license revoked or suspended or has been denied a license to operate an adult establishment within a one (1) year period immediately preceding the date the application was submitted; (f) The applicant or spouse has had a conviction of a felony or a gross misdemeanor or misdemeanor relating to sex offenses, obscenity offenses, or adult uses in the past five (5) years; (g) The operator or manager of the proposed licensed adult establishment is not eligible for a license pursuant to this Article; (h) The spouse of the applicant is ineligible for a license pursuant to this article or the applicant is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. "Interest" shall have the meaning as defined in this Article; (i) The adult establishment does not meet all of the requirements prescribed in the City of Eagan Code, the City's Zoning Ordinance, Building Code, Fire Code and the city's health regulations, this article and all provisions of state and federal laws; (j) The premises to be licensed as an adult establishment is currently licensed by the city as an adult establishment, therapeutic massage enterprise, or an establishment licensed to sell alcoholic beverages; (k) The applicant has not paid the license and investigation fees required. (1) The fee owner of the property on which the proposed licensed premises is located has not signed or approved the license application. Sec. 9. Renewal application. (a) All licenses issued under this article shall be effective for only one (1) year commencing with the date of approval by the city clerk or city council. An application for the renewal of an existing license shall be submitted to the city clerk no later than 4:30 p.m. on the 61st calendar day prior to the expiration date of the existing license. (b) Within thirty (30) calendar days of receipt by the city clerk of a fully completed renewal application, the city clerk and chief of police or designee shall verify any and all of the information requested of the applicant in the renewal application, including the ordering of criminal background checks, and shall conduct any necessary investigation to assure compliance It2 with this article. No later than thirty (30) calendar days after the completion of the renewal application verification and investigation as prescribed herein, the city clerk shall issue a renewal license unless one (1) or more of the conditions which is listed for denial of the license herein exists. (c) If the city clerk denies a renewal application, the city clerk shall notify the applicant in accordance with this Article and the notice shall, in addition, state the grounds for the denial. (d) After the denial of a renewal application by the city clerk, the applicant may appeal the city clerk's determination to the city council as provided for an initial denial of a license under this Article or by immediately challenging the determination in a court of law. If the city denies renewal of a license under this Article, the applicant shall not be issued a license under this Article for one (1) year from the date of denial. If, subsequent to the denial, the city finds that the basis for the denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the denial became final. Sec. 10. General license requirements. (a) Posting of license. A license issued under this article must be posted in a conspicuous place in the premises for which it is issued in order that it is plainly visible to all persons entering the premises. (b) Scope of license. A license issued under this article is only effective for the compact and contiguous space specified in the approved license application. (c) Maintenance of order. A licensee and licensee's designated operator or manager under this article shall be responsible for the conduct of the business being operated and shall not allow any illegal activity to take place within or outside on the property of the licensed premises, including but not limited to prostitution, public indecency, indecent exposure, disorderly conduct, or the sale or use of illegal drugs. Every act or omission by an employee or independent contractor of the licensee constituting a violation of this article shall be deemed the act or omission of the licensee and licensee's operator or manager if such act or omission occurs either with the authorization, knowledge, or approval of the licensee, operator or manager, or as a result of the licensee's, operator's or manager's negligent failure to supervise the licensed premises. Sec. 11. Restrictions regarding license transfer. (a) A license granted under this article is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. (b) An adult establishment license under this Article shall terminate immediately upon the sale or transfer in ownership ofthe adult establishment business Upon the sale or transfer, the licensee shall immediately notify the city clerk of the sale or transfer and the new owner or operator must immediately apply for a license under this article including payment of the investigation fee. Sec. 12. Change in business entity ownership. (a) Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, within the meaning of the term in this Code unless such change is approved by the council, in which event said license shall continue in force until the end of the then current license year. (b) License issued to any other business entity shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of the entity unless such change is approved by the council, in which event said license shall continue in force until the end of the then current license year. (c) Any business entity holding an adult establishment license shall submit written notice to the clerk of any such changes described herein on or before sixty (60) days prior to the effective date of any such change and pay any fee required by this Article. Notwithstanding the definition of "interest" as given in this Code, in the case of a corporation, the licensee shall submit written notice to the clerk when a person not listed in the application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this chapter. (d) Corporations holding an adult establishment license shall submit written notice to the clerk of any change in operating officers within ten (10) days of such change. The written notice shall designate the interim operating officer and shall contain all the information about said person as is required of a single applicant in this Article. The operating officers shall be subject to the investigation required by this Article. Investigation fees shall be as determined by the city council pursuant to this Article. (e) The designation of a new operating officer or manager shall not cause the corporation's license to become invalid before a decision is rendered by the city council provided proper notice and application are made pursuant to this Article. A proposed new operating officer shall be referred to as the interim operating officer. In the event an interim operating officer is rejected by the city council, the corporation shall designate another interim operating officer and make the required application pursuant to this Article within fifteen (15) calendar days of the council's decision. Sec. 13. Change in building, premises and character of business. An application for approval of any proposed enlargement, change in character of the establishment or extension of premises previousiy licensed shall be made to the clerl, before the /9 time application is made for a building permit for any such change. Any additional fee required by the fee provisions of this Article shall be paid at the time of application if the enlargement, substantial alteration or extension requires an amendment to the license. The change shall not be allowed unless the city council approves an amendment to the license prior to the issuance of any building permit. Sec. 14. Restrictions regarding hours of operation. A licensed premise shall not be open for business to the public during the hours of 1:00 a.m. to 8:00 a.m. and no person other than a licensee's bonafide employees shall be in the licensed premises between the hours of 1:00 a.m. and 8:00 a.m., provided no employee of the licensee shall be in the premises more than 75 minutes after 1:00 a.m. or before 8:00 a.m. Sec. 15. Restriction regarding minors. No licensee shall allow minors to enter the licensed premises. The licensee shall request proof of age of all persons entering the licenses premises. Proof of age may be established only by: a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada; a valid military identification card issued by the United States Department of Defense; or in the case of a foreign national from a nation other than Canada, a valid passport, all of which shall include the photograph and date of birth of the person to be identified. Sec. 16. Restrictions regarding sanitation and health. (a) Partitions facilitating sexual activity. Q. l;--ensee under this article shall not allow any partition between a subdivision, portion, or part of the licensed premises having any aperture which is designed or constructed to facilitate sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region or pubic hair, buttocks, or female breast between persons on either side of the partition. (b) Restrictions on booths, stalls, and partitions. A licensee under this article shall not allow or have on the licensed premises or adjoining areas any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment, including but not limited to live entertainment that have doors, curtains, or portal partitions, unless such booths, stalls, or partitions have at least one (l) side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms. No reclining surfaces inside any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment including but not limited to live entertainment shall be permitted. (c) Distance requirement for live adult entertainment. All performers, dancers, and persons providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where such entertainment can be seen by patrons of the licensed facility shall remain at all times a minimum distance of ten (10) feet from all patrons, customers, or spectators and shall dance or provide such entertainment on a platform intended for that purpose, which shall be raised at least two (Z) feet from the level of the floor on which patrons or spectators occupy. (d) Interaction with patrons. No dancer, performer, or person providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where the entertainment can be seen by patrons of the licensed facility shall fondle or caress any patron or spectator. (e) Authority of health inspectors. City staff or designees shall have the authority to inspect or cause to be inspected the licensed premises and adjoining areas in order to ascertain sources of infection or reduce the spread of communicable diseases. Such officials shall have the authority to issue appropriate orders to the licensee regarding health and sanitation. (f) Limitation on number of persons in partitioned areas. Any booths, stalls, or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment including but not limited to live entertainment shall not be occupied by more than one (1) person at a time. (g) Dirty to supervise. The licensee shall not permit specified sexual activities as defined herein to take place on the premises and shall have an affirmative duty to supervise the licensed premises and prevent such activities. Sec. 17. Right of inspection. Prior to issuance of an initial license or renewal license, a police officer, building inspector or a city designee must inspect the premises for compliance with this Article and applicable building and health codes. Any police officer, building inspector or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of any licensee hereunder at any time without a warrant. Sec. 18. License and criminal violations. (a) Suspension. The city council may suspend a license issued pursuant to this article for up to sixty (60) days if the city council determines that a licensee or the licensee's designated operator or manager has committed the following: ai (1) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (2) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (3) Any violation of this article. (4) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 364.03, Subd. 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, Subd. 3. (5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. (b) Revocation. The city council may revoke a license if the city council determines that: (1) The licensee's license was suspended in the preceding fourteen (14) months and an additional cause for suspension as detailed in (a) above is found by the city council to have occurred within the fourteen -month period; (2) The licensee gave false or misleading information in the material submitted to the city during the application process; (3) A licensee or an employee or independent contractor of the licensee has knowingly allowed possession, use, or sale of controlled substances on the premises; (4) A licensee or an employee or independent contractor has knowingly allowed prostitution on the premises; (5) A licensee violated any of the provisions of Minnesota Statutes Section 617.241--617.299 relating to the illegal distribution, possession, or sale of obscene materials; (6) A licensee or an employee knowingly operated the adult establishment during a period of time when the licensee's license was suspended; (7) A licensee or licensee's operator or manager has been convicted of an offense listed in this Article for which the time period required has not elapsed; (8) On two (2) or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in this article for which a conviction has been obtained, and the person or persons were employees or independent contractors of the licensee at the time the offenses were committed; (9) A licensee or an employee or independent contractor of the licensee has knowingly allowed specified sexual activities to occur in or on the licensed premises; or (10) A licensee is delinquent in payment to the city, county, state or federal governments for hotel occupancy taxes, ad valorem taxes, sales taxes, or other financial obligations. (c) Hearing procedures. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the public hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. (d) Any act enumerated as a grounds for suspension or revocation shall constitute an unlawful act and violation of this Article. Sec.. 19. Criminal penalty. A violation of this article shall be a misdemeanor under Minnesota law. The city may also pursue injunctive remedies. Sec. 20. Severability. If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. The city council hereby declares that it would have adopted the article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid. a3 I- 19 H a T 11 I V -- .. -- -` S_._ -,...� .4. K_ -•-. ,y:+..-`-.ar`.•. a.,:=e.ca _ xw.-*T'`'r.+ti re8 J XMae C Rik1'��!y�,��..=��_.t,` :� �� icy 7-•%w � �-.7y.�.i, �ir�y r ` X f Y 2 .1•. �• i.� �w1 YAK' i^•e.. ( } I +� - _ ■ fy- 41 1 1 1 1 1 1 1 1 1 October 1997 4=2 � _.. X-rated businesses are he town of Johnston. Rhode Island, concedes it was bamboozled by Mario's, a ` low-key Italian restaurant, when thc: mvner asked for an entertain- ment licence early last rear. The t restaurant said it wanted to offer soft dinner music to patmns. The council members thought it was a reason- 1 able request and granted the license. But Mario's hadn't exactly revealed all. Once it had the license in hand. an unex- pected form of entertainment started up: women dancing naked. The m-indows were blacked out and the name of the restaurant Aw changed to Mario's Show Place. Johnston, a quiet suburb of 30,(X)0 WfMChapjxtt ph„ rwrnp& m_ - >,-� ar:.. `°'*, "`",7 .-x."sxs�. n�� a•n�e. c��ti....:x:,. - cw+^sar - n._ - 'f. .F.«. ATF { {{5 RII '4a } F `- 47 leaving the city for the suburbs. The suburbs aren't ready. bordering Providence, had unwittingly ment to court over the anti -strip club law. tide of adult entertainment businesses permitted its first topless bar. But that still wasn't the end of it for heading their way. Three weeks after Mario's went topless, Johnston. The town got four calls from If it's any consolation to Johnston—and the council, shocked by what had tran- adult entertainment clubs in Providence, it probably isn't—dozens, if not hundreds, spired, passed an ordinance prohibiting a five-minute drive away, asking about of municipalities of all sizes are grappling nudity in places that serve alcohol. But the locating within town limits. This was at a with what to do about SOBS— sexually ori - law is underchallenge, and while the deer time when those club's were feeling the ented businesses. Larger cities that have sion is pending, the strip ........................................................... heat at their existing loca- been home to X-rated businesses for years shows go on. m E L L E 1 E 1 L M A 1 tions. Providence had have been looldng for ways to put a clamp Even worse from john- started cracking down on on lewd entertainment and move it to the ston's point of view, the Mario's episode bars that offered nude dancing. It was Tinges, if not out of the city completely. gave other people ideas. Early this year, El monitoring them closely, shutting them Smaller municipalities that have never Marocco's, abanquet facility three -tenths of down for any violations it could find and had the problem are trying to fix it so they a mile from town hall on a commercial strip putting pressure on those still operating. never do. But like Johnston, they are find - lined with gas stations and fast food places, Startled town leaders in Johnston scram- ing it a difficult task. They are up against decided to open as Marvcco's Gentlemen's bled to figure out how they could slow or the complexities of Pornosprawl. Show Club. It, too, took the local govern- halt what they worried might become a The fundamental problem is that cities October 1997 91111 NIBS 41 s _ �IE !:(`'v'° 7} yam..y .^i�7 �I+ l�aV he larger cities are, indeed, cracking a down. For decades, peep shows, top- T less bars and adult book, video and Rather than regulate what goes on in sexual gadget stores have been accepted the clubs, many cities attempt to use zon- as inevitable—if not wholeheartedly wel- ing to control where the clubs locate. comed—by the multitudes in many urban that try to prohibit strip clubs outright typ- Although the courts will not let local gov- areas. But tolerance for a seamy side of ically find themselves on the losing end of ernment ban SOBS altogether, they have town is waning as mayors and councils a court challenge. "They open up, resi- held that cities can zone and regulate them wake up to the fact that adult businesses dents scream outrage about the things so as to minimize their "secondary drag down sections that have the poten- they observe, the things the children see," effects" --crime, decreased property val- tial to be something better, and more says Jan LaRue, senior counsel for the ues and tax revenues, traffic, noise, litter appealing to a wider constituency. National Law Center for Children and and the spread of sexually transmitted dis- Providence is a perfect example. Two Families. "The city scrambles, screams, eases. But there have been challenges to decades ago, when it was a grimy indus- `What do we do? But if they try to deny a some of those laws as well. Civil liberties trial city in decline, few paid much atten- permit to keep them from opening, they lawyers have argued that it is impossible tion to the skin shows scattered about find in court it doesn't hold up." for cities to prove negative secondary town. But central Providence is making a The law is quite murky when it comes effects from strip clubs. comeback. Rivers that were buried under to what's allowed to go on in these clubs For all the legal difficulty, most com- asphalt have been brought back to the sur - once they open up. The U.S. Supreme munities find it is best to have some form face, and railroad tracks have been moved Court ruled more than 20 years ago that of SOB zoning ordinance on the books. underground. New hotels are being built nude dancing can be a protected form of When there is no zoning law, strip clubs and an arts district has been set up to expression under the First Amendment, that want to put down roots have the pick entice artists to live and work in the city. the same as, say, nudity during a theater of the place. When one town passes In all, there's been $1.5 billion in public production of Oh! Calcutta! But in 1991, restrictive laws, SOBs seek out others with and private investment. Nude dance joints the court said localities could require lenient regulations or, even better, no reg- just don't fit into the city's vision of its eco - dancers to cover up at least a little. It held ulations. "If neighboring smaller cities noetic picture. Strip clubs "do nothing but that an Indiana indecency law requiring don't have ordinances, these businesses do tear us down and begin the process of erotic dancers to wear pasties and G pop up in strip malls," says LaRue. "And decay," says Mayor Vincent A. Cianci Jr. strings was constitutional. Since then, the problem with strip malls is there's usu- "I have no room for that. It doesn't other cities have been passing laws ally a residential area right behind the enhance our image." against completely nude dancing. In parking lot" Like the rest of the communities in many cases, courts have upheld ordi- But whatever legal steps a local govern- America, Providence did not have the V r nances that require the dancers to put on ment may be able to think up, it has option of simply declaring that nude danc- - §ome. covering. But writing these ordi- r. become clear that sexually oriented busi- ing was bad for the city and sending =naneeq-#o sauryive g IegaLchallenge and nesses are heading for suburbia. When a notices to the clubs to go away. The t4en ti" ing te-enMrce them in minute big city such as Providence goes after these Supreme Court precluded that. But Prov- .�. -thin s mors of=a burden. than many , businesses, it creates a chain reaction that idence did have the constitutional right to -'coftnUities wmi to t�4e 64. makes surrounding towns vulnerable. scrutinize what was going on inside the 1L.I I- E " OG' "" — et 1997 if Webb ChaAPS Ab Bra 11 oro Ask* clubs, and that is what it began doing. During undercover sting operations, police found plenty to work with. There were clubs offering nude dancing that didn't have adult entertainment licenses. There were clubs with adult entertain- ment licenses where the dancers were flashing much more than was allowed under the local definition of acceptable nudity, which precludes total exposure of the buttocks. In three cases, officers found evidence of prostitution. Altogether, police have made more than 25 arrests at clubs in Providence during the past year. By strictly enforcing its laws, Provi- dence was able to shut down Cherry's, Tramps and Cabana Girls without too much difficulty. A little intimida- tion didn't hurt. Uniformed police i officers hung around inside and in �- front of Cabana Girls, sometimes ` taking pictures of the customers. The American Civil Liberties Union protested this tactic. Cianci says the clubs dug their oven graves. " if they didn't violate the law, we probably would not have cause to go in there," he says. "We have people; hitting each other with mallets, oral sex going on in back rooms in some places, chains, whips. This thing was getting out of hand." While Cianci has been seeking to harass strip clubs out of Provi- dence, nearby Boston has been focusing a bright light on the Com- bat Zone, a 10 -square -block neon sanctuary for porn stores and strip joints created in 1974 to keep all h adult businesses in a single section iT of town. At one time, about 30 adult entertainment establishments vied for customers in the Combat Zone. But the area is within walling distance of downtown shopping, parks, historic sites and govern- ment buildings, and the city administrations of the 1990s = have been eager to see SOBs fade away. In an effort to kill off the Combat Zone for good, Boston decided to invest $8 million in lighting and infiastructure improvements. As in Provi- dence, the campaign has been helped by a healthy economy. Real estate values have shot up. Investors are searching for downtown locations. Building owners who don't renew leases of adult businesses are more likely than in the past to find respectable tenants willing to come in. v'V AD `J l And Mayor Thomas M. Menino is pr oar P,gnang's, ann g "Mini -Peep _ moting the whole changeover. The sex u Booths.-�4t halo at are _ business entrepreneurs complain that the locke-d shut....." city is twisting the arms of building owners _ n - , not to renew leases of sexually oriented tis only a matter of time beforFeVe)= businesses.. - "'"" itics of Pornosprawl play outYn many In any case, the Combat Zone is shriv- I places around the country where sex- eling up. A branch of the state Registry of ual businesses are gradually being forced Motor Vehicles is about to move into the beyond the city limits. historic Liberty Tree building on Wash- In Washington D.C., a stretch of 14th ington Street, next door to the Liberty Street formerly home to strip clubs and Book II, which advertises "25o peeps, live triple -X video stores now is lined with nude girls, total privacy and XXX videos" boutique shops and gourmet food and on its yellow opaque window's. Nearby, a cappuccino establishments. New York's Malaysian restaurant named Penang Times Square has ceased to be a haven for -- hard-core pornographic businesses and has become y l - home to a multiplex cin- _ I -# ema, a Disney Store, and ' a a Virgin Megastore, the "- world's largest music emporium. Even Bal- " - timore is seeking to sani- fIi,l 1 _ tize its infamous Block, = fill where Blaze Starr once performed, suspending adult -entertainment '- - licenses for violations of the a R law, and sending police 3 undercover to find prostitu- tion among club employees. ROYAL� •� r� '` x,[ -: Not all of the change is a ; result of government harass - 1$ ment. Natural market forces of gentrification are responsible C for part of it; so is the technol- ogy that allows people to view pornography in private. "With U?Tyr~ technology, people don't have to Bd� leave home, says Kelley Quinn - COMP1FX� �" - of the Boston Redevelopment Authority. With the advent of 'CRs, 1-900 numbers and the _ ��• . Internet, some of these people are going out of business. " But not all of them are going out of business, and the ones that stay in operation have to locate some- _ where, even if all they want to do is - sell X-rated videos. Increasingly, the new target is a community that stands next to a hard-core adult porno never saw it coming, never envisioned shop, and yet lines for the restaurant snake being a victim of the dispersal process. out the door on weekend nights. "There's Towns that find themselves unprepared no more Combat Zone," boasts Jimmy for Pornosprawl essentially have two basic Toh, manager of Penang. choices in deciding how to deal with it. Toh is exaggerating a little. There still One is to do as Boston did 20 years ago, is a Combat Zone. But it is coming to concentrating SOBS in one place so few consist of a handful of sex establishments other neighborhoods are affected. But the and a few ghosts—like the rusted out area selected never likes it. "When they're sign on a brick wall around the corner allowed to cluster, the adverse effects October 1997 i 1 1 E 1 1 1 1 i 51 exponentially increase," says LaRue. The other method is to dispers businesses around town, keeping apart from schools, churches and other. That usually leaves industrial, ufacturing or agricultural areas as t locations. This creates problems of its The town of Johnston thought it had found a solution by planning to zone future adult businesses along a t acre strip within sniffing distance c Central Landfill, the trash dump fo entire state of Rhode Island. Johnsto: ured the area would not be economi feasible or palatable to the proprietc adult businesses. But the local council didn't take account the feelings of residents w homes were near the landfill. They had learned to live with one blight. That didn't mean they wanted another one dumped on them. "It was done with good thought, but there's no way I was going to consent," says Mary Cerra, the district's council- woman. "You don't give me the landfill and then give the people in my district with patrons. Three of the city's 10 strip clubs have challenged the constitutionality of the law. Other towns have been reduced to regulating how many feet away dancers must stay from the patrons. Those distance limits essentially put a stop to couch, lap and table dancing and to cus- tomers leaning toward dancers with dol- lar bills to tuck into G-strings. Still others have decreed that no estab- Skid Row as well." The idea was dropped. Given the headaches of trying to fight SOBs with zoning, some communities have looked for more creative tactics to regulate and clamp down on adult enter- tainment. Lexington, Kentuckv, besides trying to ban nudity, passed a law requir- ing a license fee of S6A)0 for the clubs and $$100 for any employee who has contact 12 1 1 11 1 1 1 1 1 October 1997 lishment may offer both liquor and nude entertainment. That reduces some of the rowdiness connected with drunken patrons, but it doesn't necessarily shut down clubs or provide an Ozzie -and -Har- riet -like neighborhood for nearby residents. Instead, such regulations have spawned a category of strip joints that provide nude dancers and nonalcoholic beverages. "They serve soft drinks and orange juice and charge a cover," says LaRue. "You might be paying $10 for a glass of orange juice.' When Silhouettes Restaurant, a top- less club in New Haven, Connecticut, lost its liquor license, it opened up as a juice bar and went totally nude. Since liquor was no longer being served, the age of admission dropped from 21 to 18, and since the club was no longer regu- lated by liquor laws, it could stay open later than bars. Last year, New Haven passed a zoning ordinance to control where any adult business can locate, but the law has been challenged, and the case is pending. Governments that lose in court can be forced to live with some unpalatable con- sequences. That's what happened in Port- land, Oregon, after courts in that state all but eliminated local authority to regulate where strip clubs could and couldn't locate. The city used to have an ordinance keep- ing adult entertainment a certain number of feet away from schools and residences. and another one banning nude dancing in bars serving liquor. Both were overturned by the state Supreme Court in the late 19SOs. The court ruled the ordinances were overly broad and violated the state constitution's protection of fren expression. Portland did not attempt to draft a new version. When the city rewrote its zoning code in 1991 to align it with the court's ruling, it left out all specific ref- erences to adult businesses. The current code considers a pornographic video store to be a retail establishment like any other. It treats all bars the same whether they feature nude dancing or not. Ln Portland, explains Mike Hayakawa, a ueaacuP4omgrap& senior city planner, "a bar is a bar whether someone is dancing with clothes on or someone is dancing without clothes on. If it's retail sales and service, whether they're selling bagels, or books, or books with cer- tain content, they're regulated the same way." The only thing Portland can do is regulate for litter and noise,. As a result, sexually oriented businesses now can be found near homes, schools and grocery stores all over Portland. In some parts of town where adult businesses have congregated, the quality of the neighbor- hoods has deteriorated markedly. "Once you have a lingerie business next door to an adult video store and a nudie joint, it begins to erode the sense of com- munity to have men come in for all that action," admits Mike Sanderson, regula- tory specialist with the city's Bureau of Licensing. Property values drop, and the area becomes vulnerable to being turned over to the sex industry completely. Pros- titutes come in, Sanderson says, because the sex trade has served to "centralize a basket of customers. o community in the country would want to be stuck with Portland's pornosprawl problem. For most towns, the best option may simply be to have something on the books before the clubs arrive, as a way of at least placing an obstacle in their path. Grafton, a Massachusetts town of 4,800, less than an hour from Boston, may or may not have been thinking about Pornosprawl and the Combat Zone when it recently proposed to restrict the location of adult businesses and require them to get a spe- cial permit—even though there are cur- rently no such businesses in town. The plan will be voted on later this month. Grafton is not the only Massachusetts town that has been moving in that direc- tion. In recent months, the nearby towns of Shrewsbury, Westboro and Northboro have all passed similar laws. In retrospect, the town of Johnston admits that it probably should have done something like that before this past Janu- ary, before Mario's ever applied for its entertainment license. Other Rhode Island towns—Burrillville, Foster, North Providence, Scituate and Smithfield— have acted preemptively to try to ward o$ the establishment of SOBS. But somehow, naively as it seems now, Johnston never expected a strip club to move in. "Issues pop up all the time around the country," says Milan Azar, the city solicitor. "It's hard to anticipate what might come up while you have real prob- lems sitting on the desk." At the moment, however, strip clubs are a very real problem sitting on the solici- tor's desk. Despite the passage of three separate anti -pornography ordinances— one forbidding nudity where liquor is served, one zoning strip clubs away from schools and churches, and one requiring a special adult entertainment" license— the topless dancing at Mario's goes on, fea- turing entertainment in a `nude room," while legal challenges prooeed in Superior Court. .If he could go back in time, Azar says, he would have made sure Johnston acted sooner to protect itself, before Mario's metamorphosed into a "show place" with the windows blacked out. "We didn't get around to it," Azar says, "until the wolfwas at the door." p `Bi -Tech and %nGud do it A" `loon ctive fund acoauntiog wftwam" `Govemmmt GL, N4edq and payroll." As L� AA�r' 'Ptatfofa manapoxot gimme." 'Pe fnm u= meamretaent ruffs s." "Bi -Tech and StmGM do it all." People in gavemment and business are talking about SunGard. And no wonder. From Bi-Tedr's Integrated Fund Accounting System (IFAS) for local governments and special districts to the most massive accounting systems in the world SunGard delivers. People appreciate the security of worldwide madcet leadership in proven technology, enterprise - oriented solutions, and legendary customer service. To learn more, call (916) 891-5281 or visit our Web Site at www.bi-tech.com. BI -TECH SOFTWARE A wNaAno" CoW~Y 890 Foram Stora Chico, Cidomia 95973 O 1957 Bile* SM—M Ri*- R.—a October 1997 1 1 1 1 1 1 1 1 8 U 3d I Pool Comparison Bloomington Edina St. Louis Park Bathhouse/Mechanical' 6,000 sq. ft. 5,000 sq. ft. part of rec center Water Area 16,000 sq. ft. 18,000 sq. ft. 20,000 sq .ft. Deck Area 31,000 sq. ft. 35,000 sq. ft. 42,000 sq. ft. Misc. Area 17,000 sq. ft. 37,000 sq. ft. 47,000 sq. ft. Total Pool Enclosure Area 70,000 sq. ft. 95,000 sq. ft. 109,000 sq. ft. I Parking Spaces 353 265 261 shared with youth shared with passive shared with ice arena athletic park park plus 200 off-site spaces Pool Type 50 meter with 50 meter with Zero depth pool _ separate wading separate zero with attached pool depth pool 25 m pool Features waterslide and large water play water slide, raft slide, high dive structure water -play structure, large green areas 3d +�� ►��ta!! 14 # il!`=iiillllii„iilidlHill tli11I1!Illl Ill (�s iii! ,xc 5r rl�l�' 1II j G IV1V111 _p a kit'. " =i Ir----------------- I ; I ; I j I 1 I 1 I 1 Igj f r i I�j j I I�i o � ial I I jw� "Z g Fqr i ill sh noon 1 �� 1 � 1 I / r 11008 I 1 I 1 11 1 I 1 i r \\ --1 s m 5�'�O 31 `----"loom------ 4 H z ;--------------MOD -------------- I I J___-..___--_-_-__..r.___-__E.___J�.-_..J noon 1 � / r 11008 u � l i IS3Nj --1 s m 5�'�O i0718f1d� 1 �•�--- i tj F0. L 1 1 / 1 F� I 31 `----"loom------ 4 H z .,.W; �iV �/� i 11� � C�•I O m V !' Jzz i Ems<w =oQ • � L`� W W w� Q \ • 1jy . ` Ir �� • �a IL a u Z$: co 3 w = {rN ra a C: � cilli I' � kU • � /\ :� � ,, :0�, •. i. I W r, F W I � / J hn Jt � VJ 10 01 l.— s o: Gla' I!I air .—._ o j l uv 1 W III r� Why ' I .. � a �I II J• ; u3 n ��� , L' ,1111`11 I. I NV i`ANZ •I.1� X. � `\ll/'! 11 - a udgo ull r 3No J 1 l * I I '3 rJw z j Illt1 I Ijko wl pO 4 a SS1'N I aba In a %`1`\, ! I I 1 I i I I �sll • I 1 1 k, I ; � I� ; q�p WO i iul 1 I (�`1,�IS11� �O`rf �r, .'D• .O O.,: •Q� O darf 1. -.. - i �\ � � �• �{{lig. I A y s >� N "� ttt�ctcr'et�'. n ::\\\ darf -.. - i �\ � � �• �{{lig. I A s darf I A s darf � Special City Council Minutes • • • .... September 30, 1997/Page 3 Director of Public Works Colbert commadld: Swept dent of Utilities Sctrwanz for his excellence in coordinating personnel and servici, 63 sir-r?.::tn effort to hold the costs down. He stated that�e result of good budgeting and management practices will be reflected when the utility rates are rev'e d. After a brief discussion and questions by the City Council, Mayor Egan thanked the City Admini ator and Director of Public Works for the very favorable annual budget proposal for the water and sanit sewer utilities. City A min]strator Hedges provi quality budget. dy Council member Bh the storm drainag ater quality utility o, should no longer be Guded in the unlit Councilmember Blomq 'st further stated however, the customer not deduct th by shifting the storm draina /water qua Fund several years ago has a wed the drainage/water water quality uti progr Informational meetings and consi able budget was shifted from the Genera u support the storm drainagetwater qua] $5.60 per quarter on a residential billing. charging all parcels a storm water utility Quality Utility Management Program pro' she is in support of the program, howe fund, every effort should be made to irr Finance VanOverbeke stated that ith tf there has been no discussion or nside led'8' tletoa;rer w F;P.e pmposed 1998 storm drainagetwater' mquist statklihat she:Ma a philosophical difference with how reration is fynded. She sued that the charge for the program bills and t6o.fGtal cosf,:sjfumed to the general fund. City tha; tt e:si&Iity:fiea,.Ft3a' 10 on the utility bills is merely a tax, expense"8s al*a� -.- frector of Public Works Colbert stated that Ity utility budget from the General Fund to the Public Enterprise �Ity to charge all parcels, including tax exempt, for the storm m. Mayor Egan stated that there were several public hearings, thought giv6n at the time the storm drainagelwater quality utility id to the public Enterprise Fund. He stated that he continues to ut3ttty:� stating that the cost is very nominal at approximately an.further stated that among many justifications for rge ii.". errvtt mental results the Storm Drainage=ater aid\ar*�' mmuriti "I'd4y Councilmember Blomquist stated that inot Cpraccuichce to shift the cost back to the general !nlxef:feds'belrig tacked onto the utility bill. Director of ..6fliltersection and neighborhood street fighting, 8f other chanes to be included on utilitv bills. City Councilmember asin stated that she un ood from a comment from Water Quality Coordinator Rich Brash that ater quality was not improv Director of Parks and Recreation Vraa stated that it/inistrator nde tanding that in fact the water qu ity has improved on five of the seven class one water boe storms in July had.inpreased,.the. ru ff and that lakes were now more turbulent resh appearance of pQ4f. va# r:t i�al j : .....;.: Afteview and consideration by thottly Council; th were no changes proposed for the Storm Wy Budget. City ator Hedges presented a budgei'for the Csv'sc Arena sta g that three months of operations foond sheet of ice are included in the budgei'proposal. Af(er questions regarding depreciation and other costs, City Councilmembe concurred on the draft 19 Civic Arena Budget. Mayor Egan thanked the City Administrator and staff f all the work on the Putflic Enterprise Fund Budget and, further, that a final ratf wion of the Public Ente se Fund Budgets will be given consideration at a regular City Council n '*'ing in December. MUNICIP.iER;It�O►SR PLAN Greg Ingraham representing Ingraham and Voss, and Paul Dahlberg representing ACC Architects, both appeared to participate in the review and disc455fon of the municipal master plan proposal. City Administrator Hedges introduced the item. Citj'Ciouncilmember Wachter asked whether the County is agreeable to allow the City to use a portion of the library site? Director of Parks and Recreation Vraa stated that he has met with County staff from the Physical Development Department on site to review the concept plans. They indicate that the library may undergo an expansion in approximately ten years, and therefore they needed to study the issue and to review it with the library board and others. He went on to say that the county staff neither approved nor rejected the idea as unworkable. City Councilmember Wachter stated that Plan C provides more possible expansion alternatives for the librsry and the City. He further stated that he would like the swimming pool to have 3y Special City Council Minutes September 30, 1997/Page 4 the capability of having roof enclosure in-the#ctizr:: Mr;:?ai £iahlberg representing ACC Architects stated that the pool could be designed for a futjft: ipt.:Viir.10 *ure if the original design considers this type of expansion. He stated that the footings and other structural Infrastructure would have to be constructed to accommodate load factors for a future roof enclosure. Both Mayor Egan and City Councilmember Wachter expressed their support of concept C as presented by the consultant. City Councilmember Awada asked if either plan could accommodate a wading pool. Mr. Ingraham stated that a wading pool could be included in either of the altemativesi; #tc yr v r;....... quire additional space given the fact that a wading pool needs to be separated from the'regcifar s?rtiar;ifig X001. City Councilmember Awada raised concerns about concept C stating that the large parW p: area sN*n on the north side of the swimming pool is not convenient for the Civic Arena and asked the consull[k why he supported concept C over concept B. Mr. Ingraham stated that concept C prgji&s good y35tbility for the swimming pool which is an important marketing feature. He further state¢:tWKal's, D.Ke. :16e active pool further away from residents located on the east, utilities are r[i '*' :"aeifriom'i.*4* ib tfie parking lot provides a better direct access to the swimming pool which is an important consideration. City Administrator Hedges stated that a short term alternative for the amphitheater might be a plaza area designed for small concerts adjacent to the swimming pool. He stated that this type of concept would allow the community to enjoy concerts on a small scale and once the interest grows, an amphitheater could be built at another locifio t.... City Councilmember Masin asked thaf 'vil::`.#k:>kt ;fac.i1Ries being considered, an amphitheater, wading pool, swimming pool and parking, whether the mani 1pa] center site is adequate for these -- facilities. She stated that possibly the site should:be con4ide, t6r parking expansion and consider another location for a swimming pool and amphA ieate ; --tit-i:Cnuncilmember Wachter stated that the location in the center of the community is very:&ilriabl2 for a pool and feels there is adequate space for both parking and a swimming pool. Citber Masin stated that she is unsure about the site' and feels the uses, in addition to the parking, are not compatible given the amount of land. City Councilmember Blomquist stated that she is uncertain about the financing fora pool, stating that there are no funds available for a municipal pool complex. City Councilmember Wachter stated that the City has funds to build a swimming pool and the question before the City Council is whether those funds should be expended. City Councilmember Awada sugg'estedtfi'at'fFie*Ciiy'Council continue the discussion on the municipal center master plan until a future date and 164he meantime arrange for a tour of a municipal swimming pool such as the St. Louis Park complex.:itie further:Stated that concept B, in her opinion, would be better suited as a site for the swimming popl:.wlth sorrlE;snodification. City Councilmembers continued discussion focussed on directing the consottant to prpi'ide some modification to plan B, the City Administrator to arrange a tour of the St. Louis Paris complex aiid'continue any further consideration of the municipal center site master plan until a future work session. SECOND ICE SHEET PLANS AND SPECIFICATIONS P I Dahlberg presented revised drawings for the sec6ihd sheet of 1--e--based on the Councils previous dire ' to pull the building back to the South and to relocate -the bathrooms. In response to a question about pa he suggested tha>arypa:I,Dtlfig class five material, could be constructed in the area i lied in the sft p1ia ipid8: +f M. `:.".".. would be swimming pool parking. City Councilmembers concurred w lans for a second she of ice. but deferred a decision on the extent and location for a temporary parking lot 'I further refi ent of efi$ite master plan. After review and further consideration fo and sheet of Wby the City Council, Mayor Egan stated that by consensus of the Council, ACC a can proceed with plans and specifications for the second sheet of ice and, further tha item be Ila on a future Consent Agenda for ratification. I CITY INVESTMENT PO Y City Admi ' -rotor Hedges stated that along with Director of Fina VanOverbeke, they have discussed the -preparation of a policy statement that would establish certain dards governing the 3,5-