TITLE XI:
BUSINESS REGULATIONS
110.
PEDDLERS AND SOLICITORS
111.
SEXUALLY ORIENTED BUSINESS
112.
CABLE TELEVISION
113.
ALCOHOLIC BEVERAGES
114.
AMUSEMENTS
115.
LODGING TAX
116.
MISCELLANEOUS BUSINESS REGULATIONS
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CHAPTER 110: PEDDLERS AND SOLICITORS
Section
110.01
Definitions
110.02
Exceptions to definitions
110.03
Licensing; exemptions
110.04
Exclusion by placard
§ 110.01
DEFINITIONS.
(A)
Except as may otherwise be provided or clearly implied by context, all
terms shall be given their commonly accepted definitions.
(B) For
the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
PEDDLER. A person who goes from house-to-house, door-to-door,
business-to-business, street-to-street, or any other type of
place-to-place, for the purpose of offering for sale, displaying or
exposing for sale, selling or attempting to sell, and delivering
immediately upon sale, the goods, wares, products, merchandise or other
personnel property that the person is carrying or otherwise
transporting. The term PEDDLER shall mean the same as the
term hawker.
PERSON. Any natural individual, group, organization,
corporation, partnership or association. As applied to groups,
organizations, corporations,
partnerships and
associations, the term shall include each member, officer, partner,
associate, agent or employee.
REGULAR BUSINESS DAY. Any day during which the city hall is
normally open for the purpose of conducting public business. Holidays,
by state law, shall not be REGULAR BUSINESS DAYS.
SOLICITOR. A person who goes from house-to-house, door-to-door,
business-to-business, street-to-street, or any other type of
place-to-place, for the purpose of obtaining or attempting to obtain
orders for goods, wares, products, merchandise, other personal property
or services of which he or she may be carrying or transporting samples,
or that may be described in a catalog or by other means, and for which
delivery or performance shall occur at a later time. The absence of
samples or catalogs shall not remove a person from the scope of this
provision if the actual purpose of the person’s activity is to obtain or
attempt to obtain orders as discussed above. The term shall mean the
same as the term “canvasser.”
TRANSIENT MERCHANT. A person who temporarily sets up business
out of a vehicle, trailer, boxcar, tent, other portable shelter or empty
store front for the purpose of exposing or displaying for sale, selling
or attempting to sell, and delivering, goods, wares, products,
merchandise or other
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personal property
and who does not remain or intend to remain in any one location for more
than 14 consecutive days.
§ 110.02
EXCEPTIONS TO DEFINITIONS.
(A) For
the purpose of the requirements of this chapter, the terms
PEDDLER, SOLICITOR and TRANSIENT MERCHANT shall
not apply to any person selling or attempting to sell at wholesale any
goods, wares, products, merchandise or other personal property to a
retailer of the items being sold by the wholesaler. The terms also
shall not apply to any person who makes initial contacts with other
people for the purpose of establishing or trying to establish a regular
customer delivery route for the delivery of perishable food and dairy
products such as baked goods and milk, nor shall they apply to any
person making deliveries of perishable food and dairy products to the
customers on his or her established regular delivery route.
(B) In
addition, persons conducting the type of sales commonly known as garage
sales, rummage sales or estate sales, as well as those persons
participating in an organized multi-person bazaar or flea market, shall
be exempt from the definitions of PEDDLERS, SOLICITORS and
TRANSIENT MERCHANTS, as shall be anyone conducting an
auction as a properly licensed auctioneer, or any officer of the court
conducting a court-ordered sale. Exemption from the definitions for the
scope of this chapter shall not excuse a person from complying with
other applicable statutory provision or local ordinance.
§ 110.03
LICENSING; EXEMPTIONS.
County
license required. No person shall conduct business as a peddler,
solicitor or transient merchant within the city limits without first
having obtained the appropriate license from the county as required by
M.S. Chapter 329 as it may be amended from time to time.
§ 110.04
EXCLUSION BY PLACARD.
No
peddler, solicitor or transient merchant, unless invited to do so by the
property owner or tenant, shall enter the property of another for the
purpose of conducting business as a peddler, solicitor or transient
merchant when the property is marked with a sign or placard at least
four inches long and four inches wide with print of at least 48 point in
size stating “No Peddlers, Solicitors or Transient Merchants,” or
“Peddlers, Solicitors and Transient Merchants Prohibited,” or other
comparable statement. No person other than the property owner or tenant
shall remove, deface or otherwise tamper with any sign or placard under
this section.
Penalty, see §
10.99
CHAPTER 111: SEXUALLY ORIENTED BUSINESS
Section
111.01
Purpose; findings and conclusions
111.02
Definitions
111.03
Classifications
111.04
License required; issuance of fees
111.05
Inspection of premises
111.06
Expiration, suspension or revocation
111.07
Transfer of license
111.08
Location requirements
111.09
Adult motels
111.10
Live entertainment; theaters
111.11
Escort agencies
111.12
Nude modeling studios
111.13
Public nudity
111.14
Children prohibited in a sexually oriented business
111.15
Hours of operation
111.16
Exemptions
111.17
Injunction
§ 111.01
PURPOSE; FINDINGS AND CONCLUSIONS.
(A)
Purpose.
(1) It is the purpose of this chapter to regulate sexually oriented
businesses in order to promote the health, safety, morals and general
welfare of the citizens of the city, and to establish reasonable and
uniform regulations to:
(a) Prevent the
deleterious location and concentration of sexually oriented businesses
within the city;
(b) Prevent additional criminal activity within
the city;
(c) Prevent deterioration of neighborhoods and
its consequent adverse effect on real estate value of properties within
the neighborhood;
(d) Locate sexually oriented businesses away
from schools, churches, residential properties, day-care centers, teen
centers, libraries, parks, commercial recreational facilities for minors
and businesses selling alcoholic beverages; and
(e) Prevent the spread of sexually transmitted
diseases.
(2) The provisions of this chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this ordinance to restrict
or deny access by adults to sexually oriented materials protected by the
First Amendment, or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their
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intended market.
Neither is it the intent nor effect of this chapter to condone or
legitimize the distribution of obscene material.
(B)
Findings. Based on evidence concerning the adverse secondary
effects of adult uses on the community presented in hearings and in
reports made available to the Council, and on findings incorporated in
the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S.
41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976),
and North End Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash.
1978), and on studies in other communities including, but not limited to
Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis,
Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas;
Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas; and
also on findings found in the Report of Attorney General’s Working
Group on the
Regulation of
Sexually Oriented Businesses,
(June 6, 1989, State of Minnesota), the Council finds:
(1) Sexually oriented businesses in the city lend themselves to
ancillary unlawful and unhealthy activities that are presently
uncontrolled by the operators of the establishments. Further, there is
presently no mechanism to make the owners of these establishments
responsible for the activities that occur on their premises;
(2) Certain employees of sexually oriented businesses defined in this
chapter as adult theaters and cabarets engage in higher incidence of
certain types of sexually oriented behavior at these businesses than
employees of other establishments;
(3) Sexual acts, including masturbation, oral and anal sex, occur at
sexually oriented businesses, especially those which provide private or
semi-private booths or cubicles for viewing films,
videos or live
sex shows, as defined under this chapter adult book stores, adult
novelty shops, adult video stores, adult motion picture theaters or
adult arcades;
(4) Offering and providing the space, encourages the activities, which
create unhealthy conditions;
(5) Persons frequent certain adult theaters, adult arcades and other
sexually oriented businesses for the purpose of engaging in sex within
the premises of the sexually oriented businesses;
(6) At least 50 communicable diseases may be spread by activities
occurring in sexually oriented businesses, including, but not limited
to syphilis, gonorrhea, human immunodeficiency virus infection
(AIDS), genital
herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and
shigella infections;
(7) Since 1981 and to the present, there has been an increasing
cumulative number of reported cases of AIDS caused by the human
immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in
1983; 4,600 in 1984; 8,555 in 1985; and 253,448 through December 31,
1992;
(8) The number of cases of early (less than one year) syphilis in the
United States reported annually has risen, with 33,613 cases reported in
1982 and 45,200 through November of 1990;
(9) The number of cases of gonorrhea in the United States reported
annually remains at a high level, with over one-half million cases being
reported in 1990;
(10) The surgeon general of the United States in his report of
October 22, 1986, has advised
Sexually Oriented Business 7
the American
public that AIDS and HIV infection may be transmitted through sexual
contact, intravenous drug abuse, exposure to infected blood and blood
components, and from an infected mother to her newborn;
(11) According to the best scientific evidence, AIDS and HIV
infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts;
(12) Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are
unhealthy, and in part, because of the unregulated nature of the
activities and the failure of the owners and the operators of the
facilities to self-regulate those activities and maintain those
facilities;
(13) Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view “adult”
oriented films;
(14) The findings noted in divisions (1) through (15) herein raise
substantial governmental concerns;
(15) Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those
substantial governmental concerns;
(16) A reasonable licensing procedure is an appropriate mechanism to
place the burden of that reasonable regulation on the owners and the
operators of the sexually oriented businesses. Further, such a
licensing procedure will place a heretofore nonexistent
incentive on the
operators to see that the sexually oriented business is run in a manner
consistent with the health, safety and welfare of its patrons and
employees, as well as the citizens of the city. It is appropriate to
require reasonable assurances that the licensee is the actual operator
of the sexually oriented business, fully in possession and control of
the premises and activities occurring therein;
(17) Removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial
governmental interest in curbing the illegal and unsanitary sexual
activity occurring in adult theaters;
(18) Requiring licensees of sexually oriented businesses to keep
information regarding current employees and certain past employees will
help reduce the incidence of certain types of criminal behavior by
facilitating the identification of potential witnesses or suspects and
by preventing minors from working in such establishments;
(19) The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance of
the sexually oriented business, where the information is substantially
related to the significant governmental interest in the operation of the
uses, will aid in preventing the spread of sexually transmitted
diseases;
(20) It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain
employees who may engage in the conduct which this chapter is designed
to prevent or who are likely to be witnesses to the activity;
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(21) The fact that an applicant for an adult-use license has been
convicted of a sexually related crime leads to the rational assumption
that the applicant is likely to engage in that conduct in contravention
of this chapter;
(22) The barring of the individuals from the management of adult uses
for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases;
(23) The general welfare, health and safety of the citizens of the
city will be promoted by the enactment of this chapter;
(24) The community goals identified in the comprehensive plan of the
city include encouraging orderly urban development, maintaining older
neighborhoods with affordable homes to provide housing for low and
moderate income families, encouraging residents to rehabilitate and
repair existing housing units, providing zoning densities which will
allow subsidized housing construction, conserving the values of
buildings, and encouraging the most appropriate use of land throughout
the community;
(25) The city has recently completed a main street renovation
project. The goals of that project included improving the competitive
position downtown in relation to other commercial centers, enhancing the
attractiveness and enjoyment of the downtown for shoppers, visitors and
tourists, and restoring as much of the downtown’s historic or
traditional character as possible;
(26) The city has frequently established a goal of maintaining and
enhancing the business district as a primary retail and service center
through a
comprehensive
private/public sector approach to economic development leading to
strengthening the economic base, encouraging business investment,
providing needed consumer goods and services and generating the local
tax base and employment opportunities;
(27) As expressed in M.S. § 617.291, as it may be amended from time
to time, it is the declared policy of this state to prevent commercial
exposure of minors to sexually provocative written, photographic,
printed, sound or published materials as defined therein which are
deemed harmful to minors;
(28) The city has had at times a downtown teen center which makes the
downtown area a gathering place for teenage children;
(29) The city and the area have limited law enforcement officers on
duty after the hour of 12:00 midnight;
(30) Adult entertainment uses have an impact on the neighborhoods
surrounding them which is distinct from the impact caused by other
commercial uses;
(31) Residential neighborhoods located within close proximity to
adult theaters, bookstores and other adult entertainment uses experience
increased crime rates (sex-related crimes in particular), lowered
property values, increased transiency and decreased stability of
ownership;
(32) The adverse impacts which an adult entertainment use has on
surrounding areas diminish as the distance from the adult entertainment
use increases;
Sexually Oriented Business 9
(33) Studies of other cities have shown that among the crimes which
tend to increase either within or in the near vicinity of adult
entertainment uses are rapes, prostitution, child molestation, indecent
exposure and other lewd and lascivious behavior;
(34) The City of Phoenix study confirmed that the sex crime rate was
on an average six times higher in areas with at least one adult
entertainment use as it was within comparable areas of their city
without adult uses;
(35) The Tucson, Arizona, study found that police officers found a
wide variety of illegal conduct at all adult entertainment businesses;
(36) The Garden Grove, California, study found that crime increased
significantly with the opening of an adult business, the expansion of an
existing business or the addition of a bar nearby. Homicide, rape,
robbery, burglary, assault, theft and auto theft increased 300% in one
year within 1000 feet following the opening of a bar less than 500 feet
from an adult business;
(37) 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 entertainment uses;
(38) The adverse impact of adult uses on commercial area is increased
by the presence of more than one adult entertainment use in close
proximity to another use;
(39) The number and rate of real estate listings increase in areas in
which adult entertainment uses are located;
(40) 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;
(41) The Oklahoma City study concluded that sexually oriented
businesses have a negative effect on property values, particularly
residential properties. The concentration of sexually oriented
businesses may mean large losses in property values;
(42) The Seattle, Washington study found that patrons of topless
dance halls most often are not residents of nearby neighborhoods.
Without community identity, behavior is less inhibited. Increased police
calls to a business, sirens and traffic hazards from police and
emergency vehicles are not conducive to healthy business and residential
environments;
(43) Many members of the public perceive areas within which adult
entertainment uses are located as less safe than other areas which do
not have such uses;
(44) Sexually oriented businesses can exert a dehumanizing influence
on persons attending churches, children attending licensed day-care
centers and schools, and people using parks and libraries;
(45) The concern over sexually transmitted diseases is a legitimate
health concern of the city which demands reasonable regulation of
sexually oriented businesses to protect the health and well-being of the
citizens; and
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(46) Intoxication, particularly when combined with adult
entertainment, leads to the increased likelihood of fights, disorderly
conduct and other illegal activities.
(C)
Conclusions. Based on the findings of the Council, the Council
concludes:
(1) The impacts which adult entertainment uses have on surrounding
areas should be addressed through a distinct set of land-use regulations
directed specifically at such adult entertainment uses and through
licensing;
(2) Adult entertainment land-uses should not be located in close
proximity to buildings or facilities where children are the dominant
clientele or patrons of the service, products or facility usage offered
by the building or facility;
(3) The existing land-use regulations of the city inadequately address
the unique impacts which adult entertainment uses have on surrounding
neighborhoods and fail to adequately foster the community goals declared
in the comprehensive plan, the central business district plan, and in
state law;
(4) Adult entertainment uses should be located in areas of the city
which are not in close proximity to churches, parks, schools, teen
centers, licensed day-care centers and public libraries;
(5) Regardless of whether or to what extent adult entertainment uses
have currently had an adverse impact on the areas surrounding them in
this city, the experience of other cities, as documented in the numerous
studies considered, confirms that regulation of adult entertainment uses
is essential to prevent future deterioration of surrounding
neighborhoods and adverse social impacts associated with such uses;
(6) The
concerns which have prompted a public hearing in this city are similar
to the concerns which motivated the communities of Indianapolis,
Indiana; Tucson, Arizona; Garden Grove, California; Oklahoma City;
Phoenix, Arizona; and Seattle, Washington. Consequently, the results of
those studies are relevant to the existing or foreseeable impacts which
the uses can have on the areas surrounding them in this city;
(7) The concentration of adult entertainment uses in commercial areas
or the location of adult entertainment uses in close proximity to
residential uses, churches, parks, licensed day-care centers, libraries
and schools will result in devaluation of property values and decreases
in commercial business sales, thereby reducing tax revenues to the city
and adversely impacting the economic well-being of the citizens of the
city;
(8) Location of adult entertainment uses in proximity to residential
uses, churches, parks, licensed day-care centers, teen centers,
libraries and school would lead to increased levels of criminal
activities, including prostitution, rape, assaults and other sex-related
crimes in the vicinity of adult entertainment uses;
(9) Regulation of the uses is essential to ensure that community
values are protected;
(10) The City Council desires to prevent the adverse effects of adult
entertainment and thereby protect the health, safety and welfare of the
citizens, protect the citizens from increased crime, preserve the
quality of life, preserve the property values and character of
surrounding neighborhoods, and deter the spread of urban blight;
Sexually Oriented Business 11
(11) Licensing is a legitimate and reasonable means of accountability
to ensure that operators of sexually oriented businesses comply with
reasonable regulations and to ensure that operators do not knowingly
allow their establishments to be used as places of illegal sexual
activity or solicitation; and
(12) It is not the intent of the city in enacting any ordinance
addressing these findings and conclusions to suppress any speech
activities protected by the First Amendment, but to enact a content
neutral ordinance which addresses the secondary effects of adult
entertainment as well as the health problems associated with the
businesses.
(Ord. 95-588,
passed 3-20-1995)
§ 111.02
DEFINITIONS.
For the
purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or
invited wherein coin-operated, slug-operated, or for any form of
consideration, or electronically, electrically or mechanically
controlled still or motion picture machine, projectors, video or laser
disc players, 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 the
depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.
(1) A commercial establishment which, as one of its principal
purposes, offers for sale or rental for any form of consideration any
one or more of the following:
(a) Books,
magazines, periodicals or other printed matter, photographs, films,
motion pictures, video cassettes or video reproductions, slides, or
other visual representations which are characterized by the depiction or
description of specified activities or specified anatomical areas; or
(b) Instruments, devices or para-phernalia which
are designed for use in connection with specified sexual activities.
(2) A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified
anatomical areas and still be categorized as ADULT BOOKSTORE,
ADULT NOVELTY STORE or ADULT VIDEO STORE. Other
business purposes will not serve to exempt commercial establishments
from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE
or ADULT VIDEO STORE so long as one of its principal
business purposes is the offering for sale or rental for consideration
the specified materials which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas.
ADULT CABARET. A nightclub, bar, restaurant or similar
commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nude;
(2) Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
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(3) Films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas.
ADULT MOTEL. A motel, hotel or similar commercial establishment
which:
(1) Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas; and has a
sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less
than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room
for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where,
for any form of consideration, films, motion pictures, video cassettes,
slides or similar photographic reproductions are regularly shown which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium or similar
commercial establishment which regularly features persons who appear in
a state of
nudity or
semi-nude, or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
EMPLOYEE. A person who performs any service on the premises of
a sexually oriented business on a full-time, part-time or contract
basis, whether or not the person is denominated an employee, independent
contractor, agent or otherwise and whether or not the person is paid a
salary, wage or other compensation by the operator of the business.
EMPLOYEE does not include a person exclusively on the
premises for repair or maintenance of the premises or equipment on the
premises, or for the delivery of goods to the premises.
ESCORT. A person who, for consideration, agrees or offers to
act as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY. A person or business association who furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any sexually oriented business as a
new business;
(2) The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(3) The additions of any sexually oriented business to any other
existing sexually oriented business; or
Sexually Oriented Business 13
(4) The relocation of any sexually oriented business.
LICENSEE. A person in whose name a license to operate a
sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a license; and in the case
of an employee, a person in whose name a license has been issued
authorizing employment in a sexually oriented business.
NUDE
MODEL STUDIO. Any place where a person who appears semi-nude,
in a state of nudity, or who displays specified anatomical areas and is
provided to be observed, sketched, drawn, painted, sculptured,
photographed or similarly depicted by other persons who pay money or any
form of consideration. NUDE MODEL STUDIO shall not
include a proprietary school licensed by the State of Minnesota or a
college, junior college or university supported entirely or in part by
public taxation; a private college or university which maintains and
operates educational programs in which credits are transferable to a
college, junior college or university supported entirely or partly by
taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure and no
other advertising that indicates a nude or semi-nude person is available
for viewing;
(2) Where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises
at any one time.
NUDITY
or STATE OF NUDITY. The showing of the human male or
female genitals, pubic area, vulva, anus, anal cleft or cleavage with
less than a fully opaque covering, the showing of the female breast with
less than a fully opaque covering of any part of the nipple, or the
showing of the covered male genitals in a discernible turgid state.
PERSON. An individual, proprietorship, partnership,
corporation, association or other legal entity.
SEMI-NUDE or SEMI-NUDE CONDITION. The showing of
the female breast below a horizontal line across the top of the areola
at its highest point or showing of the male or female rear of the body
which lies between two imaginary lines running parallel to the ground
when a person is standing, the first or top of such line drawn at the
top of the cleavage of the nates and second or bottom line drawn at the
lowest visible point of the cleavage or the lowest point of the
curvature of the fleshy protuberance, whichever is lower, and between
two imaginary lines on each side of the body, which lines are
perpendicular to the ground and to the horizontal lines described above,
and which perpendicular lines are drawn through the point at which each
nate meets the outer side of each leg. This definition shall include
the entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast,
exhibited by a dress, blouse, skirt, leotard, bathing suit or other
wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise
that, as one of its principal business purposes, offers for any form of
consideration:
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(1) Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the
same sex when one or more of the persons is in a state of nudity or
semi-nude.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore,
adult novelty store, adult video store, adult cabaret, adult motel,
adult motion picture theater, escort agency, nude model studio or sexual
encounter center.
SPECIFIED ANATOMICAL AREAS.
(1) The human male genitals in a discernibly turgid state, even if
completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above the
top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:
(1) Prostitution or promotion or prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a minor;
sexual performance by a child; possession or distribution of child
pornography; public lewdness; indecent exposure; indecency with a child;
engaging in organized criminal activity; sexual assault; molestation of
a child; gambling; or distribution of a controlled substance; or any
similar offenses to those described above under the criminal or penal
code of other state or countries;
(2) For which:
(a) Less than two years have elapsed since the
date of conviction or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is of a
misdemeanor offense;
(b) Less than five years have elapsed since the
date of conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction is of a
felony offense; or
(c) Less than five years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of two
or more misdemeanor offenses or combination of misdemeanor offenses
occurring within any 24-month period | 