CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-2200
ADULT ORIENTED BUSINESSES

5-2201 Purpose. The City Council of the City of Coon Rapids recognizes that adult oriented businesses, because of their very nature, have serious objectionable operational characteristics thereby having a deleterious effect upon the use and enjoyment of adjacent areas and upon the public health, safety and welfare. Special regulation of these establishments is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood, and will not otherwise jeopardize the public health, safety, and welfare through the increase in crime rate or the spread of sexually transmitted diseases.

5-2202 Definitions. Whenever used in this chapter, the following words or phrases shall have the meanings ascribed to them:

(1) “Adult oriented business” includes, but is not limited to,

(a) Adult body painting studios, adult bookstores, adult cabarets, adult conversation or rap parlors, adult entertainment centers, adult health or sports clubs, adult hotels or motels, adult massage parlors, adult modeling studios, adult motion picture theaters, adult novelty businesses, adult saunas, or steam rooms;
(b) any business that is conducted exclusively for the patronage of adults and that excludes minors from the premises, either by operation of law or by the owners of the business;
(c) any business that (i) derives 25% or more of its gross receipts during any calendar month from, or (ii) devotes 25% or more of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to customers) to items, merchandise, devices, or other materials distinguished or characterized by an emphasis or material depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas;
(d) any premises to which public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separated from the common areas of the premises for the purposes of viewing adult oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

(2) “Adult body painting studio” means an establishment that provides the service of applying paint, ink, or other substance, whether transparent or non-transparent, to the body of patron who is nude or displays any specified anatomical area.
(3) “Adult bookstore" means an establishment having as a portion of its stock in trade for sale, rent, lease, inspection or viewing books, films, video cassettes, audio cassettes, magazines or other periodicals or similar materials if: (a) the establishment is either conducted exclusively for the patronage of adults or excludes minors from patronage, either by operation of law or by the owners of the business; (b) the business derives a substantial or significant portion of its stock in trade from, or 25% or more of its gross receipts during any calendar month from, or devotes 25% or more of its floor are (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to customers), to materials distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
(4) “Adults cabaret” means an establishment that provides live entertainment distinguished or characterized by an emphasis on: (a) the depiction of specified sexual activities or specified anatomical areas; or (b) the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feeling or desire.
(5) “Adult conversation parlor” or “Adult rap parlor” means an establishment that excludes minors and that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) “Adult entertainment” means exhibition of any motion picture, live performance, display, or dance which has as its dominant theme, or is distinguished or characterized by an emphasis on, actual or simulated specified sexual activities or specified anatomical areas or the removal of articles of clothing or appearing partially or totally nude.
(7) “Adult entertainment center” means an establishment, which contains one or more coin operated mechanisms which when activated permit a customer to view adult entertainment, or a live person unclothed or in such attire, costume or clothing as to expose to view any specified anatomical areas, or the charging of admission or fee for the viewing of any such activity.
(8) “Adult health club” or “Adult sport club” means a sport or health club that excludes minors and that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(9) “Adult hotel” or “Adult motel” means a hotel or motel that excludes minors and that presents material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(10) “Adult massage parlor” means a massage parlor, or health club, or sports club that provides massage, that excludes minors and that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(11) “Adult modeling studio” means an establishment that provides persons who engage in specified sexual activities or display specified anatomical areas while being observed, painted, drawn or painted upon, sketched, sculptured, photographed, or otherwise depicted, where the effect is to provide sexual stimulation or sexual gratification to the model or the viewer.
(12) “Adult motion picture theater" means an establishment used regularly and routinely for presenting programs containing material having a dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
(13) “Adult novelty business” means an establishment or business that derives a substantial or significant portion of its stock in trade from, or 25% or more of its gross receipts during any calendar month from, or devotes 25% or more of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to customers), to materials depicting specified sexual activities or specified anatomical areas, or to devices that either stimulate human genitals, or are designed for sexual stimulation of gratification.
(14) “Adult sauna”, “Adult steam room”, or “Adult bathhouse” means an establishment that excludes minors and provides sauna, steam room, or bath service used for the purpose of bathing, relaxation, or reducing, where the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(15) “Coin operated mechanisms” means any device which permits a patron to view adult entertainment through the depositing of coins, currency, tokens, credit cards, or similar means.
(16) “Nude” or "Nudity" means the showing of specified anatomical areas.
(17) “On-premises consumption” means a use that permits a patron to view or engage in adult entertainment, or at which occurs specified sexual activities, either on the business premises or on any area adjacent to the premises under the control of the business.
(18) “Operator” means any person, partnership or corporation operating, conducting, maintaining or owning any adult oriented business.
(19) “Sadomasochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(20) “Specified anatomical areas” means:

(a) Less than completely and opaquely covered human male or female genitals, pubic region, buttocks, and female breasts below a point immediately above the areola; or
(b) Human male genitals in a discernable turgid state, even if opaquely covered.

(21) “Specified sexual activities” means stimulated or actual:

(a) Showing of human genitals in a state of sexual stimulation or arousal.
(b) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cunnilingus.
(c) Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts. [Revised 1/19/99, Ordinance 1654]

5-2203 Location Restrictions.

(1) No adult oriented business shall be operated or maintained except as authorized by Section 11-1863.[Revised 1/19/99, Ordinance 1654]

5-2204 Sign Requirements. All businesses regulated under this chapter shall comply, in addition to the requirements of City Code Chapter 11-2100, with the following sign requirements:

(1) All signs shall be wall signs.
(2) No merchandise or pictures of products or entertainment depicting specified sexual activities or specified anatomical areas shall be displayed in so as to be viewable from any private area not owned or under control of the business, any public or semipublic area, or by juveniles. “Semipublic” here means any real property, or portion thereof, including parking, roadway, walkway, or other appurtenant areas, to which the public has an implicit right of access, including, but not limited to, places of worship, shopping malls, towing and impound lots, retail sales facilities, hotels, motels, nursing homes, restaurants, multiple dwellings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters, and day care facilities. [Revised 4/6/99, Ordinance 1659]
(3) Window areas shall not be covered or made opaque in any way.
(4) No sign shall be placed in any window.
(5) A one square foot sign shall be placed on the door of the establishment to state hours of operation and admittance to adults only.
(6) Where any provisions of this section conflict with City Code Chapter 11-2100, the provisions of this section shall prevail.

5-2205 Physical Layout of Business. Any adult oriented business having available for customers, patrons or members, a booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirement:

(1) Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult oriented establishment and shall be unobstructed by any door, lock or other control type devices.
(2) Construction. Every booth, room or cubicle shall meet the following construction requirements:

(a) Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a wall.
(b) Have at least one side totally open to a public lighted aisle so there is an unobstructed view at all times of anyone occupying the area.
(c) All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, non-absorbent, smooth textured and easily cleanable.
(d) The floor must be light colored, non-absorbent, smooth textured and easily cleanable.
(e) The lighting level of each booth, room or cubicle when not in use shall be a minimum of 10 foot candles at all times, as measured from the floor.

(3) Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.

5-2206 License Required.

(1) Except as provided in Section 5-2214 below, from and after the effective date of this ordinance no adult oriented business shall be operated or maintained in the City of Coon Rapids without first obtaining a license to operate issued by the City.
(2) A license may be issued for only one adult oriented business located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one adult oriented business shall have a separate license for each such business.
(3) No license or interest in a license may be transferred to any person, partnership or corporation.

5-2207 Application for License.

(1) Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk.
(2) The application for a license shall be upon a form provided by the City.
(3) An applicant shall furnish the following information:

(a) Names, addresses and dates of birth of applicant and spouse if any.
(b) Written proof that the applicant is at least eighteen years of age.
(c) Address of the adult oriented business to be operated by the applicant.
(d) The name of the City, County and State, if any, where the applicant previously operated an adult oriented business.
(e) Whether the applicant has ever been convicted of a felony involving sexual conduct, the use or distribution of controlled substances or the use or distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction in which the offense or offenses occurred. The applicant may attach any explanation he or she deems appropriate.
(f) If the applicant is a corporation, the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all share holders owning more than five percent of the stock in said corporation and all officers and directors of the corporation.
(4) Within thirty days of receiving an application for a license, the City Clerk shall submit the application to the City Council for approval or denial.
(5) Failure or refusal of the applicant to give any information relative to the investigation of the application shall constitute grounds for denial of the license.

5-2208 Standards for Issuing Licenses.

(1) To receive a license to operate an adult oriented business, an applicant must meet the following standards:

(a) The applicant must be eighteen years of age or older.
(b) The applicant or his or her spouse has not been denied a similar license by any other city, county or state within the preceding twelve months or has not had such a license revoked or suspended within the preceding twelve months.
(c) All current real estate taxes have been paid on the licensed premises.
(d) The licensed premises meets all the provisions of this Chapter as well as all building and fire codes.
(e) The applicant or spouse has not been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the applicant.
(f) All license and investigation fees required by this Chapter have been paid.

(2) For the purposes of this section the term "applicant" shall include an individual, all persons having a financial interest in a partnership or joint venture, and, in the case of a corporation, all officers, directors and stockholders required to be named in the application.
(3) All police, fire and building code investigations shall be completed within twenty-one days after the date the application is filed with the City Clerk. Upon a showing of good cause and reasonable diligence on the part of an investigator, the City Council may extend the investigation period for a reasonable time. Any investigation not completed within the allotted time period shall be deemed to be waived.

5-2209 License Fees.

(1) The annual license fee to operate an adult oriented business shall be as determined from time to time by ordinance. [Revised 4/6/99, Ordinance 1659][Revised 3/1/05, Ordinance 1868]
(2) In addition to the annual license fee, an investigation fee as determined from time to time by ordinance shall be paid at the time of the initial license application. This fee does not apply to an applicant who is already an adult oriented business license holder in the City of Coon Rapids. [Revised 4/6/99, Ordinance 1659][Revised 3/1/05, Ordinance 1868]
(3) All appropriate fees shall be submitted along with the application for a new or renewal license.
(4) If an application is denied, the license fee, but not the investigation fee shall be refunded to the applicant.

5-2210 Display of License. The license shall be displayed in a conspicuous public place in the adult oriented business.

5-2211 Renewal of License.

(1) Every license issued pursuant to this chapter shall expire at 12:00 midnight on December 31st of each year unless sooner revoked by the City Council, and must be renewed before operation is allowed in the following year.
(2) Applications for renewal must be submitted with the annual license fee to the City Clerk not later than sixty days before the license expires.
(3) Renewal of a license may be issued by the City Clerk unless the Clerk finds cause for not renewing the license in which case the Clerk shall submit the renewal application to the City Council prior to the expiration of the license.
(4) No license for which application for renewal has been timely made shall be deemed to expire until the City Council has rendered its decision not to renew a license. No application for renewal of a license may be denied by the City Council until after the applicant has received ten days' written notice of a public hearing before the Council. The applicant may appear with or without counsel at that public meeting and may present such evidence and witnesses as he or she deems appropriate.

5-2212 Revocation of License.

(1) The City Council shall revoke a license for any of the following reasons:

(a) Discovery that false or misleading information or data was given on any initial or renewal application or material facts were omitted from any such application.
(b) The operator or an employee of the operator violates any provisions of this chapter or any rule or regulation adopted by the Council pursuant to this Chapter, provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee the penalty shall not exceed a suspension of thirty days if the Council finds that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
(c) The operator becomes ineligible to obtain a license.
(d) Any cost or fee required to be paid by this ordinance is not paid.
(e) Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult oriented business.

(2) The Council, before revoking or suspending any license, shall give the operator ten days written notice of the charges against him or her, and an opportunity for a public hearing before the Council at which time the operator may appear with or without counsel and may present such evidence and witnesses as he or she deems appropriate.
(3) The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
(4) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult oriented business for six months from the date of revocation of the license.

5-2213 Responsibilities of Operator.

(1) Every act or omission by an employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(2) Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended or renewed.
(3) No employee of an adult oriented business shall allow any minor to loiter around or to frequent an adult oriented business or to allow any minor to view adult entertainment.
(4) The operator shall maintain the premises in a clean and sanitary manner at all times.
(5) The operator shall maintain at least ten foot candles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than 1 foot candle of illumination in said aisles as measured from the floor.
(6) All business transactions shall occur within the licensed building.
(7) No employee shall have been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee.
(8) The operator shall ensure compliance of the establishment and its patrons with the provisions of this Chapter.

5-2214 Exclusions. All public and private schools located within the City of Coon Rapids are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.

5-2215 Hours of Operation. The hours of operation for any business licensed under this Chapter shall be between 9:00 a.m. and 12:00 midnight.

5-2216 Penalties.

(1) Any individual, partnership or corporation who is found to have violated the provisions of this Chapter shall be guilty of a misdemeanor and shall also be subject to revocation of any license.
(2) Each violation of this ordinance shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense.

5-2217 Severability. If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not effect the other sections or portions of sections of this Chapter.

5-2218 Enforcement. Members of the Coon Rapids Police Department, the Fire Marshal, or designee, the Chief Building Official or designee and the Zoning Administrator or designee, shall have authority to enter any adult oriented business at all reasonable times to inspect the premises for the purposes of enforcing this Chapter and all other applicable State laws, fire codes and building codes. [Adopted 8/16/94, Ordinance 1495]