HomeMy WebLinkAboutRestricting Licensed Alcoholic Beverages Ordinance - 10-11-1994?«SCS4
OTTER TAIL COUNTY ORDINANCE
RESTRICTING CONDUCT UPON PREMISES
LICENSED FOR ALCOHOLIC BEVERAGES
The County Board of Otter Tail County ordains:
Section 1.Purpose and Authority.
a.Purpose -It is the purpose of this ordinance to
prohibit and restrict certain types of conduct and
entertainment,as hereinafter described,upon premises
licensed for the manufacture,sale,distribution and
possession of alcoholic beverages,so as to provide for the
public health,safety and general welfare of the people of
Otter Tail County,and particularly for the protection and
assistance of the owners,operators,employees and patrons
of such licensed premises.The County Board hereby
declares that the standards of conduct set forth herein are
reflective of the prevailing community standards in Otter
Tail County.
b.Authority -This ordinance is enacted by the authority
granted to the State of Minnesota in the Twenty-first
Amendment to the United States Constitution and provided to
Otter Tail County,pursuant to Minnesota Statutes Chapter
340A (1994).
Section 2.Definitions.
The following definitions shall apply to words used in this
ordinance:
a."Adult Use"shall include adult cabarets,adult
bookstores,adult conversation/rap parlors,adult
health/sport clubs,adult massage centers,adult mini-
motion picture theatres,adult motion picture theatres,
adult steam room/bathhouse facilities and other premises,
enterprises,businesses or places open to some or all
members of the public at or in which there is an emphasis
on the presentation,display,depiction or description of
"specified sexual activities"or "specified anatomical
areas11 which are capable of being seen by members of the
public.No obscene work shall be allowed.
b."Adult Cabaret11 shall mean a licensed premises used for
providing dancing or other live entertainment,if such
licensed premises excludes minors by virtue of age,or if
such dancing or other live entertainment is distinguished
or characterized by an emphasis on the presentation,
display,depiction or description of "specified sexual
activities11 or "specified anatomical areas.11 No obscene
work shall be allowed.
mMmm±misssSr«-sna -"»vsrajrws^s
usable floor area.
d "Adult conversation/Rap Parlor"shall mean a
«nv.r..tlo„/r.p parlor which ™™"V"™™^™!?oraoeorwhichprovidestheserviceofengaginginorturningtoconversation,talk or discussion,if suchserviceisdistinguishedorcharacterizedbyanemphasisonSpecifiedTsexualactivities"or -specified anatomical
areas."
e."Adult Health/Sport Club"shall mean a health/sportclub which excludes minors by reason of age,or if suchclubisdistinguishedorcharacterizedbyanemphasison"specified sexual activities"or "specified anatomical
areas."
f."Adult Massage Center"shall mean a massage center
which restricts minors by reason of age, or which provides
the service of "massage,"if such service is distinguished
or characterized by an emphasis on "specified sexual
activities"or "specified anatomical areas."
g."Adult Mini-Motion Picture Theatre"shall mean abuildingor portion of a building with a capacity for less
than fifty (50)persons used for presenting material if
such building or portion of a building as a prevailing
practice excludes minors by virtue of age,or if such
material is distinguished or characterized by an emphasis
on the depiction or description of "specified sexual
activities"or "specified anatomical areas"for observation
by patrons therein.
h."Adult Motion Picture Theatre"shall mean a building or
portion of a building with a capacity of fifty (50)or more
persons used for presenting material if such building or
portion of a building as a prevailing practice excludes
minors by virtue of age,or if such material is
distinguished or characterized by an emphasis on thedepictionordescriptionof"specified sexual activities"
or "specified anatomical areas"for observation by patrons
therein.
i."Adult Steam Room/Bathhouse Facility"shall mean a
building or a portion of a building used for providing a
steam bath or heat bathing room used for the purpose ofpleasure,bathing,relaxation,or reducing,utilizing steam
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^>,«♦^r as a cleaning/relaxing or reducing agent,if
"specified anatomical areas."
H "Fondle or Caress"shall mean affectionate touching,rubbing or stroking with the intent to sexually arouse or
excite.
k."Licensed Premises"shall mean any l*^""Jg^if *license has been issued to manufacture,sell,di?tr**uJ*°*possess alcoholic beverages,pursuant to Minnesota Statutes
Chapter 340A.
1 "Material"shall mean a book,magazine,pamphlet,paper,writing,card,advertisement,circular,print,picture,photograph,motion picture film,videotape,script,image,instrument,statue,drawing or other
article.
n."Obscene"means that the work,taken as a whole,appeals to the prurient interest in sex and depicts ordescribes in a patently offensive manner sexual conduct and
which,taken *s a whole,does not have serloul*ValU*Av *5ordertodeterminethata work is obscene,the trier of
fact must find:
(1)That the average person,applying contemporarycommunitystandards,would find that the work,taken as
a whole, appeals to the prurient interest in sex;
(2)That the work depicts patently offensive sexual
conduct,as defined herein.
(3)That the work,taken as a whole,lacks serious
value.
n,"Patently Offensive"shall mean so offensive on its
face so as to affront current standards of decency.
o."Patently Offensive Sexual Conduct"shall be deemed to
include any of the following described sexual conduct if
depicted or described in a patently offensive way:
(1)An act of sexual intercourse,normal or
perverted,actual or simulated,including genital-genital,anal-genital,or oral-genital intercourse,
whether between auman beings or between a human being
and an animal.
(2)Sadomasochistic abuse,meaning flagellation or
torture by or upon a person who is nude or clad in
undergarments or in a revealing costume,cr the
condition of being fettered,bound or otherwise
physically restrained on the part of one so clothed.
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ti\Masturbation,excretory functions and lewdexhibitilnsofthegenitals,including any explicit,closeup representation of a human genital organ orspread-eagle exposure of female genital organs.
(4)Physical contact or simulated physical.contactwiththeclothedorunclothedpubicareaor buttocksof a human person,or the breasts of the human female,Whether alone or between members of the same oroppositesexorbetweenhumansandanimalsinanactofapparentsexualstimulationorgratification.
(5) A device designed and marketed as usefulprimarilyforstimulationofthehumangenitalorgans.
(6)Male or female genitals in a state of sexual
stimulation or arousal.
(7)covered male genitals in a highly discernible
turgid state.
p."Performance"means any play,motion picture,dance or
other exhibition performed before an audience.
a."Promote"shall mean to manufacture,issue,sell,give,provide,lend,mail,deliver,transfer,transmit,Polish,distribute,circulate,disseminate,present,exhibit or
advertise,or to offer or agree to do the same.
r. "Specified Anatomical Areas"shall mean anatomical
areas consisting of:
fl)Less than completely and opaquely covered humangenitals,pubic region,buttock,anus or femalebreast(s)below a point immediately above the top of
the areola;and
(2)Human male genitals in a discurnibly turgid
state,even if completely and opaquely covered.
s."Specified Sexual Activities"shall mean activities
consisting of:
(1)Actual or simulated sexual intercourse,oralcopulation,anal intercourse,oral-anal copulation,bestiality,direct physical stiwulation of unclothedgenitals,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 ofthefollowingsexually-oriented acts or conduct:anilingus,buggery,coprophagy,coprophilia,
cunnilingus,fellatio,necrophilia,pederesty,
pedophilia,piquerism,sapphis,zooerasty;or
(2)Clearly depicted human genitals in the state of
sexual stimulation,arousal or tumescence;or
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(3}Use of human or animal ejaculation,sodomy,oralcopulation,coitus or masturbation;or
mi Fondling or touching of nude human genitals,pubic region,buttocks or female breasts;or
(5)Situations involving a person or PJ"oiw,any or
persons;or
(6)Erotic or lewd touching,fondling or othersexually-oriented contact with an animal by a human
being; or
(7)Human excretion,urination,menstruation,vaginal
or anal irrigation.
t."Serious Value"shall mean serious literary,artistic,
political or scientific value.
u."Standards of Decency"shall mean community standards
of decency.
v."Work"means "material" or "performance."
Section 3.unlawful obscenity.
t*chail be unlawful for any person issued a license or permivpursuitW«^e**ers*n ^UC?nSed
premis
tO VLregulating obscenity.
617.299 (1994)or their successors.
Section 4.unlawful Acts on Licensed Premises.
The following acts or conduct on licensed premises are unlawful
and shall be punished as set forth herein:
a To employ or use any person in the sale or service ofalcoholicbeveragesinoruponthelicensedP^ses whilesuch person is unclothed or in such attire,costume orclothingas to expose to view any portion of the femalebreasts?directly or laterally below the top of the areola,or any portion of the pubic hair,anus,cleft of the
buttocks,vulva or genitals.
b.To employ or use the services of any hostess while suchhostessisunclothedor in such attire,costume or clothing
as described in subparagraph a.above.
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Inus or genitals of any other person.
a.to permit any employee or P^^Himumes tne2£K g^irisf^r^bfc hairVioerW apportion thereof.
e.To permit any person to perform acts of or acts which
simulate:
mi with or upon another person, sexual intercourse,sodomy,oral emulation,flagellation or any sexual act
which is prohibited by law.
(2)Masturbation or bestiality.
ti\With or upon another person the touching,caressing or fondling of the buttocks,anus,genitals
or female breasts.
/l\The displaying of the pubic hair,anus,vulva,genitals or female leasts directly or laterally below
the tip of the areola.
f To permit any person to use artificial devices orinani^trobjects to depict any of the prohibited
activities coscribed above.
g.to permit any person to ramain in or upon the lice"8^premises who exposes to public view any portion of his or
her genitals or anus.
h.To permit or fail to prevent patrons,employees or
otheis while on licensed premises to view (by means of aglassPartitionorotherwise)attire,activity or conductwhichisprohibitedonlicensedpremises by this section.
i.To permit or fail to prevent patrons,employees,
entertainers or others from carrying alcoholic leveragesfromlicensedpremisestoadjoiningpremisesforthe
purpose of viewing such others of and on adjoining premises
in such attire or lack thereof,or engaged in activity orwearingdevices or using inanimate objects prohibited on
licensed premises by Subdivision 4 herein.
Section 5.ftdult Cabarets.
a.Special Conditions for Use of Adult Cabarets.
Adult cabarets are subject to the following special
conditions:
(1)The adult cabaret shall be located at least two
thousand six hundred forty (2,640)radial feet from any
other adult use and from any municipality,measured in
a straight line from the closest points of the property
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lines of the buildings in which the adult uses are
located.
(2)The adult cabaret shall be £***•***£?£t°J£
closest point of the property line of the JJJ'^ioLstwhichthe adult cabaret is located to the closest
residentially zoned property line,
/•n The adult cabaret shall be located at least onethousand6threehundredandtwenty(1,320)r^Ul fa-tfromany"protected use,"defined as: Abuilding inwhichamajorityoffloorspaceisusedforresidentialpSrposts;a daycare center,where such day care centeris a principal use;a house of worship;a P«"iclibrarv;a school (public,parochial or privateeLmeantyary?junior high,or high school); a publicregionalpark or parkway,public Park,publicrllreationcenterorpublicspecializedrecreationfacility;a fire station;a community residentialflcilityVamissionorahotel/motel.The distanceshallbe'measured in a straight line from the closestpointofthepropertyline of the building in which is
located an aforementioned protected use.
(4)conditions (2)and (3)may be waived by Otter TailcountyifthepersonapplyingforthewaivershallfilewiththeCountyaconsentpetitionwhichindicates
approval of the proposed adult cabaret by ninety (90)percent of the property owners within One thousand
three hundred twenty (1,320)radial feet cf the lot on
which the use would be located;the County inconsideringsuch a waiver,shall make the following
findings:That the proposed use will not be contrary
to the public interest or injurious to nearby
properties,and that the spirit and intent of this
section will be observed;that the proposed use will
not enlarge or encourage the development of a "skidrowarea;that the establishment of an additional use of
th*s type in the area will not be contrary to anyprogranofneighborhoodconservationorimprovement,
either residential or nonresidential;and that allapplicableregulationsofthissectionwillbe
observed.
(5)No person shall engage in any activity or conduct
or permit any other person to engage in any activity or
conduct in the adult cabaret which is prohibited by any
ordinance of Otter Tail County,the laws of the State
of Minnesota or the United Staies of America.
(6) The adult cabaret is considered to be one (1)use.
No two (2)adult uses can be in the same building.
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(7)The adult cabaret shall not be located within a
building also used for residential purposes.
b.Unlawful Sexual Acts in Adult Cabarets.It shall be
unlawful for;
,,,tLliV oerson in any adult cabaret to perform any actor'to^e closed or unclothed in a Banner that would beprohibitedinSubdivision4 of this ordinance.
t*\Anv person in any adult cabaret to place his orherhandsupon?or to touch with any part of his or herbody,or tl fondle in any manner,or to massage the
genital area of any other person.
(3)Any person in any adult cabaret to expose his orheraenitalareaoranyportionthereoftoanyotherp1rs9on,or to expose the genital area or any portion
thereof of any other person.
(i)Any person,while in the presence of any otherpersoninanyadultcabaret,to fail to conceal with afullyopaquecoveringthe genital area of his or her
body.
(5)Any licensee under M.S.Chapter 340A (1994),oranypersonowning,operating or managing any adultcabaietknowinglytocause,allow or permit in or aboutsuchestablishmentanyagant,employee or any otherpersonunderhis or her control or supervision tonerformsuchactsprohibitedinSection5,Subparagraphs (b)(1)through (b)(4)of this section or
any obscene act.
(6)Any person to employ any person under the age of
eighteen (13)to work in any adult cabaret.
(7)Any licensee under M.S.Chapter 340A (1994),oranypersonowning,operating or managing any adult
cabaret to cause,allow or permit the adult cabaret tooperate in violation of Section 5,subparagraphs (a)(l)
through (a)(7)of this ordinance.
Section 6.Enforcement.
a.Misdemeanor.Any person who violates the provisions of
the ordinance shall be guilty of a misdemeanor.Thepenaltiesshallnotexceedthosepermittedforconviction
of a misdemeanor as defined by law.
b.License revocation or suspension.Any violation of the
provisions of this ordinance by a licensee,or upon anylicensedpremises,shall constitute cause to suspend or
revoke the license or to impose a civil fine,as providedbyMinnesotastatutesSection340A.415 (1994), or its
successor.
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Section 7.frflVipq*clause.
If any part of this ordinance is declared invalid,the balance of
the ordinance continues to remain in effect.
Dated:October 11,1994
ATTEST:
A
Clerk
g&*222.
OTTER TAIL COUNTYNTV >•
By_/dels,Chairman
Otoce of Cojrny Recorder
County of Cttar Tail
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