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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 -2- ^>,«♦^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. -3- 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 -4- (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. -*- 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 -6- 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. -7- (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. -8- 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 I tasty art*/Jim >m *JWn Iftsuwwv was fed *W was djtj-Mto-cftunad «Ooc I tjf|*j Pv^-nt/Atoriar ifiS4 Quuu<JUX ^(V>o-*y-c\ -9-