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ORDINANCE NO~'90-9
<br />
<br /> CiTY OF RAMSEY
<br /> ,. ANOKA COUNTY, MINNESOTA
<br /> AN ORDINANCE PERTAINING TO THE
<br /> LOCATION OF ADULT ENTERTAINMENT
<br /> uSES AND AMENDING ORDINANCE NO.. 90-
<br /> 7~ WHICH ORDINANCE NO. 90-7 IS AN ORDI-
<br /> NANCE PLACING A MORA~TORIUM ON THE
<br /> SI'TING OF ADULT BOOKSTORES AS
<br /> DEFINED HEREIN WITHIN ANY ZONING
<br /> DISTRICT OF THE CITY OF RAMSEY. ?'he City 0,f Ramsey Ordains:
<br /> Section i. Ampndment. sections 1, 3; d, 5, and
<br /> 8 6f Ordinan~o~ 9~8"ar~e amende~ to read as
<br /> follow~:-~ _ ~:-~ ~ ~ .....
<br /> -SECTION 1 PREAMBLE.
<br />
<br /> · ~WHEREAS~ the city council has reviewed
<br />
<br />'ars Working Group o~ R~ulation of Sexually
<br />Oil;hied Busi~es~s", dated June &
<br />prepared in cohiunction with Hubert H. Hum-
<br />phrey, III, AUorney General, State ~ Min-
<br />nesota and the R~hester, ~inne~ta/O~msfead
<br />county Planning Dopartmont "Adult Enter~
<br />la~nment Re~" dated ~arch 2, ~986, ~th
<br />which re~r~ are hereafter collectively r~er-
<br />red to as "Re~rts"; an~
<br /> WHEREAS, the Reports cons]der~ evidence
<br /> from studies conducted In ~innea~fis and St.
<br /> Paul and in other cities throughout the country
<br /> relating to ~xuaHy oriented businesses; and
<br /> WHEREAS, the A~orney GenoraPs Re~rt,
<br />based upon the above referenc~ studies and
<br />the testimony pre~nted to it has concluded
<br />"that sexuall~ oriented businesses are
<br />es~iated wlth ~igh or,me rates and depression
<br />of, probity values.'~ In addition/the A~orney
<br />General's Working Group ~, ~. heard testimony
<br />that the character of a ne~gh~ can
<br />dramatically change when there iS a concentra-
<br />~sexuall~ oriented busines~s ad;econt to
<br />~flal pro~H~."; and ....
<br /> ~REA$~ the Re~rts ConC;ude that Adult
<br /> Entertainment Uses have an impact on the
<br /> n~igh~rh~ds surrounding them which is
<br /> distinct from the impact ca~ssd by other
<br /> mercial u~s; and
<br /> · WHEREA$~ the Re~rts cOnctu~e that resV
<br /> denflal neighbor~ds I~ated wHhin close prox-
<br /> fruity to adult theatres, b~kst~es and o~or
<br />',AduU Entertainment U~s.experience inoreas~
<br /> crime rates (~x-relafed crimes-in particular),
<br /> lowered property values, increased fransiency,
<br /> a~d decreased stability 0f ownership; and
<br /> ~WHEREA$, the Reports conclude the adverse
<br />i~pac~ which Adult Entertainment U~s have
<br />on surrounding areas diminish as the distance
<br />fr~m the AduU En~ertainmont U~s Increa~s;
<br />ahd
<br /> WHEREAS, the Re~rts conclude that
<br />of~othor cities have shown that among t~e
<br />cr~mes which tend tu incre;se e]ther within or
<br />in4he near vicinity ~ Adult Entertainment
<br /> U~s are rapes, prostitution, child molestation,
<br /> indecent ~posure, and other~ lewd and
<br /> la~iv;ous behavior; and
<br /> WHEREAS,,the Re,ifs =onciude that the CF
<br />ty of p~nix, Arizona study confirmed that the
<br />sex crime rate was on the average ~ percent
<br />h~ghor in areas with ~xually oriented
<br />b~slnesses; and
<br /> WHEREAS, the Reports conclude that many
<br />members ~ the public perceive areas withlh
<br />which Adult Entertainment U~s are I~afed as
<br />less safe than of her areas which do not have
<br />such uses; and
<br /> WHEREAS, the Re,rte conclude that studies
<br />~ other cities have shown thai the values of
<br />~th commercial and residential Profiles el-
<br />thor are diminished or fall to 'appreciate at the
<br /> other 'c0mparable pro~Hies when
<br /> in proximity to Adult Entertainment
<br />
<br /> ~EAS, the Reports conclud~ that the In-
<br />d~ana~lis, I~dlana, stUdy, esfabllsh~ that pro-
<br />:ffi~l=n~l re~Lest~~ appraisers ~, ~eve that an
<br />a~ulf ~kstore would have a negative eHecf on
<br />
<br />emphasis on 's~i.ed Sexua,'e~.~,""~': or )F PUBLICATION
<br />
<br /> "specified anatomical areas."
<br /> i. ADULT MINI-MOTION PICTURE
<br /> THEATRE:· A business premises within an
<br /> enclosed building with a capacity for less than
<br /> 50 persons used .for pre~onting visual media
<br /> material if such business as a prevailing 'prac,
<br /> rice excludes minors by virtue of age, or If said
<br /> materia! is distinguished or characterized by an
<br /> emphasis on the depiction or description of
<br /> "specified; sexual activities"' or '-specified
<br /> anatomical areas"-for observation by patrons
<br /> therein. ,
<br /> J. ADULT: MODELING STUDIO: An
<br /> establishment, whose major business is the pro-
<br /> vision, to customers, of figure models who are
<br /> so provided with the intent of providing sexual
<br /> stimulation or:sexual gratification to such cus-
<br /> tomers and who.engage in specified ;sexual ac-
<br /> tivities or display spec!ned anatomical areas
<br /> while being observed, painted, painted upon,
<br /> Sketched, drawn, sculptured, photographed; or
<br /> otherwise depicted by such customers. "
<br /> k. ADULT MOTION PICTURE ARCADE:
<br />Anyplace to which the public is permitted or
<br />invited wherein coin or slug-operated or elec-
<br />tronically,' elecffrlcally or mechanically con-
<br />trolled Or operated still or motor picture
<br />machines, projectors or other image'producing
<br />deviSes are maintaihed to show images fo five
<br />or fewer pers0ns-i~r' machine at :any one time,
<br />and 'where the images so displayed- are
<br />distinguished or characterized by an:emphasis
<br />· on depicting or describing.specified sexual ac-
<br />tivities or specified anatomical areas.
<br />I. ADULT MOTION PICTURE T, HEATRES: A
<br />business premiSes within an enclosed b~Jildlng
<br />with a capacity of 50 Or more perS°ns used for
<br />presenting visual ~ media material if said
<br />business as a :prevailing practice excludes
<br />minors by virtue of age, or if said material Is
<br />distinguished or characterized bY~ an emphasis
<br />on the depiction or description o~ '!specified
<br />Sexual activities" or "specified anatomical
<br />· areas' for observation by patrons therein.
<br /> m. ADULT NOVELTy 'BUSINESS: A
<br />business which has as a prihcipal'acttvity the
<br />sale of devices which simulate human genitals
<br />0r devices which ape designed foysexfiai ~tlmu-
<br /> lation. , - . ,. .. . .
<br /> n. ADULT SAUNA: ,A sauna which excludes
<br /> minors by reason of age, or which provides a
<br /> steam bath,or heat bathing room used for the
<br /> purpose of bathing, relaxation, or reducing,
<br /> utilizing steam or hot aires a.cleanlng, reraxing
<br /> or reducing agent, if the service provided by tha
<br /> sauna is distinguished or. characterized by an
<br /> emphasis on "specified sexual~ activities" or
<br /> "specified anat0mical areas.,
<br /> o. CHURCH: A building or ~$tructure, or
<br /> group of buildings or s~ructure~, which by
<br /> design and construction are primarily intended
<br /> for the conducting of organized religlou~ ser-
<br /> vices and associated accesSory uses.. .
<br /> p. schooL: A pt~blic school as defined in
<br /> Minnesota Statutes #~20.05 or a nonpublic school
<br /> or a non-sectarian nonpublic school as defined
<br /> la Minnesota Statutes #123.932. ·
<br /> q. SPECIFIED ANATOMICAl. AREAS:
<br /> 1. ,Less than completely and opaquely covered
<br />.human genitals, pubic region, buttock, anus, or
<br />female breast(s) below:a point immediately
<br />above the top of the areola; and
<br /> ;2. Human male.genitals in a discernibly
<br />. turgid state, even if comp!etely and opaquely
<br /> covered. .
<br /> r. SPECIFIEO SEXUAL ACTIVITIES:.
<br /> 1. Actual or simulated sexual intercourse,
<br />oral copulation, anal intercourse, oral-anal
<br />copulation, bestiality, direct physiceLsflmula-
<br />lion of unclothed genitals, flagellation or torture
<br />in the context of a sexual relationship, or the
<br />use of. excretory functions in the context of a
<br />sexual relationship, and any of the following
<br />sexually-oriented acts or conduct: anilingus,.
<br />buggery, coprophagy, coprophilla, cunnillngus,
<br />fellaflo, necrophllla, pederasty, pedophlila~ pi-
<br />querism, sapphlsm, zoOeresty; or
<br /> 2. CleartV depicted, human genitals Ip the
<br />state of sexual . stimulation, . arousal or
<br />tumescence; or
<br />
<br />iOTA ) ss
<br /> )
<br />
<br />the value of both residential and' commercial 3. Use of human or anlmal.eiaculation,
<br />properties within a one ~o .thr~:~.~:~ ~kqa~r?.~ of ~ _sgd+o~m__y~_pr~ Copu~at!gn,.~ ¢o~tus,,!o~ mastur_ba-
<br />the store~ an'cF iron; or ;,b!e *~ (-m~,~e &:~cr~¢:
<br />
<br /> WHEREAS, the Ramsey City Council finds
<br />the suburban characteristics of~ Rpmsey are
<br />similar to those of the larger cities cited by the
<br />Reports when considering the effects of Adult
<br />Entertainment Uses; and
<br /> WHEREAS, the Ramsay'City ~ounc!l finds,
<br />based upon the Reports and the studies cited
<br />th'~rein, that Adult Entertainment Uses will
<br />have secondary effects upon pre-~.xistlng land
<br />u§es within the City; and
<br />.i~WHEREAS, the Ramsay City Council finds
<br />tl]i~i~oper planning for the siting of Adult
<br />E~nment. uses Within the Ci~ is ~eces*
<br />s ~l~order ~o protect the, Cltyfs Planning pro-
<br />c&,~d the health, Safety. and welfare of the
<br />and ~. .~, :
<br />
<br /> 4. Fondling or touching q)f'nud~~ human
<br />genitals, pubic region, buff~:k~;':br:female
<br />breast; or '
<br /> 5. Situations IrWolving a person or persons,
<br />any of whom are nude, clad in undergarments
<br />or in sexually revealing costumes, and who are
<br />engaged in activities involving the flagellation,
<br />torture, fettering, binding or Other physical
<br />restraint of any such persons; or
<br />'6, Erotic or lewd touching, fondling or 6ther
<br />sexually-oriented contact with an animal by a
<br />human being; or
<br /> 7. Human excretion, urination, menstruation,
<br />vaginal or anal irrigation. ~
<br /> s. YOUTH FACILITY: A public playground,
<br />park, public swimming pool, public library, or
<br />
<br />uly sworn, on oath says that he is the managing editor of the
<br />oka County Union, and has full knowledge of the facts which are
<br />
<br />~omplied with all of the requirements constituting qualification
<br />as provided by Minnesota Statute 331A.02, 331A.07, and other
<br />d.
<br />
<br />.q gD.:]:B At, C.g. ............................................
<br />Nuraber 90-9
<br />
<br />t from the columns of said newspaper, and was printed and
<br />!or...o.n..e ....successive weeks; it was first published on Friday,
<br />
<br />of ..... q..a.¥ ........ ~9..9. Q, and was thereafter printed and
<br />.ay to e~nd including Friday, the ................ day of
<br />id printed below is a copy of the lower case alphabet from A to Z,
<br />'eby acknowledged as being the size and kind of type used in the
<br />a of the notice:
<br />
<br />ebcde fghijkWn nopqr stuvw×y;
<br />abcdefghijk, imnopqrstuvwxyz
<br /> BY: ~ ...............................
<br /> r~[anaging Editor
<br />
<br />;fore me on
<br />
<br />.... ~a.y..., 19.~9. ~ ,~:;53:~::::.x DIXIE L. MASON
<br />/~ ~ ~'~ j.":f~U?fi NOTARY PUBLIC e MINNESOTA
<br />
<br />~ ¢~...~ ~ '"~.'~ My Commias,o~ expires May JO. 1-395
<br />
<br /> RATE INFORMATION
<br />
<br />rate paid by
<br />s for comparable
<br />
<br />Ilowed by law for the
<br />
<br />~rged for the above
<br />
<br />$ 7.00
<br />
<br />(Line, word, or inch rate)
<br /> 7.00
<br />
<br />(Line, word, or inch rate)
<br /> 3.95
<br />
<br />(Line, word, or inch rate)
<br />
<br />g
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