CR 95-73 Zoning Agreement - Adult Oriented Uses
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e April 27, 1995 o P K \ ~ Council Report 95-73
ZONING AMENDMENT -- ADULT-ORIENTED USES
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95-29 approvmg
Ordinance 95-762 that would amend Sections 515, 520. 535, and 540 of the Zoning
Ordinance and Section 1165 of the City Code regarding adult-oriented businesses for first
reading.
At the Zoning and Planning meeting Mr. Gullickson moved and Mr, Schumacher seconded a
motion to approve Resolution RZ95-12 recommending approval of Ordinance 95-762 that
would amend Sections 515, 520, 535, and 540 of the Zoning Ordinance and Section 1165 of
the City Code regarding adult-oriented businesses. The motion carried unanimously.
Overview.
In 1986, the United States Supreme Court held that zoning regulations on sexually oriented
businesses not aimed at the content of the speech or expression but rather at the adverse
secondary effect such businesses have on the surrounding community are valid under the First
Amendment. The proposed amendments to the zoning and licensing ordinances are aimed to
minimize these adverse secondary effects.
. There is currently a moratorium on the establishment of any new adult-oriented businesses
within the City. The purpose of this moratorium is to review Hopkins' ordinances dealing
with adult-oriented businesses to determine if any changes are necessary and appropriate. The
City's attorney along with a planning consultant have now completed their review of the
existing Zoning Ordinance and licensing procedures with respect to adult-oriented businesses
and are recommending certain amendments to these ordinances.
Primary Issues to Consider.
0 What is the background for regulating adult-oriented businesses?
0 What studies have documented the secondary effects of adult-oriented
businesses?
0 What are the major amendments to the ordinance?
0 Where will adult-oriented businesses be allowed in the City?
0 What occurred at the Zoning and Planning meeting?
SUDDortinl!: Documents.
0 Analysis ofIssues
0 Resolution 95-29
0 Ordinance 95-762
. .1\'))\
Nancy , Anderson, AICP
Planner
CR95-73
Page 2
. Primary Issues to Consider.
0 What is the background for regulating adult-oriented businesses?
There have been several court cases in the past few years regarding adult-oriented businesses.
On the basis of the court cases, any zoning regulation must be analyzed with the following
considerations.
1. An adult use cannot be regulated on the basis of the material that they sell or
the entertainment provided but, only on the effect that such businesses have on
the surrounding area.
2, A municipality must conclude that such adult businesses create adverse
secondary effects such as neighborhood blight, diminished property values, and
increased crime.
3. Municipalities need not conduct their own adverse secondary effect studies,
They can rely on studies performed by other cities, provided that the studies
are reasonably related to the problem that the City is trying to address.
4, Either dispersal or concentration regulations may be utilized but, in either case,
the City must allow a reasonable opportunity area in the City for adult uses to
. locate,
0 What studies have documented the secondary effects of adult-oriented
businesses?
Several cities across the country have studied adult-oriented businesses and have concluded
that such businesses have several adverse secondary effects on a surrounding community.
Some of these studies are outlined herein.
The Planning department of the City of Phoenix, Arizona, published a study report in May
1979 entitled "Relation of Criminal Activity and Adult Business." The study showed that
arrests for sexual crimes and the location of sexually oriented businesses were directly related.
The study compared three areas with sexually oriented businesses with three control areas
which had similar demographic and land use characteristics, but no sexually oriented
establishments. The study found that:
1. Property crimes were 43 percent higher in those areas which contained a
sexually oriented business.
2. The sex crime rate was 500 percent higher in those areas with sexually oriented
businesses,
. 3. The study area with the greatest concentration of sexually oriented businesses
had a sex crime rate over 11 times as large as a similar area having no sexually
oriented businesses.
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. The Division of Planning in the City ofIndianapolis, Indiana, undertook a dual planning study
in 1983. Six areas containing adult businesses were compared with six comparable control
areas relative to the factors of crime incidence. In the second part of the study, the city
collaborated with Indiana University in a national survey of real estate appraisers to develop a
"best professional opinion" as to the effect of adult entertainment businesses on surrounding
real estate values. The findings were as follows:
0 The average major crime rate (i.e., crimes per 10,000 population) in the
Indianapolis Police District (IPD) District was 748.65, the Control Area:
886.34, and the Study Areas: 1090.51. Major crimes occurred in areas of the
study that contained at least one adult entertainment establishment at a rate
that was 23 percent higher than the six similar areas studied not having such
businesses and 46 percent higher than the police district at large.
0 Although it was impossible to obtain a discrete rate for sex-related crimes at
the police district level, it was possible to compare the rate between the control
areas and the study areas. The average sex-related crime rate in the control
areas over the five-year period was 26.2, while that rate for the study areas
was 46.4.
0 If the ratio of sex-related crimes was the same as that established for major
. crimes between the control areas and the study area, however, we would
expect a sex-related crime rate of 32.3. The actual rate of 46.4 is 77 percent
higher than that of the control areas, rather than the 23, percent that would be
expected, and indicates the presence of abnormal influences in the study areas.
0 Close examination of crime statistics within the Study Areas indicates a direct
correlation between crime and the residential character of the neighborhood.
Crime frequencies were 56 percent higher in residential areas of the study than
in its commercial areas.
0 At the same time, sex-related crimes occurred four times more frequently
within residential neighborhoods having at least one adult entertainment
business than m neighborhoods having a substantially district-related
commercial make-up having adult entertainment.
0 Although the housing base within the study areas was of a distinctly higher
value than that of the control areas, its value appreciated at only one-half the
rate of the control areas and one-third the rate of Center Township as a whole
during the period 1979-1982.
0 Pressures within the study areas caused the real estate market within their
e boundaries to perform in a manner contrary to that within the control areas,
Center Township and the county, In a time when the market saw a decease of
50 percent on listings, listings within the study areas actually increased slightly.
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. 0 As a result, twice as many houses were placed on the market at substantially
lower prices than would be expected had the study area's market performance
been typical for the period of time in question,
0 The great majority of appraisers (75 percent) who responded to a national
survey of certified real estate appraisers felt that an adult bookstore located
with one block would have negative effect on the value of both residential (80
percent) and commercial (72 percent) properties, Fifty percent of these
respondents foresaw an immediate depreciation in excess of 10 percent.
0 At a distance of three blocks, the great majority of respondents (71 percent)
felt that the impact of an adult bookstore fell off sharply so that the impact was
negligible on both residential (64 percent) and commercial (77 percent), At the
same time, it appears that the residual effect of such a use was greater for
residential than for commercial properties.
0 In answer to a survey question regarding the impact of an adult bookstore on
property values generally, 50 percent felt that there would be a
substantial-to-moderate negative impact. Thirty percent saw little or no
impact, and 20 percent saw the effect as being dependent on factors such as the
predominant values (property and social) existing in the neighborhood, the
development standards imposed on the use, and the ability of an existing
. commercial node to buffer the impact from other uses.
An April 1978 study by the St. Paul Division of Planning and the Minnesota Crime Control
Planning Board entitled "N eighborhood Deterioration and the Location of Adult
Entertainment Establishments" looked at the relationship between alcohol-serving adult
entertainment and neighborhood blight. Adult uses without alcohol were not part of this
study, The summary, in part, is as follows.
0 There is a statistically significant relationship between the number of adult
entertainment establishments (alcohol-serving and sexually oriented combined)
located in an area and the deterioration of that area as reflected in housing
values and crime rates.
0 Sexually oriented establishments tend to locate in areas that already reflect the
effects of other adult entertainment establishments, making it difficult without
further analysis to ascertain the unique contribution which sexually oriented
establishments have on neighborhood deterioration.
0 While adult entertainment establishments tend to locate in areas of relative
deterioration, there is clear indication that these establishments contribute
heavily to the further deterioration of these areas. Most significantly, the effect
e of adult entertainment establishments on neighborhood deterioration was found
to be a threshold phenomenon; neighborhood deterioration is significantly
greater in those areas with more than two adult entertainment establishments of
any type (alcohol-serving or sexually oriented).
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. 0 There IS an externality or social cost, as reflected In neighborhood
deterioration, imposed on a neighborhood by the location of an adult
entertainment establishment in that area, These costs are ultimately reflected in
higher taxes for all 8t. Paul citizens in order to support the delivery of more
police services, and in a relatively depressed and eroding tax base in the
affected areas, leading to even higher citywide tax rates.
0 Those areas with more than two adult entertainment establishments have
sharply higher crime rates and sharply lower housing values than those with
fewer than two such establishments.
In 1980, on direction from the Minneapolis City Council, the Minneapolis Crime Prevention
Center examined the effect of sex-oriented and alcohol-oriented adult entertainment upon
property values and crime rates. This study used both simple regression and multiple
regression statistical analysis to evaluate whether there was a causal relationship between
these businesses and neighborhood blight.
The study concluded that there was a close association between sexually oriented businesses
and high crime rates and low housing values in a neighborhood, When the data was
reexamined using control variables such as the mean income in the neighborhood to determine
whether the association proved causation, it was unclear whether sexually oriented businesses
. caused a decline in property values. The Minneapolis study concluded that sexually oriented
businesses concentrate in areas that are relatively deteriorated and, at most, they may weakly
contribute to the continued depression of property values.
However, the Minneapolis study found a much stronger relationship between sexually
oriented businesses and crime rate. A crime index was constructed including robbery,
burglary, rape, and assault. The rate of crime in areas near sexually oriented businesses was
then compared to crime rated in other areas. The study drew the following conclusions.
1. The effects of sexually oriented businesses on the crime rate index are positive
and significant regardless of which control variable is used.
2. Sexually oriented businesses continue to be associated with higher crime rate,
even when the control variables' impacts are considered simultaneously.
According to the statistical analysis conducted in the Minneapolis study, the addition of one
sexually oriented business to a census tract area will cause an increase in the overall crime rate
index in that area by 9.15 crimes per thousand people per year even if all other social factors
remain unchanged.
A study released by the Los Angeles Police Department in 1984 supports a relationship
. between sexually oriented businesses and rising crime rates. This study is less definitive, since
it was not designed to use similar areas as a control. The study indicated that there were 11
sexually oriented adult establishments in the Hollywood, California, area in 1969. By 1975,
the number had grown to 88. During the same time period, reported incidents of Part 1
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. Crime (j.e" homicide, rape, aggravated assault, robbery, burglar, larceny, and vehicle theft)
increased 7.6 percent in the Hollywood area, while the rest of Los Angeles had a 4.2 percent
Increase. Part II Arrest (i.e. forgery, prostitution, narcotics, liquor law violation, and
gambling) increased 3.4 percent in the rest of Los Angeles, but 45.4 percent in the Hollywood
area,
Pertinent revIews of studies and the literature In the field include that by the
Rochester/Olmstead Consolidated Planning Department for the City of Rochester in 1988.
The Rochester report, as quoted by the Eighth Circuit, stated the following.
a) A considerable number of communities throughout the nation have studied the
impacts which adult entertainments have on the areas surrounding them,
b) These studies have concluded that adult entertainment uses have an adverse
impact on the surrounding neighborhoods.
c) Residential neighborhoods in proximity to adult uses suffer adverse effects
including increased crime rates, lowered property values, and increased
transiency.
d) Values of both commercial and residential properties are diminished when
. located in proximity to adult entertainment businesses.
e) The adverse impact on commercial areas increased by the presence of more
than one adult entertainment use in close proximity to another adult
entertainment use.
f) The impact that an adult entertainment use has on the surrounding area appears
to lessen as the distance for the adult entertainment use increases.
g) Reasonable "time, place, and manner" restrictions that address the "secondary"
impacts of adult entertainment uses are constitutionally permissible.
The conclusions are as follows.
0 The concerns which have prompted public hearing in this city (Rochester) are
similar to concerns which motivated the communities of Indianapolis, Indiana;
St. Paul, Minnesota; Phoenix, Arizona; and Seattle, Washington, to undertake
their studies of adult entertainment uses; consequently, the results of those
studies are relevant to the existing or foreseeable impacts which such uses can
have on the areas surrounding them in this city.
. 0 The concentration of adult entertainment uses in commercial areas or the
location of adult entertainment uses in close proximity to residential uses,
churches, parks, and schools will result in devaluation of property values and
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. decreases in commercial business sales, thereby reducing tax revenues to the
city and adversely impacting the economic well-being of the citizens of this
city.
0 Location of adult entertainment uses in proximity to residential uses, churches,
parks, schools, bars, and other adult entertainment uses very likely would lead
to increased levels of criminal activities, including prostitution, rape assaults,
and other sex-related crimes in the vicinity of such adult entertainment uses,
Copies of the complete studies are available for the Planning Commission to review.
0 What are the maj or amendments to the ordinances?
The following are the major amendments to the ordinances.
0 adding definitions to the City Code Licensing Section and the Zoning
Ordinance;
0 deleting the spacing standards in the Zoning Ordinance, but referring to these
standards in 1165 of the City Code, the standards are: 300 feet from a
residential district; 1,000 feet from a church, school, day care facility, youth
facility, or park; and 1,000 feet from another adult-oriented business,;
0 permitting adult uses in industrial districts;
. 0 amortizing any existing adult-oriented business for one year after the effective
date of the ordinance;
0 adding a section to allow an existing nonconforming adult-oriented business to
request a variance from the amortizing section of the ordinance based on a
hardship;
0 adding a numerical definition of30 percent for "substantial portion";
0 clarifying the spacing in the City Code from a "property line," not just
"boundary";
0 the City Manager "shall" issue licenses rather than "recommend" a license;
0 reduced the license application review period from 45 to 30 days;
0 adding a requirement to mail notice of a license decision to the applicant;
0 allowing appeals to be made to the Council only if the application is deficient;
adding a section on adult cabarets.
The basic licensing ordinance for adult-oriented business will remain the same. The proposed
language clarifies and refines the existing licensing ordinance. Attached is the proposed
ordinance. The underlined sections of the ordinance is the new language and the language
that has the strike-through line is the existing ordinance,
0 Where will adult-oriented businesses be allowed in the City?
. Adult-oriented uses will be allowed in the B-2 and B-3 zoning districts and industrial districts,
provided a business meets the licensing requirements. The following are several maps that
outline where adult-oriented businesses will be able to locate within the City.
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. Exhibit A shows the residential, church, school and park areas.
Figure 1 and 2 shows the areas where adult-oriented businesses could locate.
0 What occurred at the Zoning and Planning meeting?
Staff reviewed the proposed amendments with the commission, Staff noted that
adult-oriented uses would be regulated by the licensing ordinance. There was no one at the
public hearing to speak on this issue. Bob Anderson asked questions regarding two sections
of the proposed ordinance. Mr. Miller said he would review these sections and change them if
it is appropriate.
Alternatives.
1. Approve the amendment regarding adult-oriented uses. By approving the amendment
regulating adult-oriented uses, the Zoning Ordinance and City Code will be amended
regulating adult-oriented businesses.
2. Deny the amendment regarding adult-oriented uses. By denying the amendment regulating
adult-oriented uses, the Zoning Ordinance and City Code will not be amended regulating
adult-oriented businesses, If the City Council considers this alternative, findings will have
to be identified that support this alternative. Staff would not recommend this alternative.
. 3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
.
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. CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95-29
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AMENDMENTS TO SECTIONS 515, 520, 535, AND 540 OF THE ZONING
ORDINANCE AND SECTION 1165 OF THE CITY CODE
WHEREAS, an application for an amendment to the Zoning Ordinance, ZN95-5, has been made
by the City of Hopkins; and
WHEREAS, the procedural history of the application is as follows.
1. That an application for Ordinance Amendment ZN95-5 was made by the City of Hopkins
on February 24, 1995.
2. That the Hopkins Planning Commission, pursuant to published notice, held a public
hearing on the application and reviewed such application on March 28, 1995, and April
25, 1995: all persons present were given an opportunity to be heard.
. 3, That the written comments and analysis ofthe City Staff were considered.
NOW THEREFORE, BE IT RESOLVED that the application for Ordinance Amendment
ZN95-5 is hereby approved based on the following Findings of Fact.
1. Studies conducted by the Minnesota attorney general, and cities such as St. Paul,
Minnesota; Indianapolis, Indiana; Rochester, Minnesota; Phoenix, Arizona; Los Angeles,
California; have studied the impacts that adult-oriented businesses have in those
communities.
2. These studies have concluded that adult-oriented businesses have adverse impacts on the
surrounding neighborhoods.
3. That the adverse impacts include increased crime rates, lower property values, increased
transiency, neighborhood blight and potential health risks.
4. That adult-oriented businesses have adverse secondary impacts of the types as set forth
above.
5. The adverse impacts caused by adult-oriented businesses tends to diminish if
adult-oriented businesses are governed by locational requirements, licensing requirements,
and health requirements.
6. It is not the intent of the City of Hopkins to prohibit adult-oriented businesses from having
. a reasonable opportunity to locate in the city.
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Page 2
. 7. Minnesota Statues, Section 462,357, allows the City to adopt regulations to promote the
public health, safety, morals, and general welfare,
8. The public health, safety, morals, and general welfare will be promoted by the City
adopting regulations governing adult-oriented businesses.
Adopted this 2nd day of May, 1995.
Charles D. Redepenning, Mayor
ATTEST:
James A Genellie, City Clerk
.
.
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 95-762
AN ORDINANCE PERTAINING TO THE REGULATION OF ADULT-ORIENTED
BUSINESSES AMENDING SECTION 1165 OF THE HOPKINS CITY CODE AND
AMENDING SECTIONS 515, 520, 535 AND 540 OF THE HOPKINS ZONING CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOPKINS:
Section 1. Section 1165.03, subd. 2, of the Hopkins City Code is amended to read:
Subd. 2. Adult Use, Any of the activities and business described belm.... constitute
"L^..dult Oriented Business" which are subject to the regulations of this ordinance.
Adult-Oriented Business. An adult-oriented business is a business that is engaged in any
of the following activities or which utilizes any of the following business procedures or
practices:
. ill A business that is conducted exclusively for the patronage of adults and as
to which minors are specifically excluded from patronage. either by
operation of law or by the owners of such business, except any business
licensed under Chapter XII of this Code;
ill Any business that has a least 30% or 3.000 square feet. whichever is less,
of its floor area (not including storerooms, stock areas, bathrooms,
basements. attics or any portion of the business not open to the public) or
at least 30% of its merchandise on display to the public, devoted to items,
merchandise or other material that is distinguished or characterized by an
emphasis on material depicting. exposing, describing, discussing or relating
to specified sexual activities or specified anatomical areas: or
(ill Any other use or business defined in subdivision 3 through 11 of this
subsection.
See, 2. Section 1165,03, subd. 3, of the Hopkins City Code is amended to read:
Subd. 3 Adult Book and/or Media Store. An establishment which excludes minors and
'.'{hich has a substantial portion of its stock in trade or stock on display that has at least 30% or
3,000 square feet. whichever is less, of its floor area (not including storerooms, stock areas.
bathrooms, basements. attics or any portion of the business not open to the public ), or at least
. 30% of its merchandise on display to the public devoted to books, magazines, films, videotape, or
..-- - ------
. other media which are characterized by their emphasis on matter depicting, describing, or relating
to "specified sexual activities" or "specified anatomical areas".
Sec. 3. Section 1165.03, subd. 5 of the Hopkins City Code is repealed.
Sec. 4. Section 1165,03 of the Hopkins City Code is amended by adding a new
subdivision to read:
Subd. 14. Youth Facility. Any facility. or outdoor area where a substantial
portion of its use or programs are devoted to or offered for activities or recreation for
minors, regardless of whether such facility is public or private. Such facilities include. but
are not limited to. playgrounds. swimming pools, libraries or daycare facilities.
Sec. 5. Section 1165.09 of the Hopkins City code is amended to read:
1165, 09. Location. During the term of this ordinance, no Adult Oriented Businesses shall be
located less than 300 (three hundred) feet from any residential zoning district boundary or from
the property line ofa site used for residential purposes, aOO-QIJess than 1,000 (one thousand) feet
from the property line of any church site, from any school site, from any day care facility,~
youth facility, or ffem.-any park~ which is adjacent to property zoned residential. In addition, no
Adult Oriented Business may be located within 1,000 (one thousand) feet of another Adult
Oriented Business. For purposes of this ordinance, this distance shall be a horizontal
. measurement from the nearest existing residential district boundary or the property line of any site
used for residential purposes, church site, school site, day care site, youth facility, park site, or
another Adult Oriented Business site to the nearest boundary property line of the proposed Adult
Oriented Business site,
Section 6. Section 1165.13, subd. 2 of the Hopkins City Code is amended to read:
Subd. 2. Entrances, All entrances to the business, with the exception of emergency fire
exits which are not usable by patrons to enter the business, shall be visible from a public street
right of way.
Sec. 7. Section 1165.15, subd. 1 ofthe Hopkins City Code is amended to read:
1165.15 Licenses. Subd, 1 License Required. All establishments, including any business
operating at the time this ordinance becomes effective, operating or intending to operate an Adult
Oriented Business shall apply for and obtain a license with the City of Hopkins. A person is in
violation of the City Code if he or she operates an Adult Oriented Business without a valid
license, issued by the City.
Sec. 8. Section 1165.15, subd, 3 of the Hopkins City Code is amended to read:
. Subd, 3, Issuance of Renewal of License. The City Manager shall recommend approval
of the issuance or rene'.val of issue or renew a license by the City to an applicant within # 30
. (thirty) days after receipt of an application unless the Manager finds denies the application. having
found one or more of the following to be true:
a) An applicant is under 18 years of age.
b) An applicant is overdue in his payment to the City, County, or State of
taxes, fees, fines, or penalties assessed against him or her or imposed upon
him or her in relation to an Adult Oriented Business, or if the State of
Minnesota prohibits the issuance of such a license because of taxes, fines,
or penalties assessed against him or her.
c) An applicant has failed to provide information reasonably necessary of
issuance of the license or has falsely answered a question or request for
information of the application form.
d) An applicant has been convicted of a violation of a provision of this
chapter, other than the offense of operating an Adult Oriented Business
without a license, within two years immediately preceding the application.
The fact that a conviction is being appealed shall have no effect.
e) The premises to be used for the Adult Oriented Business have not been
approved by the health official, fire marshal, and the building official as
being in compliance with applicable laws and ordinances; such inspections
shall be completed within thirty (30) days from the date the application was
submitted, provided that the application contains aU of the information
. required by this ordinance, If the application is deficient, the inspection
shall be completed within thirty (30) days from the date the deficiency has
been corrected,
t) The license fee required by this chapter has not been paid.
g) The applicant has been convicted of a crime involving any of the following
offenses:
1) Any sex crimes as defined by Minnesota statutes 609,29 through
609.352 inclusive or as defined by any ordinance or statute in
conformity therewith;
2) Any obscenity crime is defined by Minnesota statutes 617.23
through 617.299 inclusive, or as defined by any ordinance or statue
in conformity therewith~ for which:
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;
less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the conviction,
. whichever is the later date, if the conviction is a felony offense; or
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. 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 conviction~ are of two or more
misdemeanor offenses or a combination or misdemeanor offenses
occurring within any 24 month period.
3) The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant or applicant's spouse,
Sec. 9. Section 1165.15 of the Hopkins City Code is amended by adding the following
subdivision:
Subd. 5. Notice of Decision on Application. The City Manager shall send notice
of a decision on the application within the 30 (thirty) day review period to the applicant by
mail postage prepaid at the address on the application, The notice shall state whether the
City Manager finds the application acceptable and a license is to be issued or renewed. or
whether the application is denied and the reasons for the denial.
Sec. 10. Section 1165.15, subd. 5, of the Hopkins City Code is renumbered as
subdivision 6.
Sec. 1 1. Section 1165. 15, subd, 6, of the Hopkins City Code is renumbered as
. subdivision 7 and is amended to read:
Subd. e 1. Appeal to City Council. Action. The City Council shall act to approve
or disapprove the liccnsc application '.vithin 120 days from the date the application was
submitted, providcd that the application contains all of the information required bay the
ordinance. If an application is denied by the City Manager, the applicant may appeal to
the City Council by filing a written notice of appeal within ten ( 1 0) days after the notice of
decision, Any such appeal must be acted on by the Council within 30 (thirty) days after
the notice of appeal is received by the City. If the Council denies the appeal, the
application is denied. Re-application may be pursued according to the provisions of this
chapter. If the Council determines to grant the appeal, the Council shall instruct the City
Manager to issue the license.
Section 12. Section 1165.15 of the Hopkins City Code is amended by adding the
following subdivision:
Subd. 8. Correction of deficiency. If the application is denied by the City
Manager. the applicant may correct any deficiency and the Manager shall act on the
corrected application within 30 (thirty) days from the date the deficiency has been
corrected, If the determination of deficiency has been appealed to the City Council, the
Council shall act on the corrected application within 30 (thirty) days from the date that the
. City receives the appeal.
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. Sec. 13. Section 1165. 15, subd. 7, of the Hopkins City code is renumbered as
subdivision 9 and amended to read:
Subd. + 9. Appeals. \Vithin 90 days after the decision by the Council, the
applicant may appeal to the District Court by servicing a notice upon the Mayor of Clerk
of the Municipality. If the City Council denies the appeal, the applicant may commence an
action in state of federal court within 15 (fifteen) days after notification by the City of the
denial for the purpose of determining whether the City acted properly. The applicant may
not commence doing business unless the action is concluded in his favor.
Sec. 14, Section 1165,15 is amended to add the following subdivision:
Subd. 10, Notification. Any notification required to be sent by the City is deemed
completed when mailed by first class mail to the applicant or licensee at the address listed
in the application.
Sec. 15, Section 1165.21, subd. 1, of the Hopkins City Code is amended to read:
] 165.21 Expiration and Renewal. Subdivision 1. Expiration, Each license shall expire at
the end of the calendar year and may be renewed only by making application as provided
in Section 1165. 15" Subd. 1. Application for renewal should be made at least 60 days
. before the expiration date, and when made less than 60 days before the expiration date,
the expiration of the license will not bc affected the license may expire, depending on the
timing of the application and possible appeals as described above in Section 1165. 15,
Subd. 1.
Sec. 16. Section 1165.23 of the Hopkins City Code is amended to read:
] 165.23. Suspension. Subdivision 1. Causes of Suspension. The City Council may
suspend a license for a period not to exceed 30 (thirty) days if it determines that a licensee
or an employee of a license has:
a) Violated or is not in compliance with any provision of the chapter.
b) Engaged in the use of alcoholic beverages while on the Adult Oriented
Business premises other than at an Adult Hotel or Motel.
c) Refused to allow an inspection of the Adult Oriented Business premises as
authorized by this chapter.
d) Knowingly permitted gambling by any person on the Adult Oriented
Business premises.
e) Demonstrated inability to operate or manage an Adult Oriented Business in
a peaceful and law-abiding manner, thus necessitating action by law
enforcement officers.
. Subd. 2. Notice. A suspension by the City Council shall be proceeded by written
notice to the licensee and a f*:JbHe hearing. The notice shall give at least 10 (ten) days
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. notice of the time and place of the hearing and shall state the nature of the changes against
the licensee. The notice may be served upon the licensee personally, or by leaving the
same at the licensed business premises with the person in charge thereof.
Subd. 3, Appeal. If the City Council suspends a license. the licensee may
commence an action in state or federal court within 15 (fifteen) days after notification by
the City of the suspension for purposes of determining whether the City Council acted
properly. The licensee may continue doing business until the conclusion of the action.
Sec 17. Section 1165.25, subd. 1, of the Hopkins City Code is repealed.
Sec. 18, Section 1165.25, subd. 2, of the Hopkins City Code is amended to read:
Subd. 2. Causes of Revocation. The City Council shall may revoke a license if it
determines that:
a) A licensee gave false or misleading information in the material submitted to
the city during the application process;
b) A licensee or an employee has knowingly allowed possession, use, or sale
of controlled substances on the premises;
c) A licensee or an employee has knowingly allowed prostitution on the
premIses;
. d) A licensee or an employee knowingly operated the Adult Oriented Business
during a period of time when the licensee's license was suspended;
e) A licensee has been convicted of an offense listed in Section 1165.15,
Subd, 3g for which the time period required in Section 1165.15, Subd. 3g
has not elapsed;
t) On two or more occasions within a 12 (twelve) month period, a person or
persons committed an offense occurring in or on the licensed premises of a
crime listed in Section 1165.15, Subd. 3g for which a conviction has been
obtained, and the person or persons were employees of the Adult Oriented
Business at the time the offenses were committed;
g) A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation or masturbation to occur in or on the
licensed premises.
h} If a cause of suspension in Section 1165.23 occurs within 36 (thirty-six)
months after a suspension of a license.
Sec, 19. Section 1165.25, subd. 6, of the Hopkins City Code is amended to read:
Subd. 6, Notice. A revocation by the eCity Council shall be preceded by written
notice to the licensee and a publie hearing. The notice shall give at least 10 (ten) days
notice of the time and place of the hearing and shall state the nature of the charges against
. the licensee. The notice may be served upon the licensee personally, or by leaving the
same at the licensed premises with the person in charge thereof.
----
. Sec. 20, Section 1165.25 of the Hopkins City Code is amended by adding the following
subdivision:
Subd. 7. Appeal. If the City Council revokes a license. the licensee may
commence an action in state of federal court within 15 (fifteen) days after notification by
the City of the revocation for purposes of determining whether the City Council acted
properly. The licensee may continue doing business until the conclusion of the action.
See, 21. Section 1165 of the Hopkins City Code is amended to add the following
subsection:
1165.14. Additional Conditions for Adult Cabarets. Subdivision 1. The following
additional conditions apply to adult cabarets.
Subd.2. No owner. operator or manager of an adult cabaret shall permit or allow
any dancer or other live entertainer to display specified anatomical areas.
Subd. 3. No dancer. live entertainer. performer, patron or any other person shall
display specified anatomical areas in an adult cabaret.
Subd. 4. The owner. operator or manager of an adult cabaret shall provide the
following information to the city concerning any persons who dance or perform live
. entertainment at the adult cabaret: The person's name. home address. home telephone
number, date of birth and any aliases.
Subd. 5. No dancer. live entertainer or performer shall be under 18 years old.
Subd, 6. All dancing or live entertainment shall occur on a platform intended for
that purpose and which is raised at least two feet from the level of the floor.
Subd. 7. No dancer. live entertainer or performer shall perform any dance or live
entertainment closer than 10 (ten) feet to any patron.
Subd. 8, No dancer. live entertainer or performer shall fondle or caress any patron
and no patron shall fondle or caress any dancer or performer.
Subd. 9. No patron shall payor give any gratuity to any dancer. live entertainer or
performer,
Subd. 10. No dancer. live entertainer or performer shall solicit any payor gratuity
from any patron.
Sec. 22. Section 520 of the Hopkins Zoning code is amended to add the following
. subsection:
. 520,04 Non-Conforming Adult-Oriented Businesses. Subd. 1, Notwithstanding any other
provision in this code or the City Code to the contrary, and adult-oriented business that
was lawfully in existence as of June 13, 1995 may be continued as a lawful
non-conforming use until June 13. 1996. provided however that no such non-conforming
adult-oriented business may be enlarged or increased. nor may it be extended to occupy a
greater area of land than that which was occupied as of June 13. 1995. No such
nonconforming adult-oriented business may be moved to any other part of the parcel of
land upon which it was conducted as of June 13. 1995.
Subd. 2, Variance. The owner or operator of any nonconforming adult -oriented
business may request a variance from subdivision 1 of this subsection provided. however,
that any such request must be made by written application submitted no later than March
13. 1996. No such variance may be granted unless the applicant demonstrates that the
time period set forth in subdivision 1 would cause an undue hardship because of
circumstances unique to the individual property under consideration and that the granting
of a variance is necessary to alleviate the hardship and in keeping with the intent of this
code. The applicant shall have the burden of proof to demonstrate that an undue hardship
exists. Any request for a variance must be submitted to the zoning administrator and shall
be referred by the zoning administrator directly to the City Council. In making its decision
on whether to grant a variance. the City Council may consider any relevant factor.
including. but not limited to.
. a. The length of time that the adult-oriented business has been operating.
b. The ease by which the property could be converted to a conforming use.
c, The value and the condition of the improvements on the property,
d. The amount of the applicant's investment in the business.
e. The amount of the investment already realized.
f. The cost of relocating the adult-oriented business.
Sec. 23. Section 515.07 of the Hopkins Zoning Code is amended by repealing subdivision
4. 5 and 6 and by addition the following subdivision:
Adult-Oriented Business. Any business as defined in Section 1165.03. subd. 2 of
the City Code.
Sec. 24. Section 535.01. subd. 3 of the Hopkins Zoning code is amended by deleting the
terms "adult establishments." "adult motion picture theater" and "adult novelty business and
bookstore" and by adding the following:
.
. Permitted Uses B-1 B-2 B-3
Adult-oriented business. as X X
governed and regulated by
Chapter 1165 ofthe City Code
Other uses listed in subdivision 3 are to be renumbered accordingly.
Sec. 25. Section 540.01 of the Hopkins Zoning Code is amended to add the
following to the table of permitted uses:
Permitted Uses 1-1 1-2
Adult oriented business.
as governed and regu-
lated by Chapter 1165 of
the City Code. X X
First Reading: May 2, 1995
. Second Reading: May 16, 1995
Date of Publication: May 24, 1995
Date Ordinance Takes Effect: June 13, 1995
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
.
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