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CR 91-12 Moratorium - Adult Oriented Businesses . \ T Y 0 G :Q} ~-- '---- ---"'----~ . -<" -- o c, January 9, 1991 P K \ 1;-1 Council Report 91-12 MORATORIUM - ADULT ORIENTED BUSINESSES Proposed Action. Staff recommends approval of the following motion: Move to approve Resolution No. 91-05 approvinq Ordinance No. 91-671 for first readinq establishing a moratorium on the approval of adult-oriented businesses. Approval of this motion will put a 12 month moratorium on the approval of adult-oriented businesses. overview. The Zoning Ordinance currently does not regulate adult-oriented businesses, such as adult bookstores, adult motion pictures theaters etc. These types of uses cannot be banned from cities, because they are protected by constitutional guarantees. However, cities can regulate through the zoning ordinance where theses types of uses are allowed. The City Code regulates adult oriented services, but not businesses. These types of businesses are slowly moving to the suburbs. The city . of Ramsey recently had an adult bookstore open which has caused a great deal of problems to the city. Several other suburban cities instituted moratoriums recently. Primary Issues to consider. 0 How can adult-oriented businesses be regulated? 0 How long should the moratorium last? 0 Where could an adult-oriented business locate based upon the existing ordinance? 0 will this moratorium assure the City no adult-oriented businesses will move in? supporting Documents. 0 Analysis of Issues 0 Alternatives 0 Newspaper Article 0 Resolution No. 91-05 0 Ordinance No. 91-671 - - ---- - , . MORATORIUM CR: 91-12 Page 2 primary Issues to Consider. o How can adult-oriented businesses be regulated? Adult-oriented businesses can be regulated through the zoning ordinance by keeping them away from incompatible uses, such as churches, schools and residential areas. o How long should the moratorium last? The City staff does not know of any adult-oriented business that are planning to locate 1n Hopkins at this time. Because there is not a impending business that will be inconvenienced because of the moratorium, I would request the moratorium last for one year. I do not expect that it will take a year to change the ordinance, but because the Zoning and Planning Commission only meets once a month it is difficult to have the Planning Commission discuss the ordinance in any great length with a six month moratorium. ~ 0 Where could a adult-oriented business locate under the existing ordinance? The zoning ordinance permits bookstores in the B-2 and B-3 districts. A gift and novelties business is permitted in the B-2 district and in the B-1 and B-3 districts with a conditional use permit. Theaters are allowed in the B-2 and B-3 districts. o will this moratorium assure the city no adult-oriented businesses will move in? This moratorium will not guarantee that an adult-oriented business will not start operating in Hopkins. Many of the permitted uses in the business district that could also be adult-oriented businesses do not require a conditional use permit or license to start their operations. Many business owners do not contact the City before they open their business. In discussing this problem with the City Attorney he indicated that he could not guarantee that if an adult- oriented business opened during the moratorium that he could get it removed. He advised that the zoning ordinance be amended to require a conditional use permit for all adult-oriented businesses. This moratorium is intended to study an amendment to the zoning ordinance to require that adult-oriented businesses have a conditional use permit. --- --- . MORATORIUM CR: 91-12 Page 3 Alternatives. 1. Approve the 12 month moratorium to study the issue of adult- oriented businesses in the City. By approving the moratorium, no adult-oriented businesses can operate in the City for the duration of the moratorium. 2. Deny the moratorium. By denying the moratorium, adult- oriented businesses can locate in the business districts in Hopkins. 3 . Continue for further information. If the city council indicted that further information is needed, the item should be continued. ~ ---- --- .-.-- o...;ol.......t.. I~......ru LJY "-~.M'IIt!::) OJUIYI;:)II Prayer groups such as this one gather six days a week to protest the presence of a sex-oriented bookstore in suburban Ramsey. ~burbs scramble to limit sex shops Cities like Ramsey shocked to learn that sex sells in the suburbs, too - - d h while it drafts its ordinance_ By Pat Prince by drawIng up zomng co es t at areas_ StaffW iter restrict their location. - - t r Because such businesses are DavId Gross, ~n asslstan Several cities are now scrambling to protected by constitutional Minneapohs clty.attorney who has ~~~~~~~~:e~osf~ ~~'ise~ ~~::s restrict such businesses, just in case f~~~n{J~i~gc~~~sl~:l~~~l~~~~~~Ot~ ~~~~f:~~~~~~~~s c;~~_~ri:~~~d zoning outsIde the sex-onented bookstore any should try to open_ k - h f ordl' nance says that suburban - d [' - eep t em away rom " . tn Ramsey and praye lor It to go . -, - ,,- -bl " governments have been remIss tn away. So far they haven't had any "_We certaInly dldn t w,an~,to be III a tn,COmpatl e ,uses -:-:-. as not facin facts sooner, especially more luck than have city officwls, sItuatlOn.lIke (Ramse~ s), saId ~h~mplt~, An~ka. Osseo a~~ after effo~ts to restrict the whod were re~uked when they asked ~~~m~:r~ChT~~t~i~~~I~~lt~:~~s~o~f ~l~n~~~~aa~epe~~et~n ;ee~~e only dissemination of pornography aJu ge to or er It to go away. R h- -' - t d legal r"course failed in the early 1980s. amsey, as no sex-onen e _ ~- Ram~ey's predicament has bdusincsdses- BUdla few mthOa~t~:s~~~I~t Frid1c\} and Brooklvn Park are "They chose to turn their heads and prOVIded a lesson for other a opte an or mance, -]. . _ k - - d' it can't happen suburban cities, where officials the distance that such businesses worktng on ordinances, and EI.' Ignore It an say ~~~;le~~~~X:~~~;~:dt~~~f~~s~~~ ~a~~~:c ~~:;e~~~~cJ~~~isJ~~t~~~' ~I~ vs~c~a~~~i~~~~~:df~r ~~r~l~~~~~l Store continued on page 68 ~Tore business also became a pol_itical issue ~;V11 Continued from page IB 111 the recent mayoral electlOn_ Ill'fI~'- while it was happening," he weeks the Amusement Center was A couple of weeks before the said_ "To think that only the big back in business, after a federal judge election, Holmberg put up signs cities would have these businesses is agreed with the bookstore's owner outside his bookstore endorsing <ibsolutcly llai ve, when a substantial that enforcing the ordinance Mayor Gary Reimann. Holmberg ~ ,Imount ofbusllless for these places appeared to violate the First wouldn't speak with a reporter, but was generated from suburban Amendment Tigue said, "[ think (Holmberg) owes t tlS10mers_" a great deal of his success to Mayor The city amended its ordinance to Reimann. Mayor Reimann has been (<11111S have generally upheld the restrict sex-oriented businesses from behind the efforts to close him down, rif~hl ofcilics to enact such locating within 1,000 feet of similar which has, in fact, given him far llldinances, as long as such businesses and of incompatible more in advertising than he could hll~i Ilcsses arc gi ven "reasonable institutions, and within 750 feet of possibly buy_ It's done wonders for OppCH [unity" to locate somewhere in residential areas. The judge ended his business." l'.lwn_ her temporary injunction against the city, saying she thought the new Jim Gilbertson, a bar owner who ran !:Ju[ Ramsey, population 13,000, is ordinance would pass constitutional against Reimann, took the learning lhe hard way that once a city muster. opportunity to blanket the town with IS caught with its ordinances down, campaign brochures that included a things can get out of control in a Now, it's up to an Anoka County photograph of the bookstore's sign, hurry_ district judge to decide whether to along with a picture ofa sign grant the city's request to enforce the endorsing Gilbertson put up by the Ollicials there were quite surprised new ordinance by ordenng the day-care center next door. when a pizza parlor on Hwy. 10, the bookstore to move to a permitted clly's main drag, next to a day-care location. Then somebody smashed one of cenler and across from a church, Holmberg's signs, a portable lighted reopened in April as the Amusement Randall Tigue, the attorney billboard. Holmberg told police he'd Cenler, a sex-oriented bookstore and representing bookstore owner Larry seen a pickup truck nearby on the peep show business_ Holmberg, has asked Judge Daniel night the vandalism occurred. Police Kammeyer to dismiss the case, investigated and determined that the Pickets look up their posts in front of saying the bookstore was open before license plate number matched the bookstore and the City Council Ramsey enacted its ordinance_ The Reimann's, although the description hurriedly enacted an emergency city is disputing the opening date of the truck wasn't even close. ordinance making it a misdemeanor and says that even ifit did open to run a sex-oriented business in before the ordinance was passed, The case has been referred to the town until officials had time to Holmberg hadn't invested enough Anoka County Sheriff's Department, prepare a proper ordinance. State law money in it by then to prevent the which won't comment. However, permits moratoriums on land uses city from enforcing the ordinance_ Ramsey Police Chief Mike Auspos - -- for up to 2112 years if a city is already said that, as far as he is concerned. studying zoning plans_ While the judge ponders the matter, Reimann is not a suspect - - residents are still riled up about being The emergency ordinance didn't last stuck with the bookstore, which is Suspect or not, "I got screwed," said I long, however. Within a couple of doing a thriving business. The Reimann, who lost by 900 Yotes. . . , - and fined $ I 00 after he pleaded l'i\O . orne pickets also felt victimized Mary Jo Synterz, the center's owner, ftcr Holmberg passed out fliers to guilty to making harassing phone says the bookstore is to blame. ; .~ is customers listing their names, calls after one protester had the ddresses and phone numbers. phone company trace calls made to Synterz, like many others, blames th~ I lolmberg himself had reported a her phone. He told police he'd gotten bookstore on city officials' inaction. ~. ........ mashed window and hang-up calls_ the number from the bookstore. Many feel that the city should have ~ Protesters quit picketing the store in acted a year ago, when a local bar everal protesters received round- June after Holmberg strolled past started featuring nude dancing. ~c-clock hang-up calls and them with a holstered gun slung over J ~portedly had thc tires on their cars his shoulder. Their protest now Said Minneapolis' Gross, "Do they I< lashed_ One picket called 911 when consists of the daily prayer vigil, think there's a fundamental delivery truck pulled up and tried which is organized by members of difference in character between A J bring hcr three pizzas that she two churches_ people who live in cities and thosc adn't ordered. who live in the suburbs? They were Meanwhile, cnrollment is down at operating on that supposition. That's ,n Apple VaHey man was arrested the day"care center next door, and foolish_ " U1"ll 0'<1 l:h .- '" ~ . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 91-05 A RESOLUTION ESTABLISHING A MORATORIUM ON ADULT-ORIENTED BUSINESSES WHEREAS, the City of Hopkins has adopted Ordinance No. 515-570 approving a zoning ordinance. WHEREAS, the city council has concerns regarding the ability for the City's existing code to adequately regulate the locations of adult-oriented businesses in the city of Hopkins and protect the public health, safety and welfare; and WHEREAS, it has been determined that it is necessary for the health, safety, and welfare of the residents of the City of Hopkins to study and consider an amendment to this ordinance regarding adul t- oriented businesses; and NOW THEREFORE, BE IT RESOLVED, that a moratorium prohibiting adult-oriented businesses in the City of Hopkins, Minnesota, is approved. An adult-oriented business 1S defined as the following: a business which offers its patrons services or entertainment . characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. The following uses apply to this moratorium: adult bookstores, adult motion pictures theaters and arcades, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty business, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishment. Said moratorium shall extend until February 18, 1992 or upon the enactment of a zoning amendment concerning this matter, whichever comes first. BE IT FURTHER RESOLVED, the City council adopts an interim Ordinance 91-671 conforming in all respects to the moratorium adopted by this resolution. Passed and adopted by the Council of the City of Hopkins, Minnesota at a regular meeting held the 15th day of January, 1991. NELSON W. BERG Mayor JAMES A. GENELLIE city Clerk ~ JERRE MILLER city Attorney . . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 91-671 AN ORDINANCE ESTABLISHING A MORATORIUM ON ADULT-ORIENTED BUSINESSES WHEREAS, the City of Hopkins has adopted Ordinance No. 515-570 approving a zoning ordinance. WHEREAS, it has been determined that it is necessary for the health, safety, and welfare of the residents of the city of Hopkins to study and consider an amendment to this ordinance regarding adult- oriented businesses; and WHEREAS, Minnesota State Statute 462.355 subd, 4 allows a city to adopt an interim ordinance when undertaking a study to revise the zoning ordinance by amendment. NOW THEREFORE, BE IT ORDAINED by the City of Hopkins, Minnesota, Effective upon adoption of this ordinance, a moratorium shall be imposed upon the approval of all adult-oriented businesses. An adult- oriented businesses is defined as the following: a business which offers . its patrons serVlces or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. The following uses apply to this moratorium: adult bookstores, adult motion pictures theaters and arcades, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty business, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishments. This moratorium shall be for the purpose of allowing the city of Hopkins to study and consider an amendment to the zoning ordinance regarding adult-oriented businesses and shall expire on March 17, 1992 or upon the enactment of a zoning amendment concerning this matter, whichever comes first. First Reading: January 15, 1991 Second Reading: February 5, 1991 Date of Publication: February 20, 1991 Date Ordinance is Effective: March 12, 1991 Nelson W. Berg, Mayor ATTEST: -- James A. Genellie, City Clerk