2002-878
CITY OF HOPKINS
Hennepin County, MN
ORDINANCE NO. 2002-878
AN ORDINANCE RELATING TO THE REGULATION OF ADULT-ORIENTED
BUSINESSES AND ADULT ESTABLISHMENTS AMENDING SECTION 1165
OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1165 of the Hopkins City Code is amended to read as follows:
Section 1165 - Adult Establishments
1165.01. Purpose and Intent. Subdivision 1. Findings. It is the purpose of this ordinance to
regulate Adult oriented Businesses to promote the health, safety, morals, and general welfare of
the citizens of the City and to establish reasonable and uniform regulations to:
a) Prevent additional criminal activity within the City;
b) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values
of properties within the neighborhood;
c) To locate Adult Oriented Businesses away from residential areas, schools, churches, and parks
and playgrounds;
d) Prevent concentration of Adult Oriented Businesses within certain areas of the City.
Subd. 2. The provisions ofthis ordinance have neither the purpose nor effect of imposing a
limitation or resttiction on the content of any communicative materials, including Adult oriented
materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by
adults to Adult oriented materials protected by the First Amendment, or to deny access by
distributors and exhibitors of Adult oriented entertainment to their intended market.
1165.03. Definitions. Subdivision 1. For purposes of this section the terms defined in this
section have the meanings given them.
Subd. 2. Adult Oriented Business. An adult oriented business is a an establishment or
business that is engaged in any ofthe following activities or which utilizes any of the following
business procedures or practices:
a) Anv establishment or },. business that is conducted exclusiyely for the patronage of adults
and as to '.vhich minors are specifically excluded from patronage, either by operation oflmv or
by the ovmers of such business, except any business licensed ander Chapter XII of this Code;
b) }..ny 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
sf III Any other use or business defmed in subdivision 3 through 10 of this subsection.
Subd. 3. Adult Book and/or Media Store. An establishment or business 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 whieh that are distimmished or characterized by their emphasis on matter
depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas".
Subd. 4. Adult Cabaret. An establishment or business which provides dancing or other live
entertainment, if such esta.blishment excludes minors by virtue of age from all or part of the
establishment and if such dancing or other live entertainment is distinguished or characterized by
an emphasis on the performance, depiction or description of "specified sexual activities" or
"specified anatomical areas.
Subd.5. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors
are specifically excluded from patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areasll.
Subd.6. Adult Mini-Motion Picture Theater.
a) A theater in an enclosed building, from which minors are excluded from all or part of the
establishment, with a capacity for less than 50 persons used for presenting motion pictures,
including but not limited to film and videotape, having as a dominant theme material
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas".
b) Any business which presents motion pictures, from which minors are excluded from all or part
of the establishment, including films and videotapes, having as a dominant theme material
distinguished or charactelized by an emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified 8....11atomical areas", for viewing on the premises,
including but not limited to private booths, viewing by means of coin operated or other
mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent.
Subd. 7. Adult Modeling Studio. An establishment/ which excludes minors from all or part of
the establishment, whose major business is the provision, to customers, of figure models who are
so provided with the intent of providing sexual stimulation or sexual gratification to such
customers and who engage in specified sexual activities or display specified anatomical areas
while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or
otherwise depicted by such customers.
Subd. 8. Adult Motion Picture Arcade. Any place which excludes minors from all or part ofthe
establishment wherein coin or token operated or electronically, electrically, or mechanically
controlled or operated still or motor picture machines, projectors, or other image-producing
devices are maintained to show images to five or fewer persons per machine at anyone time, and
where the images so displayed are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical areas".
Subd. 9. Adult Motion Picture Theater. A theater in an enclosed building, from which minors
are excluded from all or part of the establishment, with a capacity of 50 or more persons used
regularly and routinely for presenting live entertainment or motion pictures, including but not
limited to film and videotape, having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to "specified sexual
activities" or "specified anatomical areas" for observation by patrons therein.
Subd. 10. Adult Novelty Business. A business, from which minors are excluded from all or pmi
of the establishment, '.vhich sells, offers to sell, or displays devices which simulate human
genitals or deyices ',vhich are designed for sexual stimulation. or establishment that has at least
30%. or 3.000 SQuare feet. whichever is less. of its floor area (not includinl! storerooms.
stock areas. bathrooms, basements. attics. or anv nortion of the business not onen to the
DubliC). or at least 30% of its merchandise on displav to the Dublic devoted to items.
merchandise or devices that are distinl!uished or characterized bv their emnhasis on matter
denictinl!. describinl!. or relatinl! to "snecified sexual activities" or "snecified anatomical
areas" .
Subd. 11. Specified Anatomical Areas are any ofthe following conditions:
a) Less than completely and opaquely covered:
1) human genitals, pubic region, or pubic hair;
2) buttock; aE:El or
3) female breast below a point immediatel~ above the top ofthe areola; and
b) Human male genitals in a discernibly turgid state, even if opaquely covered.
Subd. 12. Specified Sexual Activities are any ofthe following conditions:
a) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-
genital, anal-genital, or oral-genital intercourse, whether between human beings or between a
human being and an animal.
b) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or
clad in undergarments or in a revealing costume or the condition of being fettered, bound, or
otherwise physically restricted on the part of one so clothed.
c) Masturbation or lewd exhibitions ofthe genitals including any explicit, close-up
representation of a human genital organ.
d) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or
buttocks of a human male or female, or the breasts of a female, whether alone or between
members of the same or opposite sex or between humans and animals in an act of apparent
sexual stimulation or gratification.
Subd. 13. 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.
1165.05. Application of this Ordinance. Except as in this ordinance specifically provided, no
structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land
shall be used, for any purpose nor in any manner which is not in conformity with this ordinance.
No Adult Oriented Business shall engage in any activity or conduct or permit any other person to
engage in any activity or conduct in or about the establishment which is prohibited by any
ordinance of the City of Hopkins, the laws of the State of Minnesota, or the United States of
America. Nothing in this ordinance shall be construed as authorizing or permitting conduct
which is prohibited or regulated by other statutes or ordinances, including but not limited to
statutes or ordinance prohibiting the exhibition, sale, or distribution of obscene material
generally, or the exhibition, sale, or distribution of specified materials to minors.
1165.09. Location. During the term ofthis ordinUfl:6&,-fl:6 Adult Oriented Businesses may
onlv be located in districts authorized in the City's Zoninf! Ordinance, No Adult Oriented
Businesses shall located less than 300 (three hundred) feet from any residential zoning di.strict
boundary or from the property line of a site used for residential purposes, or less than 1,000 (one
thousand )feet from the property line of any church site, any school site, any day care facility, or
any park. In addition, no Adult Oriented Business may be located within 1,000 (one thousand)
feet of another Adult Oriented Business. For purposes ofthis 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 property line of the proposed
Adult Oriented Business site.
1165.11. Hours of Operation. No Adult Oriented Business site shall be open to the public from
the hours of 10:00 o'clock p.m. to 8:00 o'clock a.m.
1165.13. Operation. Subdivision 1. Off-site Viewing. An establishment operating as an Adult
Oriented Business shall prevent off-site viewing of its merchandise, which if viewed by a minor,
would be in violation of M.S. Chapter 617 or other applicable Federal or State Statutes or local
ordinances.
Subd. 2. Entrances. All entrances provided for the general public shall be visible from a public
street with the exception of emergency fire exits which are not usable by patrons.
Subd.3. Layout. The layout of the display areas shall be designed so that the management of
the establishment and any law enforcement personnel inside the store can observe all patrons
while they have access to any merchandise offered for sale or viewing including but not limited
to books, magazines, photographs, video tapes, or any other material.
Subd. 4. lllumination. Illumination ofthe premises exterior shall be adequate to observe the
location and activities of all persons on the exterior premises. .
Subd. 5. .fuw. Signs for Adult Oriented Businesses shall comply with the City's sign
ordinance, and in addition signs for Adult Oriented Businesses shall not contain representational
depictions of an adult nature or graphic descriptions of the adult theme of the operation.
1165.l4. 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 entertainnlent shall occur on a platfonn 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.
1165.15. Licenses. Subdivision 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 Cit)' Code ifhe or she operates an Adult Oriented Business without a
valid license, issued by the City.
Subd 2. Applications. An application for a license must be made on a form provided by the
City.
a) The application must be accompanied by a sketch or diagram showing the configuration of the
premises, including a statement oftotal floor space occupied by the business. The sketch or
diagram need not be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions ofthe interior of the premises to an accuracy of plus or minus six
inches.
b) The applicant must be qualified according to the provisions of this chapter and the premises
must be inspected and found to be in compliance with the appropriate state, county, and local
laws and codes by the health official, fire marshal, and building official.
c) Application for license shall contain the address and legal description of the property to be
used; the names, addresses, phone numbers, date ofbilih, ofthe owner, lessee, if any, the
operator or manager, and all employees; the name, address, and phone number of two persons,
who shall be residents of the State of Minnesota, and who may be called upon to attest to the
applicant's, manager's, or operator's character; whether the applicant, manager, or operator has
ever been convicted of a crime or offense other than a traffic offense and, if so, complete and
accurate information as to the time, place, and nature of such crime or offense including the
disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or
manager insofar as and regarding credit which has been extended for the purposes of
constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal
effects, equipment, or anything incident to the establishment, maintenance and operation of the
business.
d) rfthe application is made on behalf of a corporation, joint business venture, partnership, or
any legally constituted business association, it shall submit along with its application, accurate
and complete business records showing the names, addresses, and dates of birth of all individuals
having an interest in the business, including pminers, officers, owners, and creditors furnishing
credit for the establishment, acquisition, maintenance, and furnishings of said business and, in
the case of a corporation, the names, addresses, and dates of birth of all officers, general
managers, members ofthe board of directors as well as any creditors who have extended credit
for the acquisition, maintenance, operation, or furnishing of the establishment including the
purchase or acquisition of any items of personal property for use in said operation.
e) All applicants shall furnish to the City, along with their applications, complete and accurate
documentation establishing the interest of the applicant and any other person having an interest
in the premises upon which the building is proposed to be located or the furnishings thereof,
personal property thereof, or the operation or maintenance thereof. Documentation shall be in the
form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan
agreements, security agreements, and any other documents establishing the interest of the
applicant or any other person in the operation, acquisition, or maintenance of the enterprise.
Subd. 3. Issuance or Renewal of License. The City Manager shall issue or renew a license to an
applicant within 30 (thirty) days after receipt of an application unless the Manager 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 a Adult Oriented
Business, or ifthe State of Minnesota prohibits the issuance of such a license because of taxes,
fees, fines, or penalties assessed against him or her.
c) An applicant has failed to provide information reasonably necessary for issuance of the license
or has falsely answered a question or request for information on the application form.
d) An applicant has been convicted of a violation of a provision of this chapter, other than the
offense of operating a 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 all of the information required
by this ordinance. Ifthe application is deficient, the inspections shall be completed within thirty
(30) days from the date the deficiency has been corrected.
f) The license fee required by this chapter has not been paid.
g) An applicant has been convicted ofa 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 statute 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
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 combination of
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.
Subd. 4. Requalification. An applicant who has been convicted of an offense listed in Section
1165.15, Subd. 3 g may qualify for a Adult Oriented Business license only when the time period
required by Section 1165.15, Subd. 3g has elapsed.
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 fmds
the application acceptable and a license is to be issued or renewed, or whether the application is
denied and the reasons for the denial.
Subd.6. Posting. The license, if granted, shall state on its face the name of the person or
persons to whom it is granted, the expiration date, and the address of the Adult Oriented
Business. The license shall be posted in a conspicuous place at or near the entrance to the Adult
Oriented Business so that it may be easily read at any time.
Subd. 7. Council Action. 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 (10) 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 fails to act within 30 davs, the
annlication is deemed aDDroved. Ifthe Council denies the appeal, the application is denied.
Reapplication 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.
Subd. 8. Correction of deficiency. Ifthe 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 must act on the corrected
application within 30 (thirty) days from the date that the City receives the appeal.
Subd.9. Appeals. Ifthe 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.
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.
1165.17. Fees. Fees shall be set by City Council Resolution.
1165.19. Inspection. Subdivision 1. Access. An applicant or license shall permit health
officials, representatives of the police departlnent, fire department, and building inspection
division, to inspect the premises of a Adult Oriented Business for the purpose of ensuring
compliance with the law, at any time it is occupied or open for business.
Subd. 2. Refusal to Permit Inspections. A person who operates a an Adult Oriented Business or
his agent or employee commits an offense if she or he refuses to permit a lawful inspection of the
premises by health officials, representatives of the police department, fire department, and
building inspection division at any time it is occupied or open for business. Refusal to permit
inspections may result in the suspension of the license as provided in Section 1165.23.
Subd. 3. Exceptions. The provisions ofthis section do not apply to areas of an adult motel
which are currently being rented by a customer for use as a pennanent or temporary habitation.
1165.21. 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 and followinl! the
Drocess 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 license may expire, depending on the timing ofthe application and possible appeals as
described above in Section 1165.15, Subd. 1.
Subd. 2. Denial of Renewal. When the City denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. If, subsequent to denial, the City finds
that the basis for denial of the renewal license has been corrected or abated, the applicant may be
granted a license if at least 90 days have elapsed since the date denial became final.
1165.23. Suspension. Subdivision 1. Causes of Suspension. The City Council may suspend a
license for a period not to exceed 30 (thirty) days ifit determines that a licensee or an employee
of a license has:
a) Violated or is not in compliance with any provisions of this chapter.
b) Engaged in the use or sale of alcoholic beverages or controlled substances while on the Adult
Oriented Business premises other than at an Adult Hotel or Motel.
c) Refused to allow an inspection ofthe 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 a 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 hearing. The notice shall give at least 10 (ten) days notice of the time and place of
the healing 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 buslness 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. +he If such an action is
timelv commenced within the 15 davs. the licensee may continue doing business until the
conclusion of the action.
1165.25 Revocation. Subdivision 1. Causes of Revocation. The City Council 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 alcoholic
beverages or 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. 3 g for which the
time period required in Section 1165.15, Subd. 3g has not elapsed;
f) 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. 3 g
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) Ifa cause of suspension in Section 1165.23 occurs within 36 (thirty-six) months after
suspension of a license.
Subd.2. Appeals. The fact that a conviction is being appealed shall have no effect on the
revocation of the license.
Subd.3. Exceptions. 1165.25, Subd. 19 does not apply to adult motels as a ground for revoking
the license unless the licensee or employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within
public view.
Subd..4. Granting a License after Revocation. When the City revokes a license, the revocation
shall continue for one year and the licensee shall not be issued a Adult Oriented Business license
for one year from the date revocation became effective. If, subsequent to revocation, the City
finds that the basis for the revocation has been corrected or abated, the applicant may be granted
a license if at least 90 days have elapsed since the date the revocation became effective. If the
license was revoked under Section 1165.25, Subd. le an applicant may not be granted another
license until the appropriate number of years required under Section 1165.15, Subd. 3 g has
elapsed.
Subd.5. Notice. A revocation by the City Council shall be by written notice to the licensee and
a 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.
Subd. 6. 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. ~ If such an action is
timelv commenced within the 15 davs. the licensee may continue doing business until the
conclusion of the action.
1165.27. Transfer of License. A licensee shall not transfer this license to another, nor shall a
licensee operate a Adult Oriented Business under the authority of a license at any place other
than the address designated in the application.
1165.29. Severability. Every section, provision, or part of this ordinance or any permit issued
to this ordinance is declared severable from every other section, provision, or part thereof to the
extent that if any section, provision, or part of this ordinance or any permit issued pursuant to
this ordinance shall be held invalid by a court of competent jurisdiction it shall not invalidate any
other section, provision, or part thereof.
(Section 1165 was added through Ord. No. 92-709)
(Section 1165 was amended by Ord. No. 95-762)
First Reading: August 20, 2002
Second Reading: September 3, 2002
Date of Publication: September 12,2002
Date Ordinance Takes Effect: September 12,2002
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AP(~7~D~1}~imTY:
Cit~,Ahbtll~YSignature
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Gene Ma~ell, Mayor'
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Date