1995-762
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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. ,,'\OO1t Use. /\ny of the acti';ities and business described beloy; constitute
"1\.du1t Oriented Business" v;hich 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:
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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
W Any other use or business defined in subdivision 3 through 11 of this
subsection.
Sec. 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 ......,bich excludes minors and
......;bich 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
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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 of a site used for residential purposes, aOO-or less than 1,000 (one thousand) feet
from the property line of any church site, ffem any school site, ffem any day care facility, any
youth facility. or ft:em-any park.:. vlhich 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. F Of 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 provided for the general public shall be visible from a
public street with the to the business, with the exception of emergency fire exits which are not
usable by patrons. to entef the business, shall be ";isible from a public right of v;ay.
Sec. 7. Section 1165.15, subd. 1 of the 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:o;;al of issue or renew a license by the City to an applicant within # 30
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(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)
b)
An applicant is under 18 years of age.
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.
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.
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.
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, If the application is deficient, the inspection
shall be completed within thirty (30) days from the date the deficiency has
been corrected.
The license fee required by this chapter has not been paid.
The applicant has been convicted of a crime involving any of the following
offenses:
c)
d)
e)
t)
g)
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 felease 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.
subdivision 6.
Section 1165.15, subd. 5, of the Hopkins City Code IS renumbered as
Sec. 11. Section 1165. 15, subd. 6, of the Hopkins City Code IS renumbered as
subdivision 7 and is amended to read:
Subd. 6 1. Appeal to City Council. "A1~tion. The City Council shall act to appro've
or disapprove the license application \vitrnn 120 days from the date the application \vas
submitted, provided 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 (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 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. =I- 9. Appeals. '}lithin 90 days after the decision by the Council, the
applicant may appeal to the District Court by sefvicing a notice upon the Mayor of Clerk
of the 11unicipality. 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 fequired 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:
1165.21 Expiration and Renewal. Subdivision 1. Expiration. Each license shall expire at
the end of the calendar year and may be fenewed 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 e~{piration of the license ".vill not be 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:
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 provision of the 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 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..
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Subd. 2. Notice. A suspension by the City Council shall be proceeded by written
notice to the licensee and a f*lblie 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 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 shaH may revoke a license if it
determines that:
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a)
A licensee gave false or misleading information in the material submitted to
the city during the application process;
A licensee or an employee has knowingly allowed possession, use, or sale
of alcoholic beverages or ef controlled substances on the premises~
A licensee or an employee has knowingly allowed prostitution on the
premises;
A licensee or an employee knowingly operated the Adult Oriented Business
during a period of time when the licensee's license was suspended;
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;
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;
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.
If a cause of suspension in Section 1165.23 occurs within 36 (thirty-six)
months after a suspension of a license.
b)
c)
d)
e)
t)
g)
h}
Sec. 19. Section 1165.25, subd. 6, of the Hopkins City Code is amended to read:
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Subd. 6. Notice. A revocation by the eCity Council shall be preceded by written
notice to the licensee and a f*lblie hearing. The notice shall give at least 1 0 (ten) days
notice of the time and place of the hearing and shall state the nature of the charges against
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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 whethef the City Council acted
properly. The licensee may continue doing business until the conclusion of the action.
Sec. 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.
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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.
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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
Adult-oriented business. as
governed and regulated by
Chapter 1165 of the City Code
B-1
B-2
X
B-3
X
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
Adult oriented business.
as governed and regu-
lated by Chapter 1165 of
the City Code.
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First Reading:
May 2, 1995
Second Reading:
June 6, 1995
Date of Publication:
June 14, 1995
Date Ordinance Takes Effect:
ATTEST:
Date
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CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 95-762
AN ORDINANCE AMENDING SECTIONS 515, 520, 535, 540 OF THE HOPKINS
ZONING CODE AND 1165 OF THE HOPKINS CITY CODE
REGARDING ADULT ORIENTED BUSINESSES
This ordinance amends Section 515, 520, 535, 540 of the Hopkins Zoning Code and 1165 of the
Hopkins City Code. The following changes were made:
1. The term adult use is replaced with the term Adult-Oriented Business.
2. The definition of an Adult-Oriented Business is defined to include, among other factors, a
business that excludes minors or has at least 30% of floor area or inventory devoted to
adult uses.
3. The definition of the term "Adult Book and/or Media Store" is revised by replacing "a
substantial portion of its stock in trade" with language referring to at least 30% of floor
area or inventory devoted to adult uses.
4. The definition of the term "Adult Establishment" is deleted from the ordinance.
5. A section is added which defines a "Youth Facility". Youth facilities include playgrounds,
swimming pools, libraries, and daycare facilities.
6. Section 1165.09 which establishes the distances which an adult oriented business must be
from sensitive uses has been amended to include youth facilities.
7. The method is which licenses are issued for adult-oriented businesses is changed. The
City Manager is now required to issue the license to any business that meets the
requirements of the ordinance. Licenses which are denied can be appealed to the City
Council. Time limits are established for making these decisions.
8. Language has been added regarding appeals to state or federal courts from actions taken
by the City Council.
9. A new section is added regafding Adult Cabarets which establishes conditions for the
operation of such establishments.
10. Language is added to the zoning code (Section 520.04) regarding the manner which any
non-conforming adult-oriented business would come into conformance with this
ordinance. Such businesses would be given one year to come into compliance although
they could request a variance based on a hardship.
11. Sections 515.07 and 535.01 of the zoning code are revised by replacing the terms "adult
establishments" , "adult motion picture theater" , and "adult novelty business and
bookstore" with the term adult-oriented business as defined in Section 1165.03, Subd. 2 of
the city code.
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12. Section 540.01 of the zoning code is amended to make adult-oriented businesses
permitted uses in industrially zoned areas of Hopkins.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins library.
First Reading of Ordinance #95-762:
May 2, 1995
Second Reading of Ordinance #95-762 and
approval of the summary of Ordinance #95-762:
June 6, 1995
Date of Publication of the Summary:
June 14, 1995
Effective Date of Ordinance:
July 4, 1995