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SF 3394

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to adults-only businesses; requiring notice to be given to a city or county
of intent to conduct adults-only businesses in certain circumstances; authorizing
cities and counties certain zoning authority as it relates to adults-only businesses;
restricting ownership of adult business establishments by persons convicted of
certain crimes; amending Minnesota Statutes 2004, section 617.241, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 617.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin PURPOSE; FINDINGS.
new text end

new text begin The purpose of this act is to establish requirements governing adult entertainment
establishments in order to protect the public health, safety, and welfare and to prevent
criminal activity. The legislature finds that:
new text end

new text begin (1) adult entertainment establishments can contribute to an increase in criminal
activity in the area in which these businesses are located, increasing the demands on
crime-prevention programs and law enforcement services;
new text end

new text begin (2) adult entertainment establishments can be used as fronts for prostitution and
other criminal activity and the proper management and operation of these businesses can
minimize this risk;
new text end

new text begin (3) adult entertainment establishments can increase the risk of exposure to
communicable diseases and facilitate the spread of communicable diseases by virtue of the
design and use of the premises, endangering not only the patrons of these establishments
but also the general public;
new text end

new text begin (4) adult entertainment establishments can cause or contribute to public health
problems by the presence of live adult entertainment in conjunction with food or drink on
the same premises; and
new text end

new text begin (5) a regulatory scheme as prescribed in this act can aid in monitoring adult
entertainment establishments for adverse secondary effects on the communities in which
they are located.
new text end

Sec. 2.

Minnesota Statutes 2004, section 617.241, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this sectionnew text begin and section 617.242new text end , the
following terms have the meanings given them:

(a) "Obscene" means that the work, taken as a whole, appeals to the prurient interest
in sex and depicts or describes in a patently offensive manner sexual conduct and which,
taken as a whole, does not have serious literary, artistic, political, or scientific value. In
order to determine that a work is obscene, the trier of fact must find:

(i) that the average person, applying contemporary community standards would find
that the work, taken as a whole, appeals to the prurient interest in sex;

(ii) that the work depicts sexual conduct specifically defined by clause (b) in a
patently offensive manner; and

(iii) that the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.

(b) "Sexual conduct" means any of the following:

(i) 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.

(ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who
is nude or clad in undergarments or in a sexually revealing costume or the condition of
being fettered, bound, or otherwise physically restricted on the part of one so clothed
or who is nude.

(iii) Masturbation, excretory functions, or lewd exhibitions of the genitals including
any explicit, close-up representation of a human genital organ.

(iv) 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 the 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.

(c) "Community" means the political subdivision from which persons properly
qualified to serve as jurors in a criminal proceeding are chosen.

(d) "Work" means "material" or "performance."

(e) "Material" means a book, magazine, pamphlet, paper, writing, card,
advertisement, circular, print, picture, photograph, motion picture film, videotape, script,
image, instrument, statue, drawing, or other article.

(f) "Performance" means a play, motion picture, dance, or other exhibition performed
before an audience.

Sec. 3.

new text begin [617.242] ADULT ENTERTAINMENT ESTABLISHMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
new text end

new text begin (a) "Adult book store" means a business that has as a part of its stock books,
magazines, or other periodicals and that offers, sells, provides, or rents for a fee:
new text end

new text begin (1) sexually oriented material to which the business restricts or purports to restrict
admission to adults;
new text end

new text begin (2) sexually oriented material that is available for viewing by patrons on the
premises by electronic means or by the operation of a video machine or slide projector;
new text end

new text begin (3) sexually oriented material that has a substantial portion of its contents devoted to
the pictorial depiction of sadism, masochism, or bestiality; or
new text end

new text begin (4) sexually oriented material that has as its principal theme the depiction of sexual
activity by, or lascivious exhibition of, the uncovered genitals, pubic region, or buttocks
of children who are or appear to be under the age of 18.
new text end

new text begin (b) "Adult entertainment establishment" means an adult bookstore or adult
performance establishment.
new text end

new text begin (c) "Adult performance establishment" means a business that presents performances
that:
new text end

new text begin (1) are distinguished or characterized by an emphasis on the depiction of sexual
conduct; or
new text end

new text begin (2) involve the live exhibition of sexual conduct, or uncovered or less than
completely opaquely covered: (i) human genitals or pubic region; (ii) buttocks; (iii) female
breasts below the top of the areola; or (iv) human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
new text end

new text begin (d) "Sexually oriented material" means material that depicts or displays sexual
conduct.
new text end

new text begin Subd. 2. new text end

new text begin Notice to city. new text end

new text begin A person must not operate an adult entertainment
establishment at a location where this type of establishment was not previously located
unless, within 60 days before commencing operation of the establishment, the person
gives written notice by certified mail to the chief clerical officer of the statutory or home
rule charter city in which it will be located of the date on which the person will commence
operation of the establishment. Upon receipt of the notice, the chief clerical officer must
acknowledge receipt of the notice by certified mail, return receipt requested, addressed to
the person, and notify the governing body of the receipt of the notice. The governing body
may conduct hearings on the proposed operation of the adult entertainment establishment
and must give written notice by ordinary mail to the operator of the establishment of
any hearings.
new text end

new text begin Subd. 3. new text end

new text begin Zoning; adult entertainment establishments. new text end

new text begin If an adult entertainment
establishment is located within 50 miles of a statutory or home rule charter city, the
governing body of the city is not required to provide by zoning or otherwise for a location
within the city limits in which an adult entertainment establishment may be located. If an
adult entertainment establishment is located within 50 miles of the boundaries of a county,
the county board is not required to provide by zoning or otherwise for a location within
the county limits in which an adult entertainment establishment may be located.
new text end

new text begin Subd. 4. new text end

new text begin Proximity. new text end

new text begin An adult entertainment establishment may not operate in the
same building as, or within 1,500 feet from, another adult entertainment establishment;
within 500 feet of residential property, regardless of how the property is zoned; or within
2,800 feet of a public or private elementary or secondary school or a church. Distances are
measured between the closest property lines.
new text end

new text begin Subd. 5. new text end

new text begin Hours and days of operation. new text end

new text begin An adult entertainment establishment
may not be open for business before 10:00 a.m. or after 10:00 p.m. on Monday through
Saturday. An adult entertainment establishment may not be open for business on a Sunday
or legal holiday.
new text end

new text begin Subd. 6. new text end

new text begin Restrictions on ownership or management by persons convicted of
certain crimes.
new text end

new text begin A person who has been convicted of one of the following offenses may
not operate or manage an adult business establishment for three years after the conviction
for the offense, or a conviction for a similar offense in another state or jurisdiction:
new text end

new text begin (1) prostitution under section 609.321; 609.324; or 609.3242;
new text end

new text begin (2) criminal sexual conduct under sections 609.342 to 609.3451;
new text end

new text begin (3) solicitation of children under section 609.352;
new text end

new text begin (4) indecent exposure under section 617.23;
new text end

new text begin (5) distribution or exhibition of obscene materials and performances under section
617.241;
new text end

new text begin (6) use of a minor in a sexual performance under section 617.246; or
new text end

new text begin (7) possession of pornographic work involving minors under section 617.247.
new text end

new text begin Subd. 7. new text end

new text begin Local regulation allowed. new text end

new text begin If a county or statutory or home rule charter city
does not enact an ordinance or regulation governing adult entertainment establishments,
this section applies in the county or city. A county or city may adopt an ordinance or
regulation that is consistent with this section, that supersedes or is in whole or in part more
restrictive than this section, or that provides that this section does not apply in the county
or city, and the county or city ordinance applies.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end