1.1 	A bill for an act
1.2 	relating to adults-only businesses; requiring notice to be given to a city or county 
1.3 	of intent to conduct adults-only businesses in certain circumstances; authorizing 
1.4 	cities and counties certain zoning authority as it relates to adults-only businesses; 
1.5 	restricting ownership of adult business establishments by persons convicted of 
1.6 	certain crimes;amending Minnesota Statutes 2004, section 617.241, subdivision 
1.7 	1; proposing coding for new law in Minnesota Statutes, chapter 617.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. PURPOSE; FINDINGS.
 1.10 	The purpose of this act is to establish requirements governing adult entertainment 
1.11 	establishments in order to protect the public health, safety, and welfare and to prevent 
1.12 	criminal activity. The legislature finds that:
1.13 	(1) adult entertainment establishments can contribute to an increase in criminal 
1.14 	activity in the area in which these businesses are located, increasing the demands on 
1.15 	crime-prevention programs and law enforcement services;
1.16 	(2) adult entertainment establishments can be used as fronts for prostitution and 
1.17 	other criminal activity and the proper management and operation of these businesses can 
1.18 	minimize this risk;
1.19 	(3) adult entertainment establishments can increase the risk of exposure to 
1.20 	communicable diseases and facilitate the spread of communicable diseases by virtue of the 
1.21 	design and use of the premises, endangering not only the patrons of these establishments 
1.22 	but also the general public;
1.23 	(4) adult entertainment establishments can cause or contribute to public health 
1.24 	problems by the presence of live adult entertainment in conjunction with food or drink on 
1.25 	the same premises; and 
2.1 	(5) a regulatory scheme as prescribed in this act can aid in monitoring adult 
2.2 	entertainment establishments for adverse secondary effects on the communities in which 
2.3 	they are located. 

2.4 	Sec. 2. Minnesota Statutes 2004, section 617.241, subdivision 1, is amended to read:
2.5 		Subdivision 1.Definitions. For purposes of this section and section 617.242, the 
2.6 	following terms have the meanings given them:
2.7 	(a) "Obscene" means that the work, taken as a whole, appeals to the prurient interest 
2.8 	in sex and depicts or describes in a patently offensive manner sexual conduct and which, 
2.9 	taken as a whole, does not have serious literary, artistic, political, or scientific value. In 
2.10 	order to determine that a work is obscene, the trier of fact must find:
2.11 	(i) that the average person, applying contemporary community standards would find 
2.12 	that the work, taken as a whole, appeals to the prurient interest in sex;
2.13 	(ii) that the work depicts sexual conduct specifically defined by clause (b) in a 
2.14 	patently offensive manner; and
2.15 	(iii) that the work, taken as a whole, lacks serious literary, artistic, political, or 
2.16 	scientific value.
2.17 	(b) "Sexual conduct" means any of the following:
2.18 	(i) An act of sexual intercourse, normal or perverted, actual or simulated, including 
2.19 	genital-genital, anal-genital, or oral-genital intercourse, whether between human beings 
2.20 	or between a human being and an animal.
2.21 	(ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who 
2.22 	is nude or clad in undergarments or in a sexually revealing costume or the condition of 
2.23 	being fettered, bound, or otherwise physically restricted on the part of one so clothed 
2.24 	or who is nude.
2.25 	(iii) Masturbation, excretory functions, or lewd exhibitions of the genitals including 
2.26 	any explicit, close-up representation of a human genital organ.
2.27 	(iv) Physical contact or simulated physical contact with the clothed or unclothed 
2.28 	pubic areas or buttocks of a human male or female, or the breasts of the female, whether 
2.29 	alone or between members of the same or opposite sex or between humans and animals 
2.30 	in an act of apparent sexual stimulation or gratification.
2.31 	(c) "Community" means the political subdivision from which persons properly 
2.32 	qualified to serve as jurors in a criminal proceeding are chosen.
2.33 	(d) "Work" means "material" or "performance."
3.1 	(e) "Material" means a book, magazine, pamphlet, paper, writing, card, 
3.2 	advertisement, circular, print, picture, photograph, motion picture film, videotape, script, 
3.3 	image, instrument, statue, drawing, or other article.
3.4 	(f) "Performance" means a play, motion picture, dance, or other exhibition performed 
3.5 	before an audience.

3.6 	Sec. 3. [617.242] ADULT ENTERTAINMENT ESTABLISHMENTS.
3.7 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
3.8 	(a) "Adult book store" means a business that has as a part of its stock books, 
3.9 	magazines, or other periodicals and that offers, sells, provides, or rents for a fee:
3.10 	(1) sexually oriented material to which the business restricts or purports to restrict 
3.11 	admission to adults;
3.12 	(2) sexually oriented material that is available for viewing by patrons on the 
3.13 	premises by electronic means or by the operation of a video machine or slide projector;
3.14 	(3) sexually oriented material that has a substantial portion of its contents devoted to 
3.15 	the pictorial depiction of sadism, masochism, or bestiality; or
3.16 	(4) sexually oriented material that has as its principal theme the depiction of sexual 
3.17 	activity by, or lascivious exhibition of, the uncovered genitals, pubic region, or buttocks 
3.18 	of children who are or appear to be under the age of 18.
3.19 	(b) "Adult entertainment establishment" means an adult bookstore or adult 
3.20 	performance establishment.
3.21 	(c) "Adult performance establishment" means a business that presents performances 
3.22 	that:
3.23 	(1) are distinguished or characterized by an emphasis on the depiction of sexual 
3.24 	conduct; or
3.25 	(2) involve the live exhibition of sexual conduct, or uncovered or less than 
3.26 	completely opaquely covered: (i) human genitals or pubic region; (ii) buttocks; (iii) female 
3.27 	breasts below the top of the areola; or (iv) human male genitals in a discernibly turgid 
3.28 	state, even if completely and opaquely covered.
3.29 	(d) "Sexually oriented material" means material that depicts or displays sexual 
3.30 	conduct.
3.31 		Subd. 2.Notice to city. A person must not operate an adult entertainment 
3.32 	establishment at a location where this type of establishment was not previously located 
3.33 	unless, within 60 days before commencing operation of the establishment, the person 
3.34 	gives written notice by certified mail to the chief clerical officer of the statutory or home 
3.35 	rule charter city in which it will be located of the date on which the person will commence 
4.1 	operation of the establishment. Upon receipt of the notice, the chief clerical officer must 
4.2 	acknowledge receipt of the notice by certified mail, return receipt requested, addressed to 
4.3 	the person, and notify the governing body of the receipt of the notice. The governing body 
4.4 	may conduct hearings on the proposed operation of the adult entertainment establishment 
4.5 	and must give written notice by ordinary mail to the operator of the establishment of 
4.6 	any hearings.
4.7 		Subd. 3.Zoning; adult entertainment establishments. If an adult entertainment 
4.8 	establishment is located within 50 miles of a statutory or home rule charter city, the 
4.9 	governing body of the city is not required to provide by zoning or otherwise for a location 
4.10 	within the city limits in which an adult entertainment establishment may be located. If an 
4.11 	adult entertainment establishment is located within 50 miles of the boundaries of a county, 
4.12 	the county board is not required to provide by zoning or otherwise for a location within 
4.13 	the county limits in which an adult entertainment establishment may be located.
4.14 		Subd. 4.Proximity. An adult entertainment establishment may not operate in the 
4.15 	same building as, or within 1,500 feet from, another adult entertainment establishment; 
4.16 	within 500 feet of residential property, regardless of how the property is zoned; or within 
4.17 	2,800 feet of a public or private elementary or secondary school or a church. Distances are 
4.18 	measured between the closest property lines.
4.19 		Subd. 5.Hours and days of operation. An adult entertainment establishment 
4.20 	may not be open for business before 10:00 a.m. or after 10:00 p.m. on Monday through 
4.21 	Saturday. An adult entertainment establishment may not be open for business on a Sunday 
4.22 	or legal holiday.
4.23 		Subd. 6.Restrictions on ownership or management by persons convicted of 
4.24 	certain crimes. A person who has been convicted of one of the following offenses may 
4.25 	not operate or manage an adult business establishment for three years after the conviction 
4.26 	for the offense, or a conviction for a similar offense in another state or jurisdiction:
4.27 	(1) prostitution under section 609.321; 609.324; or 609.3242;
4.28 	(2) criminal sexual conduct under sections 609.342 to 609.3451;
4.29 	(3) solicitation of children under section 609.352;
4.30 	(4) indecent exposure under section 617.23;
4.31 	(5) distribution or exhibition of obscene materials and performances under section 
4.32 	617.241;
4.33 	(6) use of a minor in a sexual performance under section 617.246; or
4.34 	(7) possession of pornographic work involving minors under section 617.247.
4.35 		Subd. 7.Local regulation allowed. If a county or statutory or home rule charter city 
4.36 	does not enact an ordinance or regulation governing adult entertainment establishments, 
5.1 	this section applies in the county or city. A county or city may adopt an ordinance or 
5.2 	regulation that is consistent with this section, that supersedes or is in whole or in part more 
5.3 	restrictive than this section, or that provides that this section does not apply in the county 
5.4 	or city, and the county or city ordinance applies.

5.5 	Sec. 4. EFFECTIVE DATE.
 5.6 	This act is effective the day following final enactment.