HF 3779

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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;
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 [617.44] NOTICE TO GOVERNING BODY WHEN PROPOSING TO
CONDUCT CERTAIN ADULTS-ONLY BUSINESSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms in this section
have the meanings given them.
new text end

new text begin (a) "Adult" means a person who has attained the age of 18.
new text end

new text begin (b) "Adult entertainment establishment" means any commercial establishment,
business, or service, or portion thereof, which offers sexually oriented material, devices,
paraphernalia, or specific sexual activities, services, or performances, or any combination
thereof, or in any other form, whether printed, filmed, recorded, or live.
new text end

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

new text begin (1) any sexually oriented material that the corporation, partnership, or business
restricts or purports to restrict admission to adults, within the meaning of this section,
or to any class of adults;
new text end

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

new text begin (3) any sexually oriented material which 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) any sexually oriented material which 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 (d) "Person" means an individual, firm, partnership, corporation, or other entity.
new text end

new text begin (e) "Sexually oriented material" means any book, article, magazine, publication, or
written matter of any kind, drawing, etching, painting, photograph, motion picture film,
or sound recording which depicts sexual activity, actual or simulated, involving human
beings or human beings and animals, or which exhibits uncovered human genitals or
pubic region in a lewd or lascivious manner or which exhibits human male genitals in a
discernibly turgid state, even if completely covered.
new text end

new text begin (f) "Specific sexual activities" includes the following sexual activities and/or the
exhibition of the following anatomical areas:
new text end

new text begin (1) human genitals in the state of sexual stimulation or arousal;
new text end

new text begin (2) acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or
any excretory function, or representation thereof;
new text end

new text begin (3) the fondling or erotic touching of human genitals, pubic region, buttocks, or the
female breasts; or
new text end

new text begin (4) less than completely opaquely covered:
new text end

new text begin (i) human genitals or pubic region;
new text end

new text begin (ii) buttocks;
new text end

new text begin (iii) female breasts below the top of the areola; or
new text end

new text begin (iv) human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
new text end

new text begin Subd. 2. new text end

new text begin Notice to city. new text end

new text begin No person shall engage in, carry on, or participate in
the operation of an adult entertainment establishment or an adult bookstore unless
within 60 days of the commencement of operations of the establishment or bookstore
the person operating the establishment or bookstore gives written notice by certified
mail to the chief clerical officer of the statutory or home rule charter city of the date on
which it will commence operation of the establishment or bookstore. Upon receipt of
the notice, the chief clerical officer must acknowledge receipt of the notice by certified
mail, return receipt requested, 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 or adult bookstore and must give written notice by ordinary
mail to the operator or the establishment or bookstore of any hearings.
new text end

new text begin Subd. 3. new text end

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

new text begin If an
adult entertainment establishment or an adult bookstore 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 or an adult bookstore may be located. If an adult
entertainment establishment or an adult bookstore 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 city limits in which an adult entertainment establishment or an
adult bookstore may be located.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end