HF 3779

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

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;proposing coding for new law in Minnesota Statutes, chapter 617.
1.7     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8         Section 1. PURPOSE; FINDINGS.
1.9     The purpose of this act is to establish requirements governing adult entertainment 
1.10    establishments in order to protect the public health, safety, and welfare and to prevent 
1.11    criminal activity. The legislature finds that:
1.12    (1) adult entertainment establishments can contribute to an increase in criminal 
1.13    activity in the area in which these businesses are located, increasing the demands on 
1.14    crime-prevention programs and law enforcement services;
1.15    (2) adult entertainment establishments can be used as fronts for prostitution and 
1.16    other criminal activity and the proper management and operation of these businesses can 
1.17    minimize this risk;
1.18    (3) adult entertainment establishments can increase the risk of exposure to 
1.19    communicable diseases and facilitate the spread of communicable diseases by virtue of the 
1.20    design and use of the premises, endangering not only the patrons of these establishments 
1.21    but also the general public;
1.22    (4) adult entertainment establishments can cause or contribute to public health 
1.23    problems by the presence of live adult entertainment in conjunction with food or drink on 
1.24    the same premises;  
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; and 
2.4     (6) adult entertainment establishments diminish property values and potentially 
2.5     endanger youth if located near schools, churches, or commercial areas.

2.6         Sec. 2. [617.242] ADULT ENTERTAINMENT ESTABLISHMENTS.
2.7         Subdivision 1. Definitions. For purposes of this section:
2.8     (1) "adult entertainment establishment" means a business that is open only to adults 
2.9     and that presents live performances that are distinguished or characterized by an emphasis 
2.10    on the depiction of sexual conduct or sexually oriented entertainment; and
2.11    (2) "sexual conduct" has the meaning given in section 617.241.
2.12        Subd. 2. Notice to city. A person must not operate an adult entertainment 
2.13    establishment at a location where this type of establishment was not previously located 
2.14    unless, at least 60 days before submitting a permit application for operation of the 
2.15    establishment or, if a permit is not required, at least 60 days before beginning operation of 
2.16    the establishment, the person gives written notice by certified mail to the chief clerical 
2.17    officer of the statutory or home rule charter city in which it will be located of the date on 
2.18    which the person intends to begin operation of the establishment. Upon receipt of the 
2.19    notice, the chief clerical officer must acknowledge receipt of the notice by certified mail, 
2.20    return receipt requested, addressed to the person, and notify the governing body of the 
2.21    receipt of the notice. The governing body may conduct hearings on the proposed operation 
2.22    of the adult entertainment establishment and must give written notice by ordinary mail to 
2.23    the operator of the establishment of any hearings.
2.24        Subd. 3. Zoning; adult entertainment establishments. If an adult entertainment 
2.25    establishment is located within 50 miles of a statutory or home rule charter city, the 
2.26    governing body of the city is not required to provide by zoning or otherwise for a location 
2.27    within the city limits in which an adult entertainment establishment may be located. If an 
2.28    adult entertainment establishment is located within 50 miles of the boundaries of a county, 
2.29    the county board is not required to provide by zoning or otherwise for a location within 
2.30    the county limits in which an adult entertainment establishment may be located.
2.31        Subd. 4. Proximity. An adult entertainment establishment may not operate in the 
2.32    same building as, or within 1,500 feet from, another adult entertainment establishment; 
2.33    within 500 feet of residential property, regardless of how the property is zoned; or within 
2.34    2,800 feet of a public or private elementary or secondary school or a church, synagogue, 
3.1     mosque, or other place of worship. Distances are measured between the closest property 
3.2     lines.
3.3         Subd. 5. Hours and days of operation. An adult entertainment establishment 
3.4     may not be open for business before 10:00 a.m. or after 10:00 p.m. on Monday through 
3.5     Saturday. An adult entertainment establishment may not be open for business on a Sunday 
3.6     or legal holiday.
3.7         Subd. 6. Restrictions on ownership or management by persons convicted of 
3.8     certain crimes. A person who has been convicted of one of the following offenses may 
3.9     not operate or manage an adult business establishment for three years after discharge of 
3.10    the sentence for the offense, or a  similar offense in another state or jurisdiction:
3.11    (1) prostitution under section 609.321; 609.324; or 609.3242;
3.12    (2) criminal sexual conduct under sections 609.342 to 609.3451;
3.13    (3) solicitation of children under section 609.352;
3.14    (4) indecent exposure under section 617.23;
3.15    (5) distribution or exhibition of obscene materials and performances under section 
3.16    617.241;
3.17    (6) use of a minor in a sexual performance under section 617.246; or
3.18    (7) possession of pornographic work involving minors under section 617.247.
3.19        Subd. 7. Local regulation allowed. If a county or statutory or home rule charter city 
3.20    does not enact an ordinance or regulation governing adult entertainment establishments, 
3.21    this section applies in the county or city. A county or city may adopt an ordinance or 
3.22    regulation that is consistent with this section, that supersedes or is in whole or in part 
3.23    more restrictive than this section, or that provides that this section does not apply in the 
3.24    county or city, and the county or city ordinance applies. If a county or city adopts an 
3.25    ordinance that only regulates a portion or facet of the operation of an adult entertainment 
3.26    establishment, this section applies to the remainder of the operation that is not regulated 
3.27    by the county or city ordinance, unless the ordinance provides otherwise.

3.28        Sec. 3. EFFECTIVE DATE.
3.29    This act is effective the day following final enactment.