Minnesota Session Laws - 2006, Regular Session

CHAPTER 240--H.F.No. 3779

An act

relating to adults-only businesses; requiring notice to be given to a city, town, or county of intent to conduct adults-only businesses in certain circumstances; authorizing cities, towns, and counties certain zoning authority as it relates to adults-only businesses; restricting ownership of adult business establishments by persons convicted of certain crimes;

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; 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; and new text end

new text begin (6) adult entertainment establishments diminish property values and potentially endanger youth if located near schools, churches, or commercial areas. new text end

Sec. 2.

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 For purposes of this section: new text end

new text begin (1) "adult entertainment establishment" means a business that is open only to adults and that presents live performances that are distinguished or characterized by an emphasis on the depiction of sexual conduct or nudity; new text end

new text begin (2) "sexual conduct" has the meaning given in section 617.241; and new text end

new text begin (3) nudity has the meaning given in section 617.292, subdivision 3. new text end

new text begin Subd. 2. new text end

new text begin Notice to local government unit. 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, at least 60 days before submitting a permit application for operation of the establishment or, if a permit is not required, at least 60 days before beginning 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 intends to begin operation of the establishment. If the adult entertainment establishment is proposed to be located outside the boundaries of a statutory or home rule charter city the notice must be given to the clerk of the town board and the county auditor of the county in which the establishment is proposed to be located. Upon receipt of the notice, the officer must acknowledge receipt of the notice by certified mail, return receipt requested, addressed to the person, and notify the governing body or town board of the receipt of the notice. The governing body or town board 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 or town, the governing body of the city or the town board is not required to provide by zoning or otherwise for a location within the city or town 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, synagogue, mosque, or other place of worship. 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 located in a statutory or home rule city, town, or county that does not regulate hours of operation may not be open for business before 10:00 a.m. or after 10:00 p.m. on Monday through Saturday and 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 discharge of the sentence for the offense, or 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, town, or statutory or home rule charter city does not enact an ordinance or regulation governing adult entertainment establishments, this section applies in the county, town, or city. A county, town, 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, town, or city, and the county, town, or city ordinance applies. If a county, town, or city adopts an ordinance that only regulates a portion or facet of the operation of an adult entertainment establishment, this section applies to the remainder of the operation that is not regulated by the county, town, or city ordinance, unless the ordinance provides otherwise. new text end

Sec. 3.

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor May 22, 2006

Signed by the governor May 26, 2006, 4:55 p.m.