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

1.7 	Section 1. [617.44] NOTICE TO GOVERNING BODY WHEN PROPOSING TO 
1.8 	CONDUCT CERTAIN ADULTS-ONLY BUSINESSES.
1.9 		Subdivision 1.Definitions. For the purposes of this section, the terms in this section 
1.10 	have the meanings given them.
1.11 	(a) "Adult" means a person who has attained the age of 18.
1.12 	(b) "Adult entertainment establishment" means any commercial establishment, 
1.13 	business, or service, or portion thereof, which offers sexually oriented material, devices, 
1.14 	paraphernalia, or specific sexual activities, services, or performances, or any combination 
1.15 	thereof, or in any other form, whether printed, filmed, recorded, or live.
1.16 	(c) "Adult book store" means any corporation, partnership, or business of any kind 
1.17 	which has as a part of its stock books, magazines, or other periodicals and which offers, 
1.18 	sells, provides, or rents for a fee:
1.19 	(1) any sexually oriented material that the corporation, partnership, or business 
1.20 	restricts or purports to restrict admission to adults, within the meaning of this section, 
1.21 	or to any class of adults;
1.22 	(2) any sexually oriented material which is available for viewing by patrons on the 
1.23 	premises by means of the operation of a video machine or slide projector;
1.24 	(3) any sexually oriented material which has a substantial portion of its contents 
1.25 	devoted to the pictorial depiction of sadism, masochism, or bestiality; or
2.1 	(4) any sexually oriented material which has as its principal theme the depiction of 
2.2 	sexual activity by, or lascivious exhibition of, the uncovered genitals, pubic region, or 
2.3 	buttocks of children who are or appear to be under the age of 18.
2.4 	(d) "Person" means an individual, firm, partnership, corporation, or other entity.
2.5 	(e) "Sexually oriented material" means any book, article, magazine, publication, or 
2.6 	written matter of any kind, drawing, etching, painting, photograph, motion picture film, 
2.7 	or sound recording which depicts sexual activity, actual or simulated, involving human 
2.8 	beings or human beings and animals, or which exhibits uncovered human genitals or 
2.9 	pubic region in a lewd or lascivious manner or which exhibits human male genitals in a 
2.10 	discernibly turgid state, even if completely covered.
2.11 	(f) "Specific sexual activities" includes the following sexual activities and/or the 
2.12 	exhibition of the following anatomical areas:
2.13 	(1) human genitals in the state of sexual stimulation or arousal;
2.14 	(2) acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or 
2.15 	any excretory function, or representation thereof; 
2.16 	(3) the fondling or erotic touching of human genitals, pubic region, buttocks, or the 
2.17 	female breasts; or
2.18 	(4) less than completely opaquely covered:
2.19 	(i) human genitals or pubic region;
2.20 	(ii) buttocks;
2.21 	(iii) female breasts below the top of the areola; or
2.22 	(iv) human male genitals in a discernibly turgid state, even if completely and 
2.23 	opaquely covered.
2.24 		Subd. 2.Notice to city. No person shall engage in, carry on, or participate in 
2.25 	the operation of an adult entertainment establishment or an adult bookstore unless 
2.26 	within 60 days of the commencement of operations of the establishment or bookstore 
2.27 	the person operating the establishment or bookstore gives written notice by certified 
2.28 	mail to the chief clerical officer of the statutory or home rule charter city of the date on 
2.29 	which it will commence operation of the establishment or bookstore. Upon receipt of 
2.30 	the notice, the chief clerical officer must acknowledge receipt of the notice by certified 
2.31 	mail, return receipt requested, and notify the governing body of the receipt of the notice. 
2.32 	The governing body may conduct hearings on the proposed operation of the adult 
2.33 	entertainment establishment or adult bookstore and must give written notice by ordinary 
2.34 	mail to the operator or the establishment or bookstore of any hearings.
2.35 		Subd. 3.Zoning; adult entertainment establishments or bookstores. If an 
2.36 	adult entertainment establishment or an adult bookstore is located within 50 miles of 
3.1 	a statutory or home rule charter city, the governing body of the city is not required 
3.2 	to provide by zoning or otherwise for a location within the city limits in which an 
3.3 	adult entertainment establishment or an adult bookstore may be located. If an adult 
3.4 	entertainment establishment or an adult bookstore is located within 50 miles of the 
3.5 	boundaries of a county, the county board is not required to provide by zoning or otherwise 
3.6 	for a location within the city limits in which an adult entertainment establishment or an 
3.7 	adult bookstore may be located.

3.8 	Sec. 2. EFFECTIVE DATE.
 3.9 	Section 1 is effective the day following final enactment.