Proctor Journal

CITY COUNCIL MEETING

July 5, 2000

Summary of the proceedings of the City Council Meeting, Wednesday, July 5, 2000, at 6:00 p.m. in the Council Chambers, Public Utilities Building, 210 3rd Street.

Members present: Councilors Jake Benson, Dick Kieren, Phil Larson, Tom Lavato, Mayor Rohweder.

Others in attendance included City Attorney John Bray, City Administrator John Foschi, Administrative Secretary Terry Martin, Animal Control Officer Annette Foucault, LHB Project Engineer Greg Stoewer and others as listed on sign-in sheet.

The following motions were approved:

Motion by Lavato, seconded by Kieren and carried: To approve the June 19, 2000 City Council meeting minutes. M-226-00-401

Motion by Benson, seconded by Larson and carried: To approve the amended agenda to include 5.A. Garbage assessment roll hearing - delinquent assessment roll for appeals public input. M-227-00-401

Motion by Kieren, seconded by Lavato and carried: To suspend the agenda at 6:04 p.m. to take input from the audience. M-228-00-401

Motion by Lavato, seconded by Larson and carried: To accept the June 26, 2000 Planning & Zoning Commission meeting minutes. M-229-00-401

Motion by Benson, seconded by Larson and carried: To approve City of Proctor’s Conditional Use Permit that will allow the location of a community building in an O/R zone on Parcel’s 185-0110-00010 (Vacated Lots 1 thru 5, Block 3 1/2); 185-0110-00060 (Vacated Lots 1 thru 15, Block 4); 185-0110-00870 (Lots 18 & 38 Ex Ely 13 Ft and Lots 19 thru 37, Block 7) all on Magoffin’s Division; & 185-0240-00607 (N 800 Ft Of W 400 Ft Of NW 1/4 Of SE 1/4 And 100 Ft SEly Of SE Boundary Of RY Rt Of Way, Lands In The City). M-230-00-401

Motion by Lavato, seconded by Larson and carried: To approve the Governmental Funds (including General Fund) payrolls for the period ending June 18, 2000 in the amount of $30,585.00; and the Liquor Fund payroll for the period ending June 18, 2000 in the amount of $2,651.98. M-231-00-4057

Motion by Rohweder, seconded by Lavato and carried: To call for a public hearing on July 17, 2000, 6:30 p.m. to collect public input on Proctor’s year 2001 St. Louis County Community Block Development Grant (CDBG) applications and to collect public input on other City needs. M-232-00-401

Motion by Kieren, seconded by Larson and carried: To approve the purchase of a back flow valve and its installation at 9 First Street. M-233-00-401

Motion by Rohweder, seconded by Kieren and carried: That City accept the LHB 1st Street feasibility study and order LHB to prepare proposal for plan preparation for one block from 1st Avenue to Boundary Avenue. M-234-00-401

Motion by Lavato, seconded by Rohweder and carried: To accept the June 15, 2000 Proctor Economic Development Authority meeting minutes. M-235-00-401

Motion by Kieren, seconded by Lavato and carried: To accept the June 20, 2000 Joint Use Facilities Committee meeting minutes. M-236-00-401

Motion by Rohweder, seconded by Kieren and carried: To approve Professional Services Supplement #2 & #3 between the City of Proctor and LHB Engineers & Architects for the Proctor Community Activity Center. M-237-00-401

Motion by Lavato, seconded by Benson and carried: To accept the bid from Lance Siddens (not to exceed $8,750.00) for all architectural services for the construction of a new golf course clubhouse building. M-238-00-401

Motion by Rohweder, seconded by Kieren and carried: To approve the 2000 fireworks bid from Arrowhead Fireworks, Inc. not to exceed $3,500.00. M-239-00-401

Motion by Lavato, seconded by Rohweder and carried: To accept revised easement agreements with property owners of 133 Sixth Street and 620 Second Avenue. M-240-00-401

Motion by Lavato, seconded by Benson and carried: To approve the Governmental fund bills in the amount of $85,511.88; and the Liquor Fund bills in the amount of $34,383.68. Roll call vote: Councilors Benson - yes, Kieren - yes, Larson - yes, Lavato - yes, Mayor Rohweder - yes. M-241-00-401, 481

Motion by Lavato, seconded by Rohweder and carried: To adjourn the meeting at 8:38 p.m. M-242-00-401

The First Reading was held on the following ordinance with the Second Reading to be enacted (at which time Council will vote to adopt or not adopt these ordinance changes) at the next regularly scheduled meeting after its publication:

Ordinance No. 04-00

Proposed Amendment to

Proctor City Code

Chapter 612, SEXUALLY-ORIENTED BUSINESSES.

Chapter 612, SEXUALLY-ORIENTED BUSINESSES, is hereby added to the City Code as follows:

SECTION 1. PURPOSE, FINDINGS and CONCLUSIONS

A. Purpose. Purpose of this ordinance is to control and regulate certain land uses that have a direct and detrimental effect on the character of the City of Proctor’s residential and commercial neighborhoods.

B. Findings. The City Council of the City of Proctor makes for the following Findings regarding the effect of where sexually-oriented businesses are located.

(1.) Sexually-oriented businesses can exert a dehumanizing influence on persons attending places of worship, children attending licensed day care homes, persons using public parks, and children and other persons attending public schools;

(2.) Sexually-oriented businesses can contribute an increase in criminal activity in the area where such businesses are located, taxing local law enforcement services;

(3.) Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the value of the residential housing in the area in which such businesses are located.

(4.) The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of such businesses is perceived by others as an indication that the area is desecrating and the result can be devastating as other businesses and residences move out of the vicinity. Declining real estate values, which can result from the concentration of such business, erode the City’s tax base.

C. Authority. This City has the authority to regulate the location of this type of business.

D. Conclusions. In order to minimize the detrimental effect that sexually-oriented businesses have on adjacent land uses, the City Council adopts the following ordinance, recognizing that it has a great interest in the present and future character of the city’s residential and commercial neighborhoods.

SECTION 2. DEFINITIONS

A. Adults-only bookstore. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as defined below, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein. It shall be presumed that an establishment is an “adult only bookstore” if ten percent (10%) or more of its floor space is devoted to such materials.

B. Adults-only motion picture theater/video store. An enclosed building used regularly and routinely for presenting, selling, or renting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, for observation by patrons therein. It shall be presumed that an establishment is an “adults only motion picture theater/video store” if ten percent (10%) or more of its floor space is devoted to such materials.

C. Massage parlor. A massage parlor which restricts minors by reason of age, or which provides the service of “massage”, if such service is distinguished by an emphasis on nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, for observation or participation by patrons therein.

D. Nudity. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

E. Adult Rap parlor. A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, for observation or participation by patrons therein.

F. Adult Sauna. An establishment or place primarily in the business of providing (i) a steam bath or hot air bathing, and/or (ii) massage services which excludes minors by reason of age where such service(s) is distinguished or characterized by an emphasis on nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, for patrons.

G. Sexual conduct. Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.

H. Sexual excitement. The condition of human male or female genitals when in a state of sexual stimulation or arousal.

I. Sadomasochist abuse. Flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

J. Adult entertainment center. An enclosed building or a part of an enclosed building, wherein an admission is charged for entrance into the facility, or for food, alcoholic beverages or other beverages intended for consumption within the facility, wherein may be observed or which contains one or more coin-operated mechanisms which when activated permit a customer to view one or more live persons unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the aureole, or any portion of the pubic hair, anus, cleft or the buttocks, vulva or genitals.

K. Adult cabaret. A building or portion of a business used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, for observation or participation by patrons therein.

L. Adult health/sport club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, for observation or participation by patrons therein.

M. Adult steam room/ bathhouse facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/ bathhouse facility is distinguished or characterized by an emphasis on nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, for observation or participation by patrons therein.

N. Sexually-oriented business. An adult bookstore, adult theater, adult massage parlor, adult conversation/rap parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined here.

SECTION 3. LOCATION RESTRICTIONS

A. Adult use only bookstore, adult theaters, adult massage parlors, adult conversation/rap parlors, adult saunas, adult entertainment centers, adult cabarets, adult steam room/ bathhouse facilities, and other sexually-oriented businesses may be located or maintained within commercially zoned areas only.

B. Adults-only bookstores, adult theaters, adult massage parlor, adult conversation/rap parlor, health/sport club, adult steam room/bathhouse, and other sexually-oriented businesses shall not:

(1) be operated or maintained within 1,000 feet of a residential zone.

(2.) be operated or maintained within 1,000 feet of a church, licensed day care facility, public library, educational facility which serves persons age 17 or younger, place of worship, public park or elderly housing facility.

(3.) be operated or maintained within 2,000 feet of another such sexually-oriented business.

(4.) in regard to distance limitations set forth herein, be measured in a straight line from the primary structure of said premises in commercially-zoned districts or from the demarcation lines of residential zones.

(5.) be located in the same building or upon the same property as another such use.

SECTION 4. REGULATED USES

A. Windows. Notwithstanding any other provision of this code, a sexually-oriented business:

(1.) shall not display merchandise or pictures of the products or entertainment in window areas or any area where they can be viewed from the road frontage.

(2.) shall leave windows covered or opaque.

(3.) shall not place a sign in any window, notwithstanding other ordinances regulating signs on commercial structures.

B. Hours of Operation. Notwithstanding any other provisions of this code, a sexually-oriented business:

(1.) may operate between 10:00 a.m. and 12:00 p.m.

(2.) shall be closed on Sundays and Holidays as defined by the City Code herein.

C. Physical Contact. Notwithstanding any other provisions of this code, a sexually-oriented business:

(1.) employing dancers or other live entertainment shall not allow physical contact between the dancers/entertainers and the patrons of the business.

(2.) employing dancers or other live entertainers shall maintain a distance of at least four (4) feet at all times between the dancers/ entertainers and the patrons of the business.

D. Gratuities. Notwithstanding any other provision of this code, a sexually-oriented business:

(1.) shall not allow its dancers or other live entertainers to solicit payments/gratuities from the patrons of the business.

(2.) shall not allow the patrons of the business to make direct payment/gratuities to its dancers or other live entertainers.

SECTION 5. PENALTY

A violation of this ordinance shall be a misdemeanor under Minnesota law.

SECTION 6. SEVERABILITY

If any sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each sub-section, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, sub-section, sentences, clauses, or phrases be declared invalid.

SECTION 7. LICENSING

A. Basic Provisions for Licensing.

(1.) License Required. No person or corporation, shall directly or indirectly deal in or operate in this City an adult use only bookstore, adult theaters, adult massage parlors, adult conversation/rap parlors, adult saunas, adult entertainment centers, adult cabarets, adult steam room/bathhouse facilities, or other sexually-oriented businesses without a license to do so as provided in this Ordinance.

B. License Process.

(1.) Application. Every application for a license under this section shall state the name of the applicant, his age, representations as to his character with such references as the Council may require, his citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the Council may require from time to time. In addition, the application shall be verified and filed with the City Clerk. No person shall make a false statement in an application.

(2.) License Fee. The annual fee for a license under this chapter shall be $1,200.00.

(3.) Payment of Fee. Each application for a license issued pursuant to this chapter shall be accompanied by a certified check or money order for the license fee. All fees shall be paid into the general fund. If a license is rejected, a full refund of the fee shall be made.

(4.) Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without having been first considered by the City.

C. Denial of License. No license shall be granted to or held by any person who:

(1.) Is under 21 years of age;

(2.) Is an alien or non-resident of the State of Minnesota;

(3.) Is not of good moral character;

(4.) Is not the proprietor of the establishment for which the license is issued.

(5.) Is not current on real property taxes, assessments and city-owned utilities relating to the licensed premises.

(6.) In addition, the City may refuse to renew the license of and shall refuse to issue a new license to a person who, within five (5) years of the license application, has been convicted of a willful violation of a federal, state law, or local ordinance concerning the type of businesses covered by this Ordinance.

D. Inappropriate Licensee and Revocation

(1.) Conviction/Revocation. The City Council shall not grant any licenses to any premises where a licensee has been convicted of violating this chapter or any state law concerning the type of businesses covered by this Ordinance, where any license to operate hereunder has been revoked for cause unless one year’s time has elapsed after conviction or revocation. A plea of guilty shall constitute a conviction.

(2.) Suspension/Revocation Process. The violation of any provision or condition of this chapter or any other ordinance or state law or regulation concerning the type of businesses covered by this Ordinance is grounds for revocation or suspension of the license. A license granted under this Ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing held by the Council. The notice shall give at least ten (10) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The City may suspend any license pending a hearing on revocation or suspension. No suspension shall exceed sixty (60) days. Repeated violations (more than two) by the same licensee, its heirs or assigns, may be subject to revocation of said license through the hearing process.

E. Enforcement and Inspection

(1.) Enforcement. It shall be the duty of all police officers of the City to enforce the provisions of this Ordinance and state law, to search premises and seize evidence of violation, reserve the same as evidence against the person alleged to be in violation, and to prepare the necessary processes and papers therefor.

(2.) Inspections. Any business which is the subject of a license issued under this Ordinance shall be open at all reasonable hours for inspection by any peace officer, or other properly designated officer of the City. Refusal to permit such inspection shall be a violation of this Code.

F. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of order.

The Second Reading was held on the following:

Motion by Kieren, seconded by Lavato and carried: To adopt the following as published in its entirety on June 29, 2000.

Councilor Benson noted his overall support but objects to Section 4 (b) (2).

Ordinance No. 03-00

Ordinance Declaring Temporary

Moratorium On Adult Uses Within The City of Proctor

The foregoing is only a summary of the proceedings of the City Council meeting described above.

The complete minutes of such meeting are available for inspection in the office of the City Administrator during regular business hours of the City.

John M. Foschi

City Administrator

P.J. - July 27, 2000