HomeMy WebLinkAboutOrdinance - 13-2018 - Interim Ordinance Prohibiting New Adult Use Establishments & Pawnshops - 06/21/2018 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13-2018
AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
TEMPORARILY PROHIBITING ALL NEW ADULT USE ESTABLISHMENTS AND
PAWNSHOPS; AND ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS
CONTAIN PENALTY PROVISIONS
WHEREAS the City Council was presented with a report by City Staff of the regulations of
other Cities with respect to Adult Use Establishments and Pawnshops (hereinafter the Studied
Uses); and
WHEREAS, the City's current regulations do not adequately address Adult Use Establishments
and Pawnshops; and
WHEREAS, the City Council finds that to protect the planning process and the health, safety
and welfare of the public the City must conduct a study to determine what amendments to the
City Code will be required to deal effectively with Adult Use Establishments and Pawnshops.
This study will include review of factual data relating to Adult Use Establishments and
Pawnshops; review of actions taken by other governmental entities relating to Adult Use
Establishments and Pawnshops; and analysis of the options relating to Adult Use Establishments
and Pawnshops available to the City to protect the planning process and the health, safety and
welfare of the public; and
WHEREAS, the City Council has concluded that the public health, safety and welfare and sound
planning require that a moratorium be imposed on the approval of any Adult Use Establishments
and Pawnshops during the pendency of the study and the various public hearings preceding
possible adoption amendments to the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS
AS FOLLOWS:
Section 1. Findings and Intent.
A. Adult Use Establishments.
1. The Minnesota State Attorney General prepared a report entitled "Report of the Attorney
General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6,
1989. The Report considered evidence from studies conducted in Minneapolis and St.
Paul and in other cities throughout the country relating to sexually oriented businesses,
also called adult establishments. The Attorney General's Report, based upon the above
referenced studies and the testimony presented to it, concluded "that sexually oriented
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businesses are associated with high crime rates and depression of property values." In
addition, the Attorney General's Working Group "...heard testimony that the character of
a neighborhood can dramatically change when there is a concentration of sexually
oriented businesses."The Report concluded that:
a. Adult uses have an impact on the neighborhoods surrounding them which is
distinct from the impact caused by other commercial uses;
b. Neighborhoods located within proximity to adult theaters, bookstores and other
adult uses experience increased crime rates (sex-related crimes in particular),
lowered property values, increased transiency, and decreased stability of
ownership;
C. The adverse impacts which adult uses have on surrounding areas diminish as the
distance from the adult use increases;
d. Studies of other cities have shown that among the crimes which tend to increase
either within or in the near vicinity of adult uses are rapes, prostitution, child
molestation, indecent exposure and other lewd and lascivious behavior.
e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the
average 500 percent higher in areas with sexually oriented businesses;
f. Many members of the public perceive areas within which adult uses are located as
less safe than other areas which do not have such uses;
g. Studies of other cities have shown that the values of both commercial and
residential properties either are diminished or fail to appreciate at the rate of other
comparable properties when located in proximity of adult uses;
h. The Indianapolis, Indiana study established that professional real estate appraisers
believe that an adult bookstore would have a negative effect on the value of both
residential and commercial properties within a one to three block area of the store;
i. The adverse impacts of adult uses are exacerbated when the uses are located near
each other; and
j. The presence of liquor establishments in the immediate vicinity of adult uses also
compounds the adverse impacts on the neighborhood.
2. City Staff presented a report to the Council identifying the regulations adopted by eight
cities in the Metropolitan Area.
3. All of the cities reviewed required a license for an adult use; most of the cities allow an
adult use in commercial zones; some of the cities allow an adult use in industrial zones
or both commercial and industrial; and six of the eight have distance requirements.
4. The City Council finds that the characteristics of Eden Prairie are similar to those of the
cities cited by the Report when considering the effects of adult uses; and
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5. The City Council finds, based upon the Report and the studies cited therein, that adult
uses will have adverse secondary effects upon certain pre-existing land uses within the
City.
B. Pawnshops.
1. City Staff prepared a report to the Council identifying the regulations adopted by the City
with respect to Pawnshops.
2. City regulations require Pawnshops to have a license; make a record of each piece of
property received; file with the police a daily report for certain items received; obtain a
photograph of each person selling or pawning any property; and make records available
for inspection by the police department.
3. Other communities in the area have similar regulations. In addition, other communities
have adopted one or more of the following regulations: Pawnshops not allowed in
residentially zoned area, Pawnshops not allowed on property with a liquor license,
Pawnshops not allowed on a property with unpaid taxes; Pawnshops must be 750 feet
from a daycare, residential property, church, school, playground, park, library,
commercial recreation facility, adult business or second-hand store or consignment house.
4. State law does not allow Pawnshops within six (6)miles of a casino.
5. The Star Tribune reported in 2015 that in 2013, 260 police agencies using the Automated
Property System recovered an estimated$1.2 million worth of goods. The Automated Property
System is used a primary tool by which Pawnshops file reports with police.
6. The Eden Prairie Police find stolen property through the reports filed by Pawnshops.
7. The City Council finds, based on the above that Pawnshops may have adverse secondary
effects upon certain pre-existing land uses within the City.
C. Maps of Distance Requirements.
1. City staff report included maps that showed identified 500 foot and 1000-foot buffers
from schools, daycares, churches, community centers, liquor stores,parks and residential.
2. The Council finds that more study is necessary to determine whether a buffer is
appropriate from any of the uses identified in the study and if so the type of buffer that is
appropriate and reasonable to protect the health, safety and welfare of the City and its
residents.
Section 2: Definitions
A. Adult Use Establishments.
Adult Use Establishments include adult bookstores, adult motion picture theaters, adult motion
picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam
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room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation
parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture
arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other
premises, enterprises, establishments, businesses or places open to some or all members of the
public, at or in which there is an emphasis on the presentation, display, depiction or description
of"specified sexual activities" or "specified anatomical areas" which are capable of being seen
by members of the public.
B. "Specified sexual activities" or "specified anatomical areas" includes any activity
consisting of any of the following:
1. The term "nudity" means uncovered, or less than opaquely covered, post-pubertal human
genitals, pubic areas, the post-pubertal human female breast below a point immediately
above the top of the areola, or the covered human male genitals in a discernibly turgid
state. For purposes of this definition, a female breast is considered uncovered if the nipple
only or the nipple and the areola are covered.
2. The term "obscene performance" means a play, motion picture, dance, show, or other
presentation, whether pictured, animated, or live, performed before an audience and
which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement, or
sado-masochistic abuse, or which includes obscenities or explicit verbal descriptions or
narrative accounts of sexual conducts.
3. The term "obscenities" means those slang words currently generally rejected for regular
use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or
excretory functions or products, either that have no other meaning or that in context are
clearly used for their bodily, sexual, or excretory meaning.
4. The term "sado-masochistic abuse" means flagellation or torture by or upon a person who
is nude or clad in undergarments or in revealing or bizarre costume, or the condition of
being fettered, bound, or otherwise physically restrained on the part of one so clothed.
5. The term "sexual conduct" means human masturbation, sexual intercourse, or any
touching of the genitals, pubic areas, or buttocks of the human male or female, or the
breasts of the female, whether alone or between members of the same or opposite sex or
between humans and animals in an act of apparent sexual stimulation or gratification.
6. The term "sexual excitement" means the condition of human male or female genitals or
the breasts of the female when in a state of sexual stimulation, of the sensual experience
of humans engaging in or witnessing sexual conduct or nudity.
C. Adult Uses-Accessory.
A use, business, or establishment having ten percent (10%) or less of its stock in trade or floor
area allocated to, or twenty percent (20%) or less of its gross receipts derived from adult movie
rentals or adult magazine sales.
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D. Adult Uses-Principal.
A use, business or establishment having more than ten percent (10%) of its stock in trade or floor
area allocated to, or more than twenty percent (20%) of its gross receipts derived from adult
movie rentals or adult magazine sales.
E. Pawnshops and Pawnbroker.
Pawnshops and Pawnbroker have the meaning set forth in City Code Section 5.71, Subd. 2.
Section 3: Substantial Governmental Purpose
The regulation, restriction, and prohibition of certain activities and development within City is
necessary and appropriate to preserve the planning process, to prevent the adverse secondary
effects, or potential effects, of adult uses, and to protect the public health, safety, and welfare
pending the completion of the study and/or official controls process.
Section 4. Authorization of Study. Pursuant to Minn. Stat. Section 462.355, Subd. 4, the City is
authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in
all or part of the City for a period of one year(subject to exceptions as stated in Section 463.355)
while the City is conducting studies, or has authorized studies to be conducted, or has scheduled
a hearing to consider adoption or amendment of official contracts, including ordinances
regulating, restricting or prohibiting any use of development within the City. The City Council
finds that to protect the planning process and the health, safety and welfare of the general public
the City must conduct studies to determine what amendments to the City Code will be required to
deal effectively with Adult Use Establishments and Pawnshops. The studies will include review
of data relating to Adult Use Establishments and Pawnshops available to the City to protect the
planning process and the health, safety and welfare of the general public. Pursuant to this Interim
Ordinance and as authorized by separate Resolution, the City Council determines to authorize
and conduct a study or studies to determine what amendments to the City Code will be required
to deal effectively with Adult Use Establishments and Pawnshops. The study or studies will
include review of factual data relating Adult Use Establishments and Pawnshops; review of
actions taken by other governmental entities relating to Adult Use Establishments and
Pawnshops; and analysis of the options relating to Adult Use Establishments and Pawnshops
available to the City in order to protect the planning process and the health, safety and welfare of
the general public. Upon completion of the study or studies, potential City Code amendments
shall be reviewed by the City Council.
Section 5: Interim Ordinance. Pending the completion of the above studies and the adoption of
appropriate official controls, for a period of one year (subject to exceptions as state in Section
462.355) after the Effective Date of this Ordinance, there shall be no use, development or
subdivision of property within the City relating to Adult Use Establishments or Pawnshops; no
application shall be accepted, processed or approved for use of property within the City for use as
an Adult Use Establishment or a Pawnshop; no Adult Use Establishments, either Principal or
Accessory, shall be established, developed, located or relocated, or transferred pending
completion of the study; no Pawnshops shall be established, developed, located or relocated, or
transferred pending completion of the Study. The Interim Ordinance shall apply to all property
within the City.
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Section 6. Exceptions. This moratorium shall not apply to Adult Use Establishments and
Pawnshops established in the City as of the date of this Ordinance.
Section 7: Enforcement
The City may enforce any provision of this Ordinance by mandamus, injunction, or any other
appropriate civil remedy in any court of competent jurisdiction.
Section 8• Term
Unless earlier terminated by the City, this Ordinance shall be effective for 12 months from its
effective date and may be further extended for such additional periods as the City deems
appropriate and necessary, as allowed by State Statute.
Section 9: Severability
Every section, provision, sentence, or phrase of this Ordinance is separate from every other
section, provision, sentence, or phrase of this Ordinance. If any section, provision, sentence, or
phrase is adjudicated to be invalid by a court of competent jurisdiction, preempted by state or
federal law, or otherwise held invalid, such judgment shall not invalidate any other section,
provision, sentence, or phrase of this Ordinance.
Section 10: Effective Date
This Ordinance shall be in force and effect immediately upon its passage and approval and
publication of a summary hereof.
Section 11. Penalty Provisions
City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though
repeated verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 121h day
of June, 2018, and finally read and adopted and ordered published at a regular meeting of the
City Council on the 12th day of June, 2018.
ADOPTED by the City Council on June 12, 2018.
Nac T a or
ATTEST:
a
Kat een Porta, City Clerk
Published in the Eden Prairie News on the 21 sc day of June, 2018.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ADULT USE ESTABLISHMENTS AND PAWNSHOPS
SUMMARY OF
ORDINANCE NO. 13-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, TO
TEMPORARILIY IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ANY
NEW ADULT USE ESTABLISHMENTS OR PAWNSHOPS AND AUTHORIZING A
STUDY OR STUIDES TO RECOMMEND WHETHER ANY AMENDMENTS TO THE
CITY CODE ARE NECESSARY
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance imposes a temporary moratorium on the establishment of any
new Adult Use Establishments or Pawnshops and authorizes a study or studies to recommend
whether any amendments are necessary to City Code for the health, safety, and welfare of the
community.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
�L
Kat een Porta, City Clerk cy, a- e yor
PUBLISHED in the Eden Prairie News on June 21, 2018.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
CITY OF EDEN PRAIRIE. )SS.
HENNEPIN COUNTY, County of Hennepin )
MINNESOTA
ADULT USE
ESTABLISHMENTS AND
PAWNSHOPS
SUMMARY OF ORDINANCE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
NO.13-2018 publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
A N ORDINANCE has full knowledge of the facts herein stated as follows:
OF THE CITY OF EDEN
PRAIRIE, MINNESOTA, TO (A)This newspaper has complied with the requirements constituting qualification as a legal
TEMPORARILIY MORATORIUM ON THEE IMPOSE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
MORAT ESTABLISHMENT OF ANY NEW amended.
ADULT USE ESTABLISHMENTS C�
OR PAWNSHOPS AND (B)The printed public notice that is attached to this Affidavit and identified as No. 3
3 4 o
AUTHORIZING A STUDY OR was published on the date or dates and in the newspaper stated in the attached Notice and said
STUIDES TO RECOMMEND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
WHETHER ANY AMENDMENTS the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
TO THE CITY CODE ARE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
NECESSARY and publication of the Notice:
THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE, abcdefghijkhnnopgrstu xyz
MINNESOTA,ORDAINS:
Summary: This ordinance
imposes a temporary moratorium
on the establishment of any y, f
new Adult Use Establishments
or Pawnshops and authorizes a Laurie A.Hartmann
study or studies to recommend
whether any amendments are
necessary to City Code for the Subscribed and sworn before me on
health,safety,and welfare of the
community.
Effective Date: This
Ordinance shall take effect upon
publication. this _day of ,2018
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City
Clerk
(A full copy of the text of =(& NOTARY
ETTE BARK
this Ordinance is available from :/
City Clerk.) MINNESOTA
(Published in the Eden Prairie Public PIRES 01 J31 J23
News on Thursday,June 21,2018;
No.3368)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................'...............$31.20 per column inch
Rate actually charged for the above matter...............................................$12.97 per column inch