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HomeMy WebLinkAboutOrdinance - 27-2018 - Amending City Code Chapter 5, Relating to Sexually Oriented Businesses - 12/13/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.77 RELATING TO SEXUALLY ORIENTED BUSINESSES AND AMENDING SECTION 5.01 AND CITY CODE CHAPTER 1, SECTION 1.02 RELATING TO DEFINITIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by inserting a new Section 5.77 which reads as follows: SECTION 5.77. SEXUALLY ORIENTED BUSINESSES Subd. 1. Purpose and Findings. A. Purpose. The purpose of this section is to prescribe licensing requirements for sexually oriented businesses to protect the public health, safety, and welfare and to prevent criminal activity and the spread of sexually transmitted diseases. B. Findings. The Eden Prairie City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the City's neighborhoods. These findings are based on the experiences of other cities where the businesses are located, as studied by staff. 1. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, increasing the demands on City crime-prevention programs and law enforcement services. 2. Sexually oriented businesses can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that proper management and operation of such businesses can minimize this risk. 3. Sexually oriented businesses can increase the risk of exposure to communicable diseases including acquired immune deficiency syndrome (AIDS), for which there is currently no cure. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, endangering not only the patrons of such establishments but also the general public. 4. Sexually oriented businesses can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food or drink or both on the same premises. 5. A licensing and regulatory scheme as prescribed in this Section can minimize the risk of criminal activity and public health problems and can aid in monitoring sexually oriented businesses for other adverse secondary effects on the community. Subd. 2. Definitions. When used in this Section, the following terms have the following meanings: A. "Sexually oriented business" means: 1. a business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis: a. has more than 25% of its inventory, stock-in-trade, or publicly displayed merchandise in sexually oriented materials; b. devotes more than 25% of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public)to sexually oriented materials; or C. derives more than 25% of its gross revenues from sexually oriented materials; or 2. a business that engages for any length of time in a sexually oriented use as defined in subsection C below or any other use that has an emphasis on specified sexual activities or specified anatomical areas. B. "Sexually oriented materials" means visual, printed, or audio materials, and other objects or devices, that: 1. contain, depict, simulate or describe specified sexual activities or specified anatomical areas; or 2. are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or 3. are designed for sexual stimulation. C. "Sexually oriented use" means any of the following activities and businesses, even if the activity exists for only a short time: 1. "Adult body painting studio' means an establishment or business that provides the service of applying paint, ink, or other substance, whether transparent or non- transparent, to the body of a patron when the person is nude. 2. "Adult bookstore" means an establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio, video, or other digital media, movies, or motion picture film if it meets the criteria established in subsection A above. 3. "Adult cabaret" means a business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on: (1) the depiction of nudity, specified sexual activities, or specified anatomical areas;or(2) the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire. 4. "Adult companionship establishment" means a business or establishment that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 5. "Adult conversation/rap parlor" means a business or establishment that provides the services of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 6. "Adult health/sport club" means a health/sport club that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 7. "Adult hotel or motel" means a hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 8. "Adult massage parlor/health club" means a massage parlor or health club that provides massage services distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 9. "Adult mini-motion picture theater" means a business or establishment with a capacity of less than 50 persons that as a prevailing practice presents on-premises viewing of movies,motion pictures,or other material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 10. "Adult modeling studio' means a business or establishment that provides live models who, with the intent of providing sexual stimulation or sexual gratification, engage in specified sexual activities or display specified anatomical areas while being observed,painted, painted upon, sketched, drawn, sculptured,photographed, or otherwise depicted. 11. "Adult motion picture arcade" means any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image- producing devices are used to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 12. "Adult motion picture theater" means a motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons. 13. "Adult novelty business" means an establishment or business that has a variety of items for sale if it meets the criteria established in subsection A.La above. 14. "Adult sauna" means a sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 15. "Adult steam room/bathhouse facility" means a building or portion of a building used for providing a steam bath or heated bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. D. "Specified anatomical areas" means: 1. less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and 2. human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. E. "Specified sexual activities" means: 1. Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pedophilia; piquerism; or zooerastia; 2. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; 4. Fondling or touching of nude human genitals, pubic regions, buttocks, or female breasts, except touching the buttocks of a person receiving a massage if done upon the person's request and only for medical purposes such as relieving pain or muscle soreness; 5. Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding, or other physical restraint of any person; 6. Erotic or lewd touching,fondling,or other sexually oriented contact with an animal by a human being; or F. Human excretion, urination, menstruation, or vaginal or anal irrigation. Subd. 3. License Required. It is unlawful for any person to own or operate a sexually oriented business within the City of Eden Prairie without first obtaining a license in compliance with the provisions of this Section. Subd. 4. Exceptions. This Section does not regulate the following: A. Material with significant literary content or social commentary; B. A business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if the sexually oriented material on each item is blocked from view by an opaque cover as required under Minnesota Statutes § 617.293, and each item is in an area accessible only by an employee of the business; C. A person or organization exempted under Minnesota Statutes § 617.295; D. Activity regulated under Minnesota Statutes § 617.202; E. Displaying works of art showing specified anatomical areas,so long as no sexually oriented materials are for sale, and the business does not have a liquor license; and F. Movies rated G, PG, PG-13, NC-17, or R. Subd. 5. Ineligibility. A. Persons Ineligible. No license may be issued to a person who: 1. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; 2. Is not eighteen (18) years of age or older at the time the application is filed; 3. Has pending a criminal charge, citation, or complaint for any violation of federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the sexually oriented business in a legal manner, which violations shall include, but not be limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance; 4. Has been convicted of a crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the owner, operator, or manager of a sexually oriented business under Minn. Stat. § 364.03, subd. 3; 5. Holds a liquor license issued under City Code or State law; 6. Is not the real party in interest or beneficial owner of the business operated under the license; 7. Has been denied, within the last year, any license application for the purpose of conducting a sexually oriented business; 8. Has had a license for a sexually oriented business or similar business revoked in any jurisdiction within five (5) years of the license application; or 9. In the case of an individual, is not a resident of the metro area; in the case of a partnership, the managing partner is not a resident of the metro area; or in the case of a corporation, the manager is not a resident of the metro area. The required residency must be established by the time the license is issued and maintained throughout the existence of the license and all renewals. The time for establishing residency within the metro area may, for good cause, be extended by the licensing authority. For the purposes of this paragraph, "metro area"means the seven-county metropolitan area defined by Minnesota Statutes § 473.121, subd. 2. B. Places Ineligible. No license shall be issued for: 1. A place or business ineligible for a license under City ordinance or state law; 2. Operation in any location not permitted by City Code Chapter 1 l; 3. A place or business that is currently licensed by the City as a pawnshop or therapeutic massage enterprise; 4. A place or business that holds a liquor license; 5. Operation on any premises on which taxes, assessments or other financial claims of the City or other government agency are delinquent and unpaid, except if an action has been commenced pursuant to the provisions of Minnesota Statutes Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due unless such one (1) year period is extended through no fault of the licensee. 6. A place or business if the property on which the business is or is to be conducted is owned by, operated by, or leased to a person who is ineligible for a license, except that a property owner who is under the age of eighteen (18) shall not make the premises ineligible under this subparagraph. Subd. 6. License Applications A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. Insurance. Each applicant shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the sexually oriented business. The policy of insurance shall be in limits of not less than $1,000,000. Failure to keep in full force and effect the insurance required by this Section is grounds for suspension or revocation of the license. C. Property Ownership and Leases. Each applicant for a license shall provide,for the property on which the licensed business will operate, (1) such information as is requested by the City to establish the record owner of the property, and (2) copies of all leases currently in effect. D. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for suspension or revocation of the license. E. License, Application, and Investigation Fees. Upon submission of the application, applicants for a license for a sexually oriented business shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof.Upon approval of an application,whether initial or renewal,the license will not be effective until the license fee is paid. All license application and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees, may, from time to time, be amended by the Council. F. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application shall include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his or her written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes would meet the standards established in Subdivision 5.A of this Section. A licensee shall notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. G. Investigation.tom. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. H. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection G above,an initial application for a license under this Section shall be presented to the City Council for issuance or denial. 1. Issuance. Upon the City Council's approval of an application and the applicant's payment of the license fee, the City shall issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial.The City Council may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. I. Term of License. Licenses issued under this Section will expire on December 31 of each year. J. Renewal of License. Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection G above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant's payment of the renewal fee,the City shall issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of a renewal application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request to the Chief of Police within ten (10) days of the date of the City's notice of non- renewal. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. If requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.13.2 and 8.13.3 of this Section. K. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions,Restrictions, and Regulations. A. Compliance with Law. A license is subject to the conditions, restrictions, and regulations in this Section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. Conduct of Business. A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. C. Posting. The license must be posted in a conspicuous place in the premises for which it is used. D. Minimum age. 1. No owner, manager, or employee may allow a person under the age of 18 to enter the business. 2. No owner, manager, or employee may allow a person under the age of 18 to have access to sexually oriented materials, whether by sight,purchase, touch, or another means. E. Employment of Persons Under 18 Prohibited. No owner or manager may employ a person under the age of 18 on the licensed premises. F. Conduct on Licensed Premises. 1. No owner, manager, or employee may allow sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. 2. No owner, manager, or employee may allow a patron, employee, or other person on the premises to physically contact, in public view, a specified anatomical area of himself or herself, or of another person, except that a live performer may touch himself or herself. 3. A live performer must remain at all times a minimum distance of 10 feet from members of the audience,and must perform on a platform intended for that purpose, that must be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept money, a tip, or other item from a member of the audience. G. Premises Licensed. 1. No sexually oriented business may have booths, stalls, partitioned portions of a room, or individual rooms, except as follows: a. Restrooms are allowed as long as they are no larger than reasonably necessary to serve the purposes of a restroom, no other activities are provided or allowed in the rooms, and there are no chairs, benches, or reclining surfaces in the rooms; and b. Storage rooms and private offices are allowed, if the storage rooms and offices are used solely for running the business and no person other than the owner,manager, and employees is allowed in them. 2. No sexually oriented business may exceed 10,000 square feet in gross floor area. 3. A sexually oriented business license is only effective for the compact and contiguous space specified in the approved license application and may not be enlarged, altered, or extended without application to the City to amend the license. H. Hours of Operation. A sexually oriented business may not be open for business to the public: 1. between 1:00 a.m. and 8:00 a.m., on the days of Monday through Saturday; and 2. between 1:00 a.m. and 12:00 noon, on Sundays. I. Transfer of License. The license issued is for the person or the premises named on the approved license application.No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application for the license. Subd. 8. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the sexually oriented business; 3. Failure to comply with City ordinances or state law; 4. Conviction of the owner, manager, lessee, or an employee of the sexually oriented business of a violation of any ordinance or state or federal statute, arising on the licensed premises; 5. A pending criminal charge, citation, or complaint, or a conviction or other adjudication of guilt, of the owner, manager, or an employee of the sexually oriented business of a violation of any ordinance or state or federal statute which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include, but are not limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, harassment, disorderly conduct, or the possession or sale of a controlled substance; 6. Conducting the sexually oriented business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community; or 7. Habitual drunkenness or intemperance or the use of drugs on the licensed premises by employees or customers of the business, including but not limited to the use of controlled substances as defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, stimulants, tranquilizers or synthetic drugs. 8. The existence of any grounds for denial of a license identified in Subdivision 5 of this Section, which existed at the time the license was issued or arose subsequent to the issuance of the license. B. Procedure. 1. Notice. A suspension or revocation shall be preceded by written notice from the Chief of Police or his or her designee to the licensee and an opportunity for a hearing. The notice shall state the nature of the violation(s) or grounds for suspension or revocation and shall inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until (a) the licensee's time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or his or her designee shall provide written notice to the licensee of the date,time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of a renewal application or suspension or revocation of a license, he or she shall include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the license shall be denied renewal, suspended or revoked. The City Manager shall inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten(10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section,whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. Section 2. City Code Chapter 1, Section 1.02, Subdivision 5 is amended by replacing Subdivision 5 in its entirety with the following: Subd.5. "Person"includes all individuals,firms,partnerships,associations,corporations, limited liability companies,joint ventures, or other legal entities, however organized. Section 3. City Code Chapter 5, Section 5.01 is amended inserting the following new Subdivisions 8 and 9 and renumbering the current Subdivision 8 as Subdivision 10: Subd. 8. "Operate" means to own, manage, or conduct, or to have control, charge, or custody over. Subd. 9. "Parent" means a person that owns five percent(5%)or more of an applicant or licensee (and officers, if such person is a corporation or other organization). A person (and officers, if such person is a corporation or other organization) owning five percent (5%) or more of a parent shall also be deemed a"parent." Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 131h day of November, 2018 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 41h day of December, 2018. Kath en Porta, City Clerk N cy a- ens ay r PUBLISHED in the Eden Prairie News on December 13, 2018. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 27-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.77 RELATING TO SEXUALLY ORIENTED BUSINESSES AND AMENDING SECTION 5.01 AND CITY CODE CHAPTER 1, SECTION 1.02 RELATING TO DEFINITIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 5 by inserting a new Section 5.77 relating to sexually oriented businesses. The ordinance imposes a licensing scheme on new sexually oriented businesses wishing to locate in the City. The ordinance contains definitions, license requirements, procedural requirements for application, suspension, and revocation of licenses, conditions and restrictions applicable to license holders, and penalties for violation. The ordinance also makes minor amendments to definitions contained in City Code sections 1.02 and 5.01. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kat een Porta, City Clerk cy a-L ns, ay PUBLISHED in the Eden Prairie News on December 13, 2018. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the S publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and has full knowledge of the facts herein stated as follows: 2f11'flllY'OF,THE _�` 1" PRA.iRhE, (A) This newspaper has complied with the requirements constituting qualification as a MIN AIMI9NDING , legal newspaper, as Provided b Minnesota Statute 331A.02, 331A.07, and other aPPlicable� R 6 UY laws,as amended. 5. iG �AitiLY Rug A11II (B) The printed public notice that is attached to this Affidavit and identified as N 5.01 No., �L was published on the date or dates and in the newspaper stated in the attached ANDC 1, aw No*TO Notice and said Notice is hereby incorporated as part of this Affidavit.Said notice was cut from P'1`91 the columns of the newspaper specified.Printed below is a copy of the lower case alphabet from COOT C'PION A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in 5 IrII :4b3TG QHER the composition and publication of the Notice: b?P ,RAFI�'1`Y PRQ - ON S abcdefghijklmnopgrstuvwxyz THE CiCi O>!L�N ATitIE, jBy: �/" NIINNESOTA,ORDAINS:Summary: This ordinance aa}ends Ckt9 Cori r 5 Laurie A.Hartmann �n8e�rt}i} - $dnttnee ev 1; sues Subscribed and sworn before me on *e. rieu this 13thdaY of 2018 ProcedmT4'> ir0 t8 d �n : > xetnofMIX t ► s and restttctloixs applicable to . JYMME JEANNETTE BARK lia:fi"_A* >and Pet>alties f�. $V***baxteealso NOTARY PUBLIC-MINNESOTA ma m#sor, nI to de eo-WnedhicitXCode t Public MYCOMMISSIONIXPIRESOtl31123 sections 1,02 and-5.01. 1 Effective Date: This ©rdinanoe sbXRt01WSffbd upon 1pqublication. psprta�City RATE INFORMATION (A full-IcbVg OU*6 text of this Ordinance is agile 4om '' Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch City Clerk,). `Maximum rate allowed b law for the above matter................................... $31.20 per column (Published in the BdeiT Prau'ie Y News on Thursday,Deeember 13 inch Rate actually charged for the above matter............................................... $12.97 per 201%N 3"c.,1 column inch