3.3. SR 10-15-2007 - Laserfiche WebLink

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ARTICLE IX. SEXUALLY ORIENTED LAND USES DIVISION I. GENERALLY Sec. 38-441. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Sexually oriented land use means any building, structure, establishment, place of business or use of property which is engaged in: (1) The sale, barter, rental, ox distribution of printed matter, pictures, slides, videotape, audiotape ox film depicting specified anatomical areas ox specified sexual activities; (2) The sale, baiter, rental or distribution of sexual devices ox paraphernalia; or (3) Services or entertainment, if such service or entertainment is characterized by, depicts or exhibits specified anatomical areas ox specified sexual activities. Sexually oriented land uses do not include any building, structure, establishment or use of property fox retailing or rental of merchandise where ten percent or less of the display floor area is used for sexually provocative material as proscribed in Minn. Stars. g 617.293 and where such merchandise is screened and controlled to prohibit access by minors. Specified anatomical areas means: (1) Less than completely and opaquely covered: a. Human genitals or pubic region; b. Buttock; and c. Female breast below a point immediately above the top of the axeola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Acts of human masturbation, sexual intercourse or sodomy, sadomasochism, or any acts of bestiality. (2) Fondling ox other erotic touching of the human genitals, pubic region, buttock ox breast of either a male ox female. (3) Human genitals in a state of sexual stimulation or arousal. (Code 1982, ~ 726.00) Cross references: Defmitions generally, g 1-2. Sec. 38-442. Violations; penalties. Every person who commits or attempts to commit, conspires to commit ox aids or abets in the commission of any act constituting a violation of this article, whether as an individual or in connection with one ox more persons or as principal, agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, ox willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this article is likewise guilty of a misdemeanor. Each violation of this article shall constitute a separate offense. Conviction of a violation of this article shall be grounds fox suspension ox revocation of any license issued under this article. (Code 1982, ~ 726.12) Sec. 38-443. Hours of operation. From 11:00 p.m. Saturday to 9:00 a.m. Monday, no licensee shall operate a sexually oriented land use, nor shall a licensee operate on any other day before 9:00 a.m. ox after 11:00 p.m.