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4 <br />departments. Public safety concerns, such as criminal complaints relating to prostitution, providing <br />services to minors, and illicit drug use and/ox sales have been identified by law enforcement and <br />other reports and studies to be potential public safety concerns associated with sexually oriented <br />businesses. rurthermoxc, the potential fox sexually transmitted diseases that can be generated in <br />confined areas in sexually oriented businesses has been identified in public health reports as a public <br />health concern. <br />Sec. 38-443. Exemptions. <br />This section does not regulate the following: <br />(1) Material with significant literary content or social commentary; <br />(2) A business where sexually-oriented materials axe sold, bartered, distributed, leased, furnished, <br />ox otherwise provided fox off-site use ox entertainment, if the sexually-oriented material on <br />each item is blocked from view by an opaque cover as required by Minn. Stat ~ 617.293, and <br />each item is in an area accessible only by an employee of the business; <br />(3) A person ox argatuzation exempted under Minn. Stat. ~ 617.295; <br />(4) Activity regulated under Blinn. Stat. ~ 617.251; <br />(5) Displaying works of art showing specified anatomical areas, so long as no sexually-oriented <br />materials are fox sale, and the business does not have a liquor license; and <br />(6) Movies sated G, PG, PG13, NC17, or R. <br />Secs. 38-444 to 38-450 Reserved. <br />DIVISION 2. LICENSING <br />Sec. 38-451. Required <br />No person may own ox operate asexually-oxicnted busuiess within the Ciry of Elk River unless the <br />person is currently licensed under this section. 1'he Council must act on the application within 60 <br />days. <br />Sec. 38-452. Application <br />(1) The application fox asexually-oxicnted business license under this section must be made on a <br />form supplied by the city and must provide the following information: <br />(a) The name of the applicant and all persons associated in the business; <br />(b) The address and legal description of the premises including a map of the area fox <br />which the license is sought, showing dimensions, locations of buildings, street access, <br />and parking facilities; <br />(c) Whether all real estate and personal property taxes that axe due and payable fox the <br />premises to be licensed have been paid, and if not paid, the years and amounts that <br />axe unpaid; <br />S:\P.dministra[ion\I,icenses\Sexually Oriented Business\Sexual Final Ord.doc <br />