6.2. SR 06-16-2008 - Laserfiche WebLink

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ORDINANCE 08-_ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ALL OF CHAPTER 38, ARTICLE IX, "SEXUALLY ORIENTED LAND USES," AND ADOPTING NEW CHAPTER 38, ARTICLE IX, "SEXUALLY ORIENTED BUSINESSES," OF THE CITY CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. CHAPTER 38, ARTICLE IX OF THE ELK RIVER MUNICIPAL CODE IS HEREBY REPEALED. SECTION 2. NEW CHAPTER 38, ARTICLE IX OF THE ELK RIVER MUNICIPAL CODE IS HEREBY ADOPTED, AS FOLLOWS: CHAPTER 38, ARTICLE IX. SEXUALLY ORIENTED BUSINESSES DIVISION I. GENERALLY Sec. 38-441. Definitions. The following words and terms have the following meanings when used in this section. Sexually-oriented business means: a business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis: has more than 25% of its inventory, stock in trade, or publicly displayed merchandise in sexually- oriented materials; 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 derives more than 25% of its gross revenues from sexually-oriented materials; or A business that engages for any length of time in asexually-oriented use as defined below or any other use that has an emphasis on specified sexual activities or specified anatomical areas. Sexually-oriented materials means visual, printed, or aural materials, and other objects or devices, that: contain, depict, simulate, or describe specified sexual activities or specified anatomical areas; ox are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or are designed for sexual stimulation S:\AdministrationU..icenses\Sexually Oriented Business\Sexual Final Ord.doc