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4 <br />criminal complaints relating to prostitution, providing services to minors, and illicit drug use and /or <br />sales have been identified by law enforcement and other reports and studies to be potential public <br />safety concerns associated with sexually oriented businesses. Furthermore, the potential for sexually <br />transmitted diseases that can be generated in confined areas in sexually oriented businesses has been <br />identified in public health reports as a public health concern. <br />Sec. 38 -443. Exemptions. <br />This section does not regulate the following: <br />(a) Material with significant literary content or social commentary; <br />(b) A business where sexually- oriented materials are sold, bartered, distributed, leased, furnished, <br />or otherwise provided for off -site use or 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 />(c) A person or organization exempted under Minn. Stat. § 617.295; <br />(d) Activity regulated under Minn. Stat. § 617.251; <br />(e) Displaying works of art showing specified anatomical areas, so long as no sexually- oriented <br />materials are for sale, and the business does not have a liquor license; and <br />(f) Movies rated 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 or operate a sexually- oriented business within the City of Elk River unless the <br />person is currently licensed under this section. <br />Sec. 38 -452. Application <br />(a) The application for a sexually- oriented business license under this section must be made on a <br />form supplied by the city and must provide the following information: <br />(1) The name of the applicant and all persons associated in the business. <br />(2) The address and legal description of the premises including a map of the area for <br />which the license is sought, showing dimensions, locations of buildings, street access, <br />and parking facilities. <br />(3) Whether all real estate and personal property taxes, any assessments, or other <br />• financial claims of the city or other governmental agency that are due and payable for <br />the premises to be licensed have been paid, and if not paid, the years and amounts <br />that are unpaid. <br />S:\0rdinances\2008 \08 -06 Sex.doc <br />