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ORDINANCE 08 -06 <br />CITY OF ELK RIVER <br />AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ALL OF CHAPTER <br />38, ARTICLE IX, "SEXUALLY ORIENTED LAND USES," AND ADOPTING NEW <br />CHAPTER 38, ARTICLE IX, "SEXUALLY ORIENTED BUSINESSES," OF THE <br />CITY CODE OF ORDINANCES <br />THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS <br />FOLLOWS: <br />SECTION I. CHAPTER 38, ARTICLE IX OF THE ELK RIVER MUNICIPAL CODE <br />IS HEREBY REPEALED. <br />SECTION 2. NEW CHAPTER 38, ARTICLE IX OF THE ELK RIVER MUNICIPAL <br />CODE IS HEREBY ADOPTED, AS FOLLOWS: <br />CHAPTER 38, ARTICLE IX. SEXUALLY ORIENTED BUSINESSES <br />DIVISION I. GENERALLY <br />Sec. 38 -441. Definitions. <br />The following words and terms have the following meanings when used in this section. <br />0 Sexually - oriented business means: <br />a business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly <br />basis: <br />has more than 25% of its inventory, stock in trade, or publicly displayed merchandise in sexually - <br />oriented materials; <br />devotes more than 25% of its floor area (not including storerooms, stock areas, bathrooms, <br />basements, or any portion of the business not open to the public) to sexually- oriented materials; or <br />derives more than 25% of its gross revenues from sexually- oriented materials; or <br />A business that engages for any length of time in a sexually- oriented use as defined below or any <br />other use that has an emphasis on specified sexual activities or specified anatomical areas. <br />Sexually - oriented materials means visual, printed, or aural materials, and other objects or devices, that: <br />contain, depict, simulate, or describe specified sexual activities or specified anatomical areas; or <br />are marketed for use in conjunction with, or are primarily used only with or during, specified sexual <br />activities; or <br />• are designed for sexual stimulation <br />S:\0rdinances\2008 \08 -06 Sex.doc <br />