Planning Commission Agenda Packet 12-03-1991JD
AGENDA
i REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, December 3, 1991 - 7:00 p.m.
Members: Dan McConnon, Cindy Lemm, Jon Bogart, Richard Carlson,
Richard Martie
7:00 pm 1. Call to order.
7:07 pm 2. Approval of minutes of the regular meeting held
November 5, 1991.
7:04 pm 3. Consideration of amendments to the Monticello
Zoning Ordinance relating to the definition of
adult uses and general provisions for adult uses.
Applicant, City of Monticello.
NOTE: Supplemental information including the
Ordinance Amendment will be delivered on
Monday, December 7, 1991.
7:34 pm 4. Public Hearing --Consideration of a conditional use
permit allowing expansion of a medical office and
clinic in a PEM (performance zone mixed) zone.
Applicant, Mortenson Construction Company.
8:04 pm 5. Public Nearing --Consideration of a variance to the
parking design standards by allowing development of
a parking lot with 8 stalls lose than the total
stalls (93) required by ordinances Applicant,
Mortenson Construction Company.
NOTE: The applicant has not provided site plan data
necessary to properly review items 4 and 5.
Staff will provide verbal report and request
that the Planning Commission continue the
public hearings.
Additional Information Items
8:34 pm 1. Consideration of a zoning ordinance amendment
modifying B-1 (neighborhood commercial) zoning
district regulations by eliminating convenience
store and laundromat as a permitted use and instead
allowing said uses as a conditional use in a B-1
zone. Council action: Council approved the
ordinance amendment.
Planning Commie cion Agenda
December 3, 1991
Page 2
8:36 pm 2. Consideration of a request to rezone the easterly
9.7 acres of Auditor's Subdivision, Block 17, from
B-3 (highway business) to a combination of PZM
(performance zoned mixed) and B-2 (limited
business). Applicant, 6vangical Covenant Church.
Council actions Council denied request as per
Planning Commission recommendation. City Council
suggested the applicant come back before the
Planning Commission with a new rezoning request on
the same property showing their proposed property
on the westerly most portion of this described
property.
8:38 pm 3. Consideration of recommending approval of
preliminary plat of the eastview residential
subdivision. Applicants, Dean Hoglund and Ren
Schwartz. Council actions Council approved as per
Planning Commission recommendation.
8:40 pm 4. Consideration of a request to rezone a 7 acre
parcel described as part of Lot ], Section 18,
Township 121, Range 24, Wright County, Minnesota,
from A-0 (agricultural) to R-1 (single family) and
R-2 (single and two family) zoning. Applicants,
Dean Hoglund and lien Schwartz. Council action:
Council approved as per Planning Commission
recommendation.
8:42 pm 5. Set the next tentative date for the Monticello
Planning Commission meeting for Tuesday, January 7,
1992, 7:00 p.m.
8:44 pm 6. Adjournment.
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, November S, 1991 - 7:00 p.m.
Members Present: Richard Carlson, Cindy Lemm, Richard Martie,
Jon Bogart.
Members Absent: Dan McConnon
Acting Chair: Cindy Lemm
Staff Present: Gary Anderson, Jeff O'Neill.
1. The meeting was called to order by the Acting Chairperson,
Cindy Lemm, at 7:03 p.m.
2. A motion was made by Richard Martie and seconded by Jon Bogart
to approve the minutes of the special meeting held
September 19, 1991. Motion carried unanimously with Dan
McConnon absent.
Motion was also made by Richard Martie and seconded by Jon
Bogart to approve the minutes of the regular meeting held
October 1, 1991. Motion carried unanimously with Dan McConnon
absent and Richard Carlson abstaining.
3. Public Heari nq- -Cons iderat ion of a zoning ordinance amendment
modifyinq the B-1 (neighborhood commercial) zoning district
g
reulations by eliminating convenience store and laundromat
uses as a permitted use and inptead allowing said uses as
conditional uses in the B-1 zone.
Acting Chair, Cindy Lemm, opened the public hearing.
Assistant Administrator Jeff O'Neill reviewed the background
of the proposed zoning ordinance amendment. O'Neill explained
the City Council's recommendation to have City staff review
the possibility of eliminating the convenience store and
laundromat as allowable uses in a B-1 zone and allowing them
only as conditional uses in a B-1 zone. He also stated that
he had talked to our consulting planner and received the
Information that was submitted with the Planning Commission's
agenda regarding formal conditions that would be attached to
allowing a convenience store or laundromat as a conditional
use in a B-1 (neighborhood business) zone.
O'Neill indicated to the Planning Commission members that
since the agenda was delivered, he had met with the
developers, Matt Holker and Tom Holthaus. The developers
asked if additional gas pumps or fuel tanks would be allowed
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Planning Commission Minutes - 11/5/91
in a B-1 zone . O'Neill indicated that it would not be allowed
in a B-1 zone, as motor fuel stations are not allowed in the
B-1 zone. O'Neill noted that the owners had requested that
the Planning Commission members table the request and
reschedule it for their next regular meeting.
Questions asked by the public were as follows:
1. Would the existing motor fuel tanks still be
allowed in this B-1 (neighborhood business) zone.
2. Concerns were addressed against exchanging any type
of use of the existing property/Westside Market
convenience store.
3. If this property was rezoned to B-1 (neighborhood
buainess), what would stop other adjacent areas or
nearby property from being rezoned to B-1.
4. Are there any limitations as to the hours of
operation of this convenience store. ,
5. If expansion were allowed, it would create more
traffic; therefore, there would also be the
possibility of additional people loitering at the
convenience store facility.
6. The neighbors have to keep coming back again and
again with different requests from the applicants.
7. This is not the appropriate place for a convenience
store when existing convenience stores are in the
proper zoning and other properly -zoned land is
available for a convenience store.
B. Since the owner is new, what limitations were
placed on them when they received initial approval
for a convenience store at this location.
9. The rezoning request as requested is definitely
spot zoning.
Acting Chair, Cindy Lemm, then closed the public hearing and
asked for comments from the Planning Commission members.
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Planning Commission Minutes - 11/5/91
Planning Commission members comments were as follows:
1. If the rezoning was approved and all conditions
were met under the proposed conditional use
request, realistically there would be no reason for
denial.
2. Asked how soon the owners are anticipating an
enlargement of the motor fuel dispensing plan.
3. with increased traffic congestion on Hwy 25 and
otter Creek Road, would an enlargement of this
facility create additional traffic on other streets
in neighborhoods near the convenience store.
4. Members were concerned that the applicants are
coming back again and again with additional
requests for further development on this site.
5. Further development for rezoning on this site.
Acting Chair, Cindy Lemm, then closed the Planning Commission
comment section and asked for a motion.
A motion was made by Jon Bogart and seconded by Richard Martie
to deny the ordinance amendment modifying the B-1
(neighborhood commercial) zoning district regulations by
eliminating convenience store and laundromat uses as permitted
uses and instead allowing said uses as conditions; uses in a
B-1 zone. Motion carried unamiously with flan McConnon absent.
Reason for denials
a. Spot zoning created by the rezoning of this
parcel.
b. Additional traffic and congestion on the
existing highway and neighborhood streets that
surround the property.
C. The increased activity at this establishment
if expansion was allowed to occur would tend
to depreciate adjoining land values.
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Additional comments submitted with this motion by Planning
Commission members were:
4. Spot zoning --definitely an example of spot zoning.
5. Concerned with the Monticello Elementary School
located across the street from this facility.
4. Public Hearing --Consideration of a request to rezone the
easterly 9.7 acres of Auditors Subdivision, Lot 17, from B-3
(highway business) to a combination of PEN (performance zone
mixed) and B-2 ( limited business) . Applicant, Evangelical
Covenant Church.
Acting Chairperson, Cindy Lemm, opened the public hearing.
Assistant Administrator O'Neill, reviewed the Evangelical
Covenant Church's rezoning request. O'Neill indicated that
the original 16 -acre parcel was to be divided into two
parcels, with the Evangelical Covenant Church taking the
easterly portion of this parcel as published for the last
regularly -scheduled Monticello Planning Commission meeting.
` Within this public hearing, you will note that the existing
16 -acre parcel is to be divided into three separate parcels,
with the church proposing to take the center section of this
subdivision where approximately 5. 84 acres would be rezoned to
PEM (performance zone mixed). The easterly 4.7 acres of this
parcel would remain B-2 zoning. The westerly 5.2 acres is
proposed to be rezoned to a new zoning designation, the
business campus zoning designation.
Mr. Jim Haglund, representative for the Evangelical Covenant
Church, explained that this proposal represents a compromise.
Instead of being on the corner, under this new plan the church
is relocated to the center of this unplatted tract of land
allowing for commercial development on the easterly portion
and industrial development on the westerly portion of this
parcel. Without going into the same detail that was given at
the previous public hearing, Mr. Haglund wanted to emphasize
that this was a positive site for church development because
of other activities that use church facilities such as
meetings or services.
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Planning Commission Minutes - 11/5/91
Mr. Haglund went on to elaborate that the church uses are
compatible with commercial businesses located on either side
of it. Mr. Mick Scott (Pastor) of the Evangelical Cove.iant
Church asked Planning Commission members to consider a
favorable rezoning for this parcel of land for development of
a new church facility at this location.
Acting Chairperson, Cindy Lemm, thean closed the public
hearing and opened the meeting for comments from the Planning
Commission members.
Comments from the Planning Commission members were as follows:
1. This is not the appropriate location for a church
facility in the middle of a potential commercial
area.
2. Asked if other sites were considered that had the
appropriate zoning of R-1 (single family
residential) and PZM (performance zone mixed).
3. Local churches are already located in R-1 zoning
areas. The highest and best use of the property
would be commercial use in the future.
There being no further discussion, a motion was made by
Richard Martie and seconded by Jon Bogart to deny the rezoning
request to rezone the easterly 9.7 acres of Auditors
Subdivision, Lot 17, from B-3 (highway busing:; !o A
combination of PZM (performance zone mixed) and B-2 (limited
business). Motion carried unamiously with Dan McConnon
absent. Reason for denial:
1. Commercial uses displaced by the church cannot be
relocated nearby without encroachment on
residential areas.
2. Development of a church imbedded between commercial
and industrial uses is not desirable.
3. Tho boat use for the property is for commercial use
because of proximity to the freeway and due to its
separation from residential uses.
4. The B-3 property remaining at the corner (4.7
acres) after the rezoning Is insufficient to
satisfy long-term demand for commercial land in the
area.
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Planning Commission Minutes - 11/5/91
5. The need for rezoning has not been sufficiently
demonstrated, as other land is available for this
type of use.
S. Public Hearing --Consideration of recommending approval of
preliminary plat of the East View residential subdivision.
ADplicants, Dean Hoqlund and Ren Schwartz.
Acting Chairperson
Assistant Administrator O'Neill reviewed the applicants'
request for preliminary plat review of the East View
residential subdivision. O'Neill highlighted the upgrades or
changes that were made to the plat as follows:
1. A set of restrictive covenants has been prepared for this
residential development.
2. The overall grading plan has been developed for the area;
but due to the steepness of the slopes and the density of
the trees in the four -lot portion of the subdivision,
each lot will be graded sometime after the building
permit is issued prior to occupancy to correspond to the
overall grading plan.
3. No public right-of-ways will be developed for this site,
as Lots 1 and 2 have direct access off of Gillard Avenue,
and Lots 3 and 4 have shared easement access allowing a
common driveway access to County Road 39.
4. Park Development. The Parks Commission met on the
proposed park dedication and recommended that this be
discussed with the Department of Natural Resources to see
if they would be interested in purchasing this land for
park development. And it should be the goal of the City
to sell the parcel to the DNR, with funds obtained from
the sale to be used for future development of a
neighborhood city park.
Concerns brought up by the public were as follows:
1. Even though it is not the best parcel of land for
development of a city park, the whole area should be
considered park land dedication with no additional money
provided for park dedication fees.
2. A question was raised regarding the park land dedication
for this proposed project, as it was already paid to the
township when the lot was purchased.
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Planning Commission Minutes - 11/5/91
3. A question was raised that the proposed park land does
not meet the intent of usable park land to meet the park
land dedication requirement and felt that this land
should not be considered as park land dedication, but it
should be designated as an outlot; therefore, the City
should receive money in lieu of this land for park land
dedication.
Acting Chairperson, Cindy Lamm, then closed the public hearing
and opened the meeting for input from the Planning Commission
members.
The Planning Commission felt that some sort of a value should
be established for this land that is proposed for park land
dedication. They felt this is not the appropriate place for
a passive/active park development; and even though Tyler East
did not have to pay for any park land dedication, there is
land available and suitable in the Norell or Rrautbauer
property for an area park should those properties ever
develop.
Much discussion centered around the park land dedication and
whether or not to accept this land as the park dedication or
to accept cash and what dollar amount in lieu of land.
A motion was made by Richard Carlson and seconded by Richard
Martie to approve the preliminary plat of the East View
residential subdivision subject to the following conditions:
1. County surveyor approval of the final plat.
Z. Prior to City signatures on the final plat, the City must
be provided a 100 -foot easement area across Lot A for
storm water drainage purposes as described on the
preliminary plat.
3. In conjunction with the final platting, the developer
must prepare and record an access agreement document
affecting Late 3 and 4.
4. Restrictive covenants must be recorded at the time of
final platting.
5. Park Dedication Requirement. The City shall accept as
park dedication a warranty deed to Outlot B along with a
letter of credit in the amount of $3,500. The City shall
make its best effort to sell Outlot B. In the event the
selling price is lase than $7,000, the City of Nonticsllo
will draw from the letter of credit an amount equal to
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Planning Commission Minutes - 11/5/91
one-half of the difference between the selling price of
the land and the cash requirement of $7,000. In the
event the selling price is equal to $7,000, the City
shall return the $3,500 letter of credit to the
developer. The City and developer shall evenly divide
revenue obtained in the sale of Outlot B that exceeds
$7,000. The City shall be solely responsible for
determining the terms of sale of Outlot B.
In the event the sale of Outlot B does not occur prior to
expiration of the letter of credit, the City, at its
discretion, may draw the full amount of the letter of
credit or the City may request that the letter of credit
be renewed. In the event the developer fails to renew
the letter of credit as requested, the developer will be
in default under its obligations, and the City shall be
entitled to draw against said letter of credit for its
entire stated amount.
Motion carried unanimously with Dan McConnon absent.
6. Public Hearin --Consideration of a reauest to rezone a 7 -acre
parcel described as Dart of Lot 7, Section 10, Township 171,
Range 24, Wright Countv, Minnesota, from AO (agriculturall
zoning to R-1 (single family) and R-7 Lsingle and two-familvl
zoning. Applicants, Dean Hoglund and Ken Schwartz.
Acting Chairperson, Cindy Lem, opened the public hearing.
Assistant Administrator O'Neill reviewed the applicants'
rezoning request. The R-1 zoning would accommodate single
family homes on four lots, and the portion zoned R-2, also
known as Outlot A, would allow for development of up to eight
townhouses per lot. If this was subdivided with the total
land area in Outlot A, it could allow development of 18 to 79
total townhouses.
In reviewing the comprehensive plan, there appears to be no
reason why R-2 (single and two-family residential) zoning
development should not be allowed in this area. Although the
R-2 zoning in relationship to the adjoining R-1 zoning would
allow for a higher density, it does not appear that it will
have a direct impact on the adjoining R-1 zone.
There be no further input from the public, Acting Chairperson,
Cindy Lemm, then closed the public hearing and opened the
meeting for input from the Planning Commission members.
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Planning Commission Minutes - 11/5/91
Questions from the Planning Commission members dealt with the
development of the townhouses on Outlot A. It was explained
to the Planning Commission members that even though Outlot A
consists of sufficient land area to accommodate 18-22 total
townhouse units, the most that would be allowed if this was
replatted into blocks and lots would be eight townhouses per
block.
There be no further input from the Planning Commission
members, a motion was made by Richard Martie and seconded by
Richard Carlson to approve the request to rezone a 7 -acre
parcel described as part of Lot 2, Section 18, Township 121,
Range 24, Wright County, Minnesota, from AO (agricultural)
zoning to R-1 (single family) and R-2 (single and two-family)
zoning. Motion carried unanimously with Dan McConnon absent.
Reason for approval: Approval is based on the finding that
the proposal is consistent with the comprehensive plan, is
consistent with the geography and character of the adjoining
land uses, and the need has been sufficiently demonstrated.
Additional Information Items
1. Consideration of a request to rezone Lot 1, Block 4, River
Terrace, also known as West Side Market, from R-1 (single
family residential) zoning designation to B-1 (neighborhood
business). Applicants, Tom Holthaus and Matt Holker. Council
action: Council requests that a public hearing be held to
eliminate convenience stores and laundromats as allowable uses
in a B-1 zone and make them conditional uses in a B-1 zone.
2. Consideration of a request to rezone a 9 -acre portion of
Auditors Subdivision, Lot 17, from B-3 (highway business)
zoning designation to PEM (performance zone mixed), which
would allow development of a church. Applicant, Evangelical
Covenant Church/Jim Haglund. Council action: No action
required, as the request did not come before them.
3. Consideration of a request to amend Section 3-2 B 5 of the
Monticello Zoning Ordinance by replacing the phrase "in the
R-1 (single family residential) and the R-2 (single and two-
family) diotrict" with the phraso "in all rosidontial zoning
districts." Council action: Approved as per Planning
Commission recommendation.
4. Consideration of a preliminary plat of a 7 -acre parcel
described as part of Lot 2, Section 18, Township 121,
Range 24, Wright County Minnesota. Applicants, Doan Hoglund
and Ken Schwartz. Council action: No action required, as the
request did not come before them.
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S. Consideration of a request to rezone a 7 -acre parcel described
as part of Lot 2, Section 18, Township 121, Range 24, Wright
County Minnesota, from AO ( agricultural) zoning to R-1
(single family residential) and R-2 ( single and two-family
residential) zoning. Applicants, Dean Hoglund and Ren
Schwartz. Council action: No action required, as the request
did not come before them.
6. Consideration of calling a public hearing regarding amendment
to the zoning ordinance map and establishment of a HC
(business campus) district. Council action: No action
required, as the request did not come before them.
7. Set the nest tentative date for the Monticello Planning
Commission meeting for Tuesday, December 3, 1991, at 7:00 p.m.
Consensus of the four Planning Commission members present was
to set this as the data for the next regularly scheduled
meeting.
S. Adjournment. A motion was made by Richard Martie and seconded
by Jon Bogart to adjourn the meeting. The meeting adjourned
at 10:10 p.m.
L Respectfully submitted,
Gary Anderson
Zoning Administrator
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Planning Commission Agenda - 12/3/91
3. Consideration of amendments to the Monticello Zoning Ordinance
relating to the definition of adult uses and aeneral
provisions for adult uses. (J.O./NAC)
REFERENCE AND BACKGROUND:
The following report is modeled after a similar report
provided by MAC (Northwest Associated Consultants, Inc.) for
the City of Buffalo, Minnesota. Much of the language
contained within this report is direct from NAC. Portions
have been revised and updated by City staff to fit the
Monticello situation. City use of the Buffalo report has been
approved by Steve Gritman of NAC.
Early during the summer of 1990, several news stories surfaced
in metropolitan area newspapers which described adult
entertainment type uses being introduced into communities
which were unprepared for such events. Basically, zoning and
licensing provisions in these cities were found to be
inadequate to properly regulate these type of adult
activities. So as not to encounter similar situations in the
Monticello community, on January 14, 1991, the City Council
adopted an ordinance establishing a one-year moratorium on
development of adult land uses and directed that appropriate
zoning and licensing protections be pursued. In April of 1991
the Planning Commission held a public hearing on this matter
and elected to table further consideration of regulations
being proposed at that time because the proposed regulations
did not address commercial establishments that currently sell
adult-oriented materials as a secondary or accessory use.
Such establishments typically include video stores that
dedicate a certain portion of their inventory to adult videos
and convenience stores that sell adult-oriented magazines.
This report addresses these matters, and proposed regulations
are suggested which will provide controls which are presently
lacking.
PARAMETERS OF REGULATION
Exhibit A of this report contains a detailed listing of
regional, state, and national studies which have been
conducted on adult uses and their impact. These studies
provide a basis for actions which the City of Monticello can
take in the regulation of such matters. In summary, these
background resources have established the following:
Activities defined as adult uses are protected by the
First Amendment to the United States Constitution.
Planning Commission Agenda - 14/3/91
2. A community must provide reasonable opportunity for adult
uses to exist. The Renton, Washington Supreme Court case
provides a primary guideline in this regard.
Adult uses may produce a secondary impact or effect which
is judged as negative to the health, safety, and general
welfare of the community; and as a result, these
secondary impacts or effects can be controlled.
4. A community, due to the secondary impact of adult uses,
can regulate such activities and restrict their proximity
to sensitive activity sites which are typically oriented
toward minors.
S. Due also to secondary impacts, a community can maintain
the separation of adult uses from one another.
6. A community has the right to police adult uses to insure
they are operating in a fashion where the secondary
impacts or effects are mitigated to the extent possible.
Based upon these findings and conclusions from the afore-
mentioned studies, an analysis and application of controls has
been formulated for the City of Monticello.
ZONING CONTROLS
Definition and General Provisions:
In organizing land use regulations within the bounds allowed
by law, there is a need to define the topic which is being
addressed. Pages 1 through 5 of Exhibit 6 of this report
provide such a reference. This material is founded upon
previously established regulations, a primary source being the
City of St. Paul. The proposed definition section of the
zoning ordinance does, however, take a somewhat unique
approach in that principal and accessory adult uses are
distinguished as differing types of activities. This also
sets the format for subsequent zoning as well as licensing
approaches.
The definition section is intended only to identify the types
of activities being addressed. It does not by design provide
regulatory controls. A general provisions section text
amendment is proposed to provide the first element of the use
directives. These provisions are applicable to all adult uses
regardless of the specific district in which they are located.
This material Is also cited in Exhibit B, beginning on page S,
and should be referenced for specific details. Of note is the
fact that it Is this section which establishes separation
Planning Commission Agenda - 12/3/91
limits between adult uses as well as between adult uses and
other uses where secondary effects cause concern for
compatibility.
District Text Applications
So as to provide required specific opportunity for adult uses
to exist within the city of Monticello, an analysis of the
existing City of Monticello Zoning Ordinance text and map was
conducted. It was determined that the I-2 district provided
the most appropriate zone to accommodate adult uses classified
as principal activity. Only amendments to the I-2 text are,
therefore, proposed to accommodate adult uses/principal.
The present PZM, B-1, B-2, B-3, B-4, and I-1 districts were
also evaluated as a possible means to provide opportunity for
adult uses. The possible utilization of the zones noted above
as the basis for neighborhood type commercial use throughout
the community makes the desirability as well as applicability
of these zones accommodating adult uses, which are classified
as principal, questionable. As a result, adult uses within
the PEN, B-1, B-2, B-3, B-4, and I-1 districts are suggested
to be only the accessory type.
v-- Cpvortunity Analvsis:
Having once defined the zones in which adult uses are allowed
and subsequently having established their geographic
application, an investigation can be conducted as to the area
and opportunity provided for adult uses. This in essence is
a test to determine whether the Supreme Court guidelines for
necessary opportunity is being provided. Moreover, this
provides the basis of evaluation for the separation provisions
which are outlined in the provisions for adult uses contained
in Exhibit B. To reiterate, these separation concerns are
only applicable to adult uses classified as principal uses.
Table 1, which follows, provides an initial basis for
determining adult uee/principal opportunity within the city of
Monticello. Pursuant to concepts previously stated, the I-2
district has been first evaluated as to area as related to the
balance of the city and secondly, the allowed opportunity area
as related to the size of I-2 zoned property.
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Planning Commission Agenda - 11/3/91
TABLE I
CITY OF NONTICELLO
PROPOSED ZONING DISTRICTS
ALLOWING ADULT USE/PRINCIPAL
Total Acres I-1 Zoned Acres Percent of City
3,355 509 15.2%
In general terns, the I-1 district area provides adequate
potential for adult uses. This opinion is based upon a
comparison to the U.S. Supreme Court guidelines provided by
the Renton, Washington case.
The general provisions of the proposed zoning ordinance text
amendment which are contained in Exhibit B do, however,
provide limitations on adult uses being located in proximity
to one another as well as between adult uses and activities
judged as sensitive to the secondary effects of adult use
operations. The map contained in Exhibits C-1 and C-2
identifies adult use opportunity areas with the restricted
distance from residentially zoned areas. This separation p
factor is considered to be the fundamental parameter defining
the adult use opportunity within Monticello.
Carrying the analysis one step further, all the adult use
general provision limitations of the proposed zoning ordinance
need to be addressed. The map contained in Exhibits C-1 and
C-1 also adds "protected" uses to the base map outlining
distances from residentially zoned areas. Table 2, which
follows, outlines the opportunity land available for adult
uses and calculations of this land in relationship to the city
as a whole.
TABLE 1
PROPOSED ZONING DISTRICTS
ALLOWING ADULT USE/PRINCIPAL
"OPPORTUNITY AREA CALCULATIONS"
SeDaration I-1 Zoned Acres Percent of City
700 foot 318 9.5t
From an analysis of information provided by the map in
Exhibits C-1 and C-1 and Table 1, it has been concluded that
the separation of 700 feet is the minimum distance judged
acceptable. While a distance of 700 feet provides a degree of
protection, an even larger separation would probably be
preferred. Going beyond 700 feet, however, is seen as
potentially jeopardizing what would possibly be viewed as an
Planning Commission Agenda - 12/3/91
acceptable location or sufficiently -sized opportunity area.
The 700 -foot spacing is, therefore, recommended as a
compromise which balances all factors to be considered.
Again, for the same reasons as previously cited, a separation
distance of 700 feet is viewed as the minimum spacing
recommended.
It should be noted that there is a slight risk in adopting the
I-2 zone as the only area that adult uses as a principal use
can occur. Arguments have been made by adult use
establishments that limiting adult uses to industrial areas or
areas not typically suited for commercial use effectively
eliminates the business viability of the adult use. Or put
another way, the adult use establishments would argue that by
limiting adult uses to the I-2 zone, the City is unfairly
violating the first amendment rights of the adult use
establishments by limiting the adult uses to those areas where
It would be difficult for the adult use to thrive due to poor
location from a commercial retail traffic standpoint.
Currently, court cases involving this issue related to
regulating adult land uses aro in progress. If it is found
that land must be available for adult uses principal in
commercial areas, then the proposed ordinance regulating adult
land uses will need to be amended accordingly.
The City's decision makers should carefully review this
Information in resolving the spacing factors to be included in
the final enacted zoning ordinance.
LICENSING
A final mechanism available to the City of Monticello which
will assist in assuring adult uses are properly operated is
licensing of such establishments. The primary concerns in
this regard are restricted access to minors, the character of
the business operators, and the prevention of criminal
activities. In response to these concerns, a new licensing
section has been drafted as a proposed amendment to the City
Code as Section 13 of Chapter 3. The content of this section
is intended to focus upon assuring proper adult use operation.
These licensing provisions are found in Exhibit D of this
report and again require detailed review by City officials.
Exhibit D also contains a proposed license application form.
Following is a list of businesses that sell magazines or rent
videos that would meet the definition of adult entertainment
and would thus need to acquire a license to allow the sale of
such materiels as an accessory use. Based upon initial
Planning Commission Agenda - 12/3/91
observation, it appears that all of the businesses noted above
as currently operated would be in compliance with rules
governing operation of adult uses/accessory.
VIDEO STORES
1. A-V Room
Adult video inventory is in a 4' by 4' room
that encompasses less than 10% of the total
floor area dedicated to video sales. The room
is completely separate from general floor
area; however, the door into this room is
always open. Current adult video inventory is
730, which is 13.5• of the total inventory
( 5,400 videos) . "No one under 1811 sign is in
prominent position over doorway.
2. Third Street Video
Adult video inventory is in a 12' by 4' room
that encompasses less than 101 of the total
floor area dedicated to video sales. The room
is completely separate from the general floor
area, and a swinging door separates the adult
video room from the general floor area.
Current adult video inventory is 100 videos,
which is 4.3% of the total inventory (2,300
videos).
ADULT MAGAZINES
1. Tom Thumb Store - South Hwy 25.
A 2' by 8' magazine rack, along with a small stand,
is dedicated for sales of adult magazines,
including Playboy, Penthouse, Hustler, Oul, and
Genesis. All magazines are in an opaque wrapper.
The adult magazine sales area is less than 104 or
the total floor area. No adult videos noted.
2. Holiday Station - west 7th Street
A 2' by 4' magazine rack contains adult magazines,
including Penthouse, Penthouse Forum, and playboy.
All magazines are in an opaque wrapper. The adult
magazine sales area is less than 10% of the total
floor area. No adult videos noted. Playboy
calendar display is also present.
6
Planning Commission Agenda - 12/3/91
OTHER
All other convenience stores and video stores currently
operating in town were visited. No adult videos or
magazines were discovered in any other establishment than
those noted above.
CONCLUSION
Based upon the background study conducted of adult uses in the
city, state, and from throughout the nation, there is an
evident need to regulate the secondary effects of activities
classified as adult uses. Applying these needs as well as the
legal limitations of control to the city of Monticello has
produced several code amendment proposals which are intended
to provide the community with the ability to maintain land use
harmony and protect the general health, safety, and welfare of
the community.
Beyond the general context of the subject and regulations
proposed, specific policy issues related to the following
matters need to be discussed and resolved:
1. Accessory Uses. Should they be controlled to the extent
suggested?
2. Are there other uses and/or areas which require
protection from secondary effects?
3. Is the separation distance recommended seen as adequate?
4. Is the licensing necessary for adult uses:
a. Principal?
b. Accessory?
B. ALTERNATIVE ACTIONS$
Due to the importance of this ordinance and due to the
potential that it could be challenged in court, it is my view
that the City Attorney review the ordinance closely prior to
Planning Commission consideration. Unfortunately, he has been
unable to do so prior to meeting time.
As noted, this ordinance is very similar to the ordinance
adopted by the City of Big Lake and the City of Buffalos and
since the Monticello City Attorney Is also the attorney that
reviewed the Big Lake and Buffalo ordinance amendments, it is
likely that he will approve of the Monticello ordinance. I
Planning Commission Agenda - 17/3/91
would feel more comfortable, however, if he reviewed the
proposed ordinance amendment in detail and provided his
comments prior to City adoption of the ordinance.
Under this alternative, the final language would be considered
at the January meeting of the Planning Commission with
subsequent Council review on January 13, 1992.
C. STAFF RECOMMMATION:
Staff recommends that the zoning ordinance amendment along
with the proposed amendment governing licensing of adult uses
be reviewed and discussed and that further consideration of
the matter be tabled until the City Attorney comments on the
proposed ordinance.
D. SUPPORTING DATA:
Exhibits A through D.
EXHIBIT A
BACKGROUND RESOURCES
In analyzing and evaluating adult uses, the primary information
sources involved numerous studies and background materials from
throughout Minnesota and the nation as a whole. These references
which are on file at Northwest's office are:
Report of the Attorney General's Working Group on the Regulation
of Sexually Oriented Businesses, June 6, 1989
Rochester/Olmsted Planning Department Adult Entertainment
Research Report, March 2, 1988
ASPO Planning Advisory Service Report #327: Regulating Sex
Businesses by William Toner, May 1977
Adult Entertainment Businesses in Indianapolis, An Analysis,
February 1984
Relation of Criminal Activity and Adult Businesses; Prepared by
the City of Phoenix Planning Department, May 1979
American Law of Zoning: 17.01
American Law of Zoning: 17.02
Application of Miller's Test by Jury
Surveys of X -Rated Pornographic Activity in Dakota County 1986-
1989, May 20, 1989
Law Enforcement Cooperation; National Coalition Against
Pornography; Inc.
Pornography Changes Attitudes and Actions, June 1989
Pornography Destroys; Dallas Association for Decency
Uncovering Obscene Materials - A Mother's Approach
Adult Entertainmont, Supplement Study, St. Paul Division of
Planning, 1988
Adult Entertainment, 40 Acro Study, St. Paul Division of
Planning, 1987
City of Coon Rapids, City Code -Licenses
Director's Report, Adult Entertainment, Department of
Construction and Land Use, City of Seattle, Washington, August
1989
City of Renton, of al, Appellant V. Playtime Theatre, Inc., et
al, 1475 US 411 (No. 84-13601
City of Minneapolis City Code
C3)
EXHIBIT 8
ZONING ORDINANCE AMENDMENTS
RELATING TO THE DEFINITION OF ADULT USES
AND GENERAL PROVISIONS FOR ADULT USES
The Monticello City Council does hereby ordain the following:
DEFINITIONS
Section 2-2 of Chapter 2 of the Monticello Zoning Ordinance to
be amended by adding the following:
ADULT USES: Adult uses include adult bookstores, adult motion
picture theatres, adult mini -motion picture theatres, adult
massage parlors, adult steamroom/bathhouse/sauna facilities,
adult companionship establishments, adult rap/conversation
parlors, adult health/sport clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult
modeling studios, adult hotels/motels, adult body painting
studios, and other premises, enterprises, establishments,
businesses, or places open to some or all members of the
public, at or in which there is an emphasis on the
presentation, display, depiction, or description of "specified
sexual activities" or "specified anatomical areas" which are
capable of being seen by members of the public. Activities
s classified as obscene as defined by Minnesota Statute 4617.241
are not included.
Specified Anatomical Areas :
A. Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female
breast (s) below a point immediately above the top
of the areolas and
S. Human male genitals Ln a discernibly turgid state,
even if completely and opaquely covered.
Specified Sexual Activities:
A. Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral -anal copulation,
bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of
excretory functions in the context of sexual
relationship, and any of the following sexually -
oriented acts or conduct: anilingua, buggery,
coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism,
sapphism, xooerasty.
ADULTUSE.DOC: 12/2/91 Page 1
3
B. Clearly depicted human genitals in the state of
i
sexual stimulation, arousal, or tumescence.
C. Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation.
D. Fondling or touching of nude human genitals, pubic
region, buttocks, or female breast.
E. Situations involving a person or persons, any of
whom are nude, clad in undergarments, or in
sexually revealing costumes; and who are engaged in
activities involving the flagellation, torture,
fettering, binding, or other physical restraint of
any such persons.
F. Erotic or lewd touching, fondling, or other
sexually -oriented contact with an animal by a human
being.
G. Human excretion, urination, menstruation, vaginal,
or anal irrigation.
ADULT USE / ACCESSORY: The offering of goods and/or services
which are classified as adult uses on a limited scale and
which are incidental to the primary activity and goods and/or
services offered by the establishment. Examples of such items
include adult magazines, adult movies, adult novelties, and
the like.
ADULT USE / PRINCIPAL: The offering of goods and/or services
which are classified as adult uses as a primary or sole
activity of a business or establishment and include, but are
not limited to, the following:
A. Adult Use Body Painting Studio - An establishment
or business which provides the service of applying
paint or other substance, whether transparent or
non -transparent, to or on the body of a patron when
such body is wholly or partially nude in terms of
"specified anatomical areae."
B. Adult Use Bookstore - A building or portion of a
building used for the barter, rental, or sale of
items consisting of printed matter, pictures,
elides, records, audio tape, videotape, or motion
picture film if such building or portion of a
building is not open to the public generally but
only to one or more classes of the public excluding
any minor by reason of age, or if a substantial or
significant portion of such items are distinguished
or characterized by an emphasis on the depiction or
description of "specified sexual activities" or
"specified anatomical areas."
ADULTUSE.DOC: 12/9/91 Page 9
L
C. Adult Use Cabaret - A building or portion of a
building used for providing dancing or other live
entertainment, if such building or portion of a
building excludes minors by virtue of age, or if
such dancing or other live entertainment is
distinguished or characterized by an emphasis on
the presentation, display, depiction, or
description of "specified sexual activities" or
"specified anatomical areas."
D. Adult Use Companionship Establishment - A
companionship establishment which excludes minors
by reason of age, or which provides the service of
engaging in or listening to conversation, talk, or
discussion between an employee of the establishment
and a customer, if such service is distinquised or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
E. Adult Use Conversation/Rap Parlor - A
conversation/rap parlor which excludes minors by
reason of age, or which provides the service of
engaging in or listening to conversation, talk, or
discussion, if such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
P. Adult Use Health/Sport Club - A health/sport club
e which excludes minors by reason of age, or if such
club is distinguished or characterized by an
emphasis on "specified sexual activities" or
"specified anatomical areas."
G. Adult Use Hotel/Motel - Adult hotel /motel means a
hotel or motel from which minors are specifically
excluded from patronage and wherein material is
presented which is distinguished or characterized
by an emphasis on matter depicting, describing, or
relating to "specified sexual activities" or
"specified anatomical areas."
H. Adult Use Massage Parlor/Health Club - A massage
parlor or health club which restricts minor by
reason of age, and which provides the services of
massage, it such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areae."
I. Adult Use Mini -Motion Picture Theatre - A building
or portion of a building with a capacity for lose
than fifty (50) persons used for presenting
material if such building or portion of a building
as a prevailing practice excludes minors by virtue
of age, or if such material is distinguished or
ADULTUSE.DOCi 12/2/91 Page 1
.3�
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Use Modeling Studio - An establishment whose
major business is the provision to customers of
figure models who are so provided with the intent
of providing sexual stimulation or sexual
gratification to such customers and who engage in
"specified sexual activities" or display "specified
anatomical areas" while being observed, painted,
painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such
customers.
K. Adult Use Motion Picture Arcade - Any place to
which the public is permitted or invited wherein
coin or slug -operated or electronically,
electrically, or mechanically controlled or
operated still or motion picture machines,
projectors, or other image -producing devices are
maintained to show images to five or fewer persons
per machine at any one time, and where the images
so displayed are distinguished or characterized by
an emphasis on depicting or describing "specified
sexual activities" or "specified anatomical areas."
L. Adult Use Motion Picture Theatre - A building or
portion of a building with a capacity of fifty (SO)
or more persons used for presenting material if
such building or portion of a building as a
prevailing practice excludes minors by virtue of
age, or if such material is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" for
observation by patrons therein.
M. Adult Uae Novelty Business - A business which has,
as a principal activity, the sale of devices which
stimulate human genitals or devices which are
designed for sexual stimulation.
M. Adult Sauna - A sauna which excludes minors by
reason of age, or which provides a steam bath or
heat bathing room used for the purpose of bathing,
relaxation, or reducing; utilizing steam or hot air
as a cleaning, relaxing, or reducing agent, if the
service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
O. Adult Steam Room/Bathhouse Facility - A building or
7 portion of a building used for providing a steam
bath or heat bathing room used for the purpose of
ADULTusE.DOCt 12/9/91 Page d C1
3
pleasure, bathing, relaxation, or reducing;
utilizing steam or hot air as a cleaning, relaxing,
Ilk or reducing agent, if such building or portion of a
building restricts minors by reason of age or if
the service provided by the steam room/bathhouse
facility is distinguished or characterized by an
emphasis on "specified sexual activities" or
"specified anatomical areas."
II. GENERAL PROVISIONS
Chapter 3 of the Monticello Zoning Ordinance shall be amended
as follows:
Add section 3-10: ADULT USES.
[A) PURPOSE: The purpose of Section 3-10: Adult Uses is to
provide the opportunity for operation and establishment
of adult land uses while providing controls that limit
negative impacts of adult uses on residential and
commercial areae.
[Bj GENERAL: Adult use as defined in this ordinance shall be
subject to the following general provisions:
1. Activities classified as obscene as defined by
Minnesota Statute 617.241 are not permitted and are
prohibited.
`b 2. Adult uses, either principal or accessory, shall be
prohibited from locating in any building which is
also utilized for residential purposes.
3. An adult use which does not qualify as an accessory
use shall be classified as an adult use/principal.
4. Zoning Controls and District Text Application:
a. So as to provide specific opportunity for
adult uses to exist within the city of
Monticello, an analysis of the existing city
ordinance text and map has been conducted. It
was determined that the I-2 coned districts
provided the most appropriate zones to
accommodate adult uses classified as principal
activity. Only amendments to the I-2 text
are, therefore, proposed to accommodate adult
uses/principal . Principal adult uses are
permitted only in the I-2 zoned districts.
b. Table 1, as follows, provides an initial basis
for determining adult principal use
opportunity within the city of Monticello.
The I-2 zoned districts have been first
ADULTUSE. DOC 1 12/2/91 Page 5 60
evaluated as to area as related to the balance
of the city and secondly, the allowed
opportunity area as related to the size of the
I-2 zoned property.
TABLE 1
CITY OF NONTICELLO
PROPOSED ZONING DISTRICTS
ALLOWING ADULT USE/PRINCIPAL
TOTAL ACRES I-2 TOTAL PERCENT OF CITY
3355 509 15.2%
In general terms, the I-2 zoned districts provide
adequate potential for adult uses. Adult uses are
restricted to the I-2 zoned districts.
[C) ADULT USE / PRINCIPAL:
1. Adult use/principal activities shall be located at
least seven hundred (700) radial feet, as measured
in a straight line from the closest point of the
property line of the building upon which the adult
use/principal is located to the property line of
j the following:
a. Residentially zoned property.
b. Agricultural land located in the neighboring
township or in the city that is designated in
the comprehensive plan for residential use.
C. A licensed day care center.
d. A public or private educational facility
classified as an elementary, middle, junior
high, or senior high school.
e. A public library.
f. A public park.
g. A church.
h. Amusement places such as roller rinks, dance
halls, and bowling alleys.
2. Adult 1•/principal activities shall be located at
least seven hundred (700) radial feet as measured
from one another.
ADULTUSE.DOC: 12/2/91 Page 6 /'�
i
3. Adult use/principal activity is a separate use and
no two adult use/principal activities shall be
l located in the same building or upon the same
property and each use shall be subject to the
above.
4. Adult use/principal activities shall adhere to the
following signing regulations:
a. Sign messages shall be generic in nature and
shall only identify the type of business which
is being conducted.
b. Sign messages shall not contain material
classified as advertising.
C. Sign messages shall comply with the
requirements of size and number for the
district in which they are located.
S. Adult use/principal activities shall be prohibited
in establishments where liquor is served.
6. Adult use/principal activities shall be prohibited
at any place or event where minors are permitted.
[D] ADULT USE / ACCESSORYi
i
1. Adult use/accessory activities are permitted only
in the B-2, B-3, or B-4 zoned districts.
2. Adult use/accessory activities shall comprise no
more than ten (10) percent of the floor area of the
establishment in which it is located.
3. Adult use/accessory activities shall be restricted
and prohibited from access to minors by the
physical separation of such items from areae of
general public acceset
a. Movie Rentals. Display areas shall be
restricted from general view and shall be
located within a separate room, the access of
which is in clear view and under the control
of the persons responsible for the operation.
b. Magazines. Publications classified or
qualifying as adult uses shall be covered with
a wrapper or other means to prevent display of
any material other than the publication title.
C. Other Use. Adult use/accessory activities not
specifically cited shall comply with the
intent of this section subject to the approval
of the toning Adminiotrator.
ADULTUSE.DOCt 12/2/91 Page 1 �\
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r
4. Adult use/accessory activities shall be prohibited
from both internal and external advertising and
signing of adult materials and products.
S. Adult use/accessory activities shall be prohibited
in establishments where liquor is served.
6. Adult use/accessory activities shall be prohibited
at any public show, movie, caravan, circus,
carnival, theatrical, or other performance or
exhibition presented to the general public where
minors are admitted.
Adopted by the Council this day of , 19_
Ren Maus, Mayor
Rick Nolfsteller
City Administrator
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CIO.
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT TITLE 3 OF THE
MONTICELLO CITY ORDINANCE RELATING TO BUSINESS REGULATIONS BE
AMENDED BY ADDING THE FOLLOWING CHAPTER:
CHAPTER 13
LICENSING OF ADULT USE BUSINESSESES
SECTION:
3-13-1: License Requirements
3-13-1: LICENSE REQUIREMENTS:
(A) No person, firm, partnership, or corporation shall operate an
adult use, either principal or accessory, without having first
secured a license as hereinafter provided. Licenses shall be
one of two types:
1. Adult Use/Accessory
T. Adult Use/Principal
(B) Aaalication: In addition to such information the City Council
may require, the application shall also includes
1. If the applicant is an individual, the name, residence,
phone number, and birthdate of the applicant. If the
applicant is a partnership, the name, residence, phone
number, and birthdate of each general and limited
partner. If the applicant is a corporation, the names,
residences, phone numbers, and birth dates of all those
persons holding more than five (5) percent of the issued
and outstanding stock of the corporal ion.
3. The name, address, phone number, end birthdate of the
manager of such operation, if different from the owners.
3. The premises where the adult use is to be located within
the entire building.
4. A statement detailing any felony convictions by the
applicant and whether or not the applicant has ever
applied for or held a license to operate a similar type
of business in other communities. In the case of a
corporation, a statement detailing any felony convictions
by the owners of more than five (5) percent of the issued
and outstanding stock of the corporation, and whether or
C0
Ordinance Amendment No.
Page 2
not those owners have ever applied for or held a license
to operate a similar type of business in other
communities.
The activities and types of business to be conducted.
6. The hours of operation.
7. The provisions made to restrict access by minors.
8. A building plan of the premises detailing all internal
operations and activities.
(C) License Fees:
1. Each application for a license shall be submitted to the
City Administrator and payment made to the City of
Monticello. Each application for a license shall be
accompanied by payment in full of the required fee for
the license. All fees shall be paid into the general
fund. Upon rejection of any application for a license,
the City of Monticello shall refund the amount paid
except for that cost to investigate the applicant.
2. All licenses shall expire on the last day of December in
each year. Each license shall be issued for a period of
one (1) year, except that if a portion of the license
year has elapsed when the application is made, a license
may be issued for the remainder of the year for a prorate
fee. In computing such fee, any unexpired fraction of a
month shall be counted as one (1) month.
1. The annual fee for an adult use/accessory license shall
be $90. The annual fee for an adult use/principal
license shall be $1,000.
/. No part of the fee paid by any license issued under this
ordinance shall be refunded except in the following
instances upon application to the City Administrator
within thirty (10) days from the happening of the event.
There shall be refunded a prorata portion of the fee for
the unexpired period of the license, computed on a
monthly basis, when operation of the licensed business
ceases no less than one (1) month before expiration of
the license because of i
a. Destruction or damage of the licensed premises by
fire or other catastrophe.
Ordinance Amendment No.
Page 3
If the licensee is an individual, the licensee's
disabling illness. If the licensee is a
partnership, the disabling illness of any general
partner. If the licensee is a corporation, the
disabling illness of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
C. If the licensee is an individual, the licensee's
death. If the licensee is a partnership, the death
of any general partner. If the licensee is a
corporation, the death of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
d. A change in the legal status making it unlawful for
the licensed business to continue.
(D) Grantino of License:
1. The City Council shall investigate all facts set out in
the application and hold a public hearing within forty-
five (45) days after the City Administrator receives the
application. Opportunity shall be given to any person to
be heard for or against the granting of the license.
After such investigation and administrative hearing, the
City Council shall grant or refuse the application. The
City shall grant or refuse the application within forty-
five (39) days after the public hearing has closed.
2. Each license shall be issued to the applicant only and
shall not be transferable to another holder. Each
license shall be issued only for the premises described
in the application. No license may be transferred to
another premise without the approval of the City Council.
If the licensee is a partnership or a corporation, a
change in the identity of any of the principals of the
partnership or corporation shall be deemed a transfer of
the license. All adult uses existing at the time of the
ordinance adoption shall be required to obtain an annual
license.
(E) Persons Ineliaible for License:
No license shall be granted to or held by any persons
1. Under twenty-one (21) years of age.
6)
Ordinance Amendment No.
Page 4
2. who has been convicted of any felony.
3. who is not the proprietor of the establishment for which
the license is issued.
(F) Places Ineligible for License:
1. No license shall be granted for adult uses on any
premises where a licensee has been convicted of a
violation of this chapter, or where any license hereunder
has been revoked for cause, until one (1) year has
elapsed after such conviction or revocation.
2. Except for uses lawfully existing at the time of this
ordinance adoption, no license shall be granted for any
adult use which is not in compliance with the City's
zoning regulations.
(G) Conditions of License:
1. Every license shall be granted subject to the conditions
in the following subdivisions and all other provisions of
this chapter, and of any applicable sections of the Code
of the City of Monticello or state law.
2. All licensed premises shall have the license posted in a
conspicuous place at all times.
3. In the case of an adult use/principal, no minor shall be
permitted on the licensed premises unless accompanied by
his/her parent or legal guardian.
4. Any designated inspection officer of the City of
Monticello shall have the unqualified right to enter,
inspect, and search the promisee of a licensee during
business hours.
5. Every licensee shall be responsible for the conduct of
hie/her place of business and shall maintain conditions
of order.
(H) Penalty:
1. Any person violating any provision of this ordinance is
guilty of a misdemeanor and upon conviction shall be
punished not more than the maximum penalty for a
misdemeanor as prescribed state law.
F
Ordinance Amendment No.
Page 5
T. Any violation of this ordinance shall be a basis for the
suspension or revocation of any license granted
hereunder. In the event that the City Council proposes
to revoke or suspend the license, the licensee shall be
notified in writing of the basis for such proposed
revocation or suspension. The Council shall hold a
public hearing for the purpose of determining whether to
revoke or suspend the license, which public hearing shall
be within forty-five (45) days of the date of the notice.
The City Council shall determine whether to suspend or
revoke the license within forty-five (45) days after the
close of the hearing and shall notify the licensee of its
decision within that forty-five (45) day period.
Adopted this day of , 1991.
Kayor
City Administrator
No
City License I
CITY OF.MONTIC,ELLO
APPLICATION FOR ADULT USE LICENSE
FOR YEAR
Accessory Use or Principal Use
1. FULL Name of Business:
2. Business Address:
(Street, Box, Route)
3. Business Phone Number( 8)
4. Hours of Operation:
5. Applicant's FULL Name:
(Lest Name)
(City) (State) (Zip)
(First Name) (Middle Initial)
6. Applicant's Address:
(Street,Box, Route) (City) (State) (Zip)
7. Applicant's Phone Number(s):
8. Applicant's Date of Birth:
9. Applicant's Position with Company:
10. If corporation, list below the names, residences, phone number, and
birth dates of those owners holding more than 51 of the outstanding
stock of the corporation:
11. Manager:
(Last Name) (First Name) (Middle Initlal).
12. Manager's Address:
(5treet,Box, Route) (city) (state) (zip)
13. Manager's Phone Number(s):
14. Manager's Date of Birth:
15. Type of Activity:
16. Description of Activity:
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17. Other cities or communities where you've applied for or held a license
to operate a similar type of business:
18. Have you, or in the case of a corporation, the owners of more than 59
of the outstanding stock of the corporation, been convicted of a gross
.aisdemeanor or felony relating to a sex offense or to the operation of
an adult use and related activities? If yes, explain:
19. Please fill out COMPLETELY the attached forms that are required for
the Minnesota Department of Revenue and Department of Labor and
Industry. Some of this information may be repetitive, but it is
required by Minnesota Statute Sections 270.72 and 176.182.
Applications will not be accepted until these forms are filled out
completely.
20. The license will take effect on January 1, 199 and will expire on
December 31, 199 The license fee as prescrTr>ed by Ordinance must
be paid at the time of application.
The undersigned applicant makes this application pursuant to all the
laws of the City ofMONTICELLO Wright County, State of Minnesota and
such rules and regulations as the City Council of the City of Buffalo
may from time to time prescribe.
Applicant's Signatures
Dates
•• The applicant is required to submit, at the time of application, a
building plan drawn to scale of the premises showing location of all
activities.
Received on
Receipt
Approved on
Police Department Pindinges
MICROFILM TITLE PAGE
CITY OF MONTICELLO
Planning Commission
Agenda Books
1992
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