CHAPTER 112: ADULT ENTERTAINMENT ESTABLISHMENTS
Section
   112.01   Public policy and purpose
   112.02   Definitions
   112.03   Restrictions, requirements and conditions
   112.04   Licensing
   112.05   Administration
   112.06   Remedies
 
   112.99   Penalty
§ 112.01 PUBLIC POLICY AND PURPOSE.
   (A)   Findings. The Town Council finds as follows.
      (1)   Certain adult entertainment activities which are located near areas zoned for residential use, near churches, schools and near public parks, malls and similar open spaces that cater to use by family groups and children have an adverse effect on the uses of such nearby properties for such purposes aforesaid.
      (2)   Certain adult entertainment activities, because of the conditions of their operations, have contributed to an increased incident of crime and juvenile delinquency.
      (3)   Adult entertainment activities through outside displays tend to attract an undesirable quantity and quality of clientele that encourages neighboring residents and businesses to move elsewhere and militates against new residents and businesses coming into the area thereby adversely affecting property values and contributing to a general deterioration of the town’s neighborhoods.
   (B)   Declaration of public policy. The Town Council hereby declares as a matter of public policy that the regulating of adult entertainment activities within the town is a public necessity and is required in the interest of the health, safety, welfare and the economic and aesthetic well-being of the citizens of the town and all contiguous areas in which the town controls zoning, pursuant to town ordinances.
   (C)   Purpose.
      (1)   The purpose of this chapter is to effect the declaration of public policy set forth herein as it relates to the foregoing findings of the Town Council, and more particularly:
         (a)   To protect property values;
         (b)   To prevent blight and the deterioration of the town and contiguous areas neighborhoods;
         (c)   To promote a climate conducive to a return of residents and businesses to the town and contiguous areas neighborhoods;
         (d)   To enhance the quality of life in the town and contiguous areas neighborhoods;
         (e)   To preserve and stabilize the town and contiguous areas neighborhoods; and
         (f)   To decrease the incidence of crime and juvenile delinquency.
      (2)   It is not the purpose of this chapter to establish community standards on obscenity, nor to allow the establishment of adult entertainment activities which are in violation of state laws or pornography.
(Ord. 3, 1981, passed 2-17-1981)
§ 112.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT ENTERTAINMENT ACTIVITIES. One or more of the following activities:
      (1)   ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trades for sale, rent or display, pictures, books periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities as hereinafter described, or an establishment with a segment or section devoted to the sale or display of such material.
      (2)   ADULT MINI-MOTION PICTURE THEATER. An establishment with a capacity for less than 50 persons having as a substantial or significant portion of its use the presentation of materials having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as hereinafter described for observation by persons therein.
      (3)   ADULT MOTION PICTURE THEATER. An establishment with a capacity of 50 or more persons having as a substantial or significant portion of its use the presentation of material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as hereinafter described for observation by persons therein.
      (4)   ADULT STAGE SHOW THEATER. An establishment used for presenting live performances of human and/or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting or relating to sexual activities, as hereinafter described, for observation by persons therein.
      (5)   AMUSEMENT ARCADE. An establishment having as a substantial or significant portion of its business one or more of the following: Customer-operated motion picture devices; peep shows; and/or similar devices.
      (6)   BATHHOUSE. An establishment for providing bathing, sauna, steam room and/or lavatory facilities for male and/or female persons which promotes its services by using and/or advertising the use of homosexual attendants.
      (7)   CABARET. An establishment which features as entertainers and/or waiters and/or bartenders, male or female impersonators and/or persons, either male or female, who expose to public view of the patrons of said establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region and/or buttocks and/or human or simulated male genitals in a discernibly turgid state, even if completely and opaquely covered.
      (8)   MESSAGE PARLOR. An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand which promotes its services by using and/or advertising the use of female attendants and/or masseuses for male patrons.
      (9)   TAXI DANCE HALL. An establishment operated as a public dance hall where dance partners, either male or female, are available for hire for a monetary consideration payable either by the dance or as part of an entrance fee or membership fee.
   COUNCIL. The Town Council of the Town of Mooresville, Indiana.
   PERSON. Any individual, partnership, corporation or business entity.
   OWNER. Any individual, partnership, corporation or business entity who has legal title to real estate, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any real estate and a right to present use and enjoyment thereof, including a mortgagee in possession.
   OPERATOR. Any individual, partnership, corporation or business entity who establishes and/or maintains a business as its owner or manager.
   SPECIFIED ANATOMICAL AREAS.
      (1)   Less than completely and opaquely covered human genitals; pubic regions; buttock; female breast below a point immediately above the top of the areola; and
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES.
      (1)   Human genitals in a state of sexual stimulation or arousal;
      (2)   Acts of human masturbation, sexual intercourse or sodomy; or
      (3)   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Ord. 3, 1981, passed 2-17-1981)
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