(A) Purpose and intent. The purpose and intent of this section is to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city, thereby helping to reduce and eliminate the adverse secondary effects from such sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Utah Constitution, or to deny access by the distribution and exhibitors of sexually oriented entertainment to their intended market; neither is it the intent or effect of this section to condone or legitimize the distribution of obscene material.
(B) Location requirements.
(1) No sexually oriented business or an adult entertainment establishment shall be located within 200 feet of the exterior boundary of any residential zone district.
(2) No sexually oriented business or an adult entertainment establishment shall be located within 1,000 feet of any religious institutions, K through 12 educational institutions, parks and playgrounds, licensed daycare centers, or any other adult entertainment use, whether such adult entertainment use is within or without the city.
(3) The method of measurement for the distance restriction shall be computed by direct measurement from the exterior boundary of any area identified above, or from the nearest property line of the property upon which an adult entertainment business or establishment or other adult entertainment use is conducted, to the nearest property line of the property whereon the building in which an adult entertainment use is to occur.
(C) Nudity. No licensee, manager or employee mingling with the patrons of a sexually oriented business or serving food or drinks shall be nude or in a state of nudity. It is a defense to prosecution for a violation of this section that an employee of a sexually oriented business exposed any specific anatomical area during the employee’s bona fide use of a restroom, or during the employee’s bona fide use of a dressing room which is accessible only to employees. Further, no licensee or employee shall encourage or knowingly permit any person on the premises to engage in specified sexual activities.
(D) Advertising. Advertisements, displays or other promotional material depicting adult entertainment uses shall not be shown or exhibited to be visible to the public from pedestrian sidewalks or walkways, or from other public or semipublic areas.
(E) Number permitted. Only one sexually oriented business or an adult entertainment establishment use shall be permitted per building; or, in other words, no building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business therein.
(F) Obstruction of view. All building openings, entries and windows shall be located, covered or screened in such a manner as to prevent a viewing to the interior from any public or semipublic area; for new construction, the building shall also be oriented so as to minimize any possibility of viewing the interior from public or semipublic areas.
(G) Minors. No one under 21 years of age shall be admitted to any sexually oriented business or an adult entertainment establishment of any kind. The foregoing minimum age limitations also apply to any employees, agents, servants or independent contractors working on the premises during the hours when adult entertainment is being presented.
(H) Responsibility of owners, employees; hours; activities. It shall be unlawful for a sexually oriented business or an adult entertainment establishment to be open for business, or for the licensee or any employee of a licensee to allow patrons upon licensed premises, or to permit any employee to engage in a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of 10:00 p.m. and 7:00 a.m. of any particular day. Further, it shall be unlawful, if working as an employee of a sexually oriented business, regardless of whether a license has been issued for said business under this chapter, to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 10:00 p.m. and 7:00 a.m. of any particular day.
(I) Specified sexually activities prohibited. It shall be unlawful for an adult entertainment establishment and/or a sexually oriented business, or for the licensee or any employee of a licensee thereto, regardless of whether a license has been issued for said business under this chapter, to knowingly allow any patron upon the premises to engage in a specified sexual activity, as set out in UCA § 32B-1- 505, while on said premises. It shall also be unlawful for any licensee or employee of an adult entertainment establishment, regardless of whether a license has been issued for said business under this chapter, to engage in a specified sexual activity while on the premises of said adult entertainment establishment. The foregoing conditions contained in this section are promulgated pursuant to the terms of this chapter and UCA Title 76, Chapter 10, as amended.
(J) Violation. Any person or entity who operates or causes to be operated an adult entertainment establishment who violates any provision contained in this chapter or does not have a valid license is subject to a suit for injunction and is subject to civil and criminal penalties as set forth in § 153.006.
(K) Public nuisance. Any adult entertainment establishment which engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations, REPEATED VIOLATIONS shall mean two or more violations of any provision set forth herein within one year dating from the time of a new violation, and a continuing violation shall mean a violation of any provision set forth herein lasting for three or more consecutive days.
(Prior Code, § 10-6-5) (Ord. passed 8-10-2006; Ord. passed 8-15-2006) Penalty, see § 153.999