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A. Obscenity: Notwithstanding anything contained in this chapter, nothing in this chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to the provisions of this code, or other applicable federal or state statutes prohibiting obscenity.
B. Premises Location: It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.
C. Business Name: It is unlawful for any sexually oriented business to do business in the city under any name other than the business name specified in the application.
D. Unlawful Activities: It is unlawful for any sexually oriented business or sexually oriented business employee to:
1. Allow persons under the age of eighteen (18) years on the licensed premises, or under the age of twenty one (21) years if the premises are licensed for the sale or consumption of alcoholic beverages, except that in adult businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas;
2. Allow, offer or agree to conduct any outcall business with persons under the age of eighteen (18) years;
3. To allow the sale, storage, supply, or consumption of alcoholic beverages on the licensed premises unless a Class C or Class D license has been issued for the premises pursuant to chapter 3, article C of this title;
4. Allow the outside door to the premises to be locked while any patron or customer is on or in the licensed premises;
5. Allow, offer or agree to gambling on the licensed premises;
6. Allow, offer or agree to any sexually oriented business employee touching or being touched by any patron or customer, except that outcall employees and customers may touch, provided that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited;
7. Allow any sexually oriented business employee to perform or appear on the premises of an adult live entertainment business in a state of nudity or for the employee to perform or appear in a state of nudity on such premises, except that a performer may be allowed to perform or appear in a state of seminudity on a stage or within a performance area designed and separated as required in subsections 5-15-11D1c and D2 of this chapter;
8. Allow, offer or agree to illegal possession, use, sale or distribution of controlled substances on the licensed premises;
9. Allow sexually oriented business employees to possess, use, sell or distribute controlled substances while engaged in the activities of the business;
10. Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor or committing activities harmful to a minor to occur on the licensed premises or, in the event of an outcall employee or business, the outcall employee committing, offering or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor;
11. Allow, offer, commit or agree to any specified sexual activity as validly defined by city ordinances or state statute in the presence of any customer or patron;
12. Allow, offer or agree to any outcall employee appearing before any customer or patron in a state of nudity;
13. Allow, offer or agree to allow a patron or customer to masturbate in the presence of the sexually oriented business employee or on the premises of a sexually oriented business;
14. To engage or allow any employee to engage in activity for the purpose of soliciting, beckoning, requesting or suggesting to any person to enter such premises as a patron within twenty five feet (25') of any sexually oriented business;
15. To allow an employee to act in a capacity of what is commonly known as a "lookout" to be stationed or maintained to give warning of the approach of any police officer to the premises of a sexually oriented business or to maintain or operate any electrical or other device which is used or capable of being used to give warning to persons within the premises of a sexually oriented business of the approach of any police officer.
E. Manager Responsibilities:
1. Unless an owner is present, a manager shall be on duty at an adult live entertainment business at all times adult live entertainment is being provided or that customers are on the premises. The name of the manager on duty shall be prominently posted during business hours.
2. Unless an owner is present, a manager shall be on duty at an adult business at all times that the business is open. The name of the manager on duty shall be prominently posted during business hours.
(Ord. 2000-39, 7-18-2000)
A. Performers: It is unlawful for any professional dancer, model or performer, while performing in any business licensed pursuant to this chapter to:
1. Touch in any manner any other person;
2. Throw any object or clothing off the stage area;
3. Accept any money, drink or any other object directly from any person; or
4. Allow another person to touch such performer or to place any money or object on the performer or within the costume or person of the performer;
5. Fail to be costumed at all times with opaque clothing covering the nipple and areola of the female breast and the male or female genitals, pubic area and anus, which covering of the genitals, pubic area and anus shall be no narrower than four inches (4") wide in the front and five inches (5") wide in the back, and shall not taper to less than one inch (1") wide at the narrowest point;
6. Wear or expose any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or wear or expose any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples; or
7. To touch or cross over the barrier separating the patrons from the stage.
B. Patrons: It is unlawful for any person, or any patron of any adult live entertainment business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; to cross over the barrier separating the patrons from the stage during a seminude performance; to bring into the premises any alcoholic beverage for on premises consumption; or to give or offer to give to any such performer any drinks, money or object while such performer is performing; except that money may be placed on the stage which shall not be picked up by the performer except by hand.
(Ord. 2000-39, 7-18-2000; amd. Ord. 2001-66, 11-27-2001, eff. 12-13-2001)
It is unlawful for any business or employee providing outcall services contracted for in the city, to fail to comply with the following requirements:
A. Written Contract: All businesses licensed to provide outcall services pursuant to this chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this section for a period of not less than one year from the date of provision of services thereunder. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract and pecuniary compensation paid.
B. Maintain Office Or Telephone: All outcall businesses licensed pursuant to this chapter shall maintain an open office or telephone at which the licensee or licensee's designated agent may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For outcall businesses which premises are licensed within the corporate limits of the city, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office or any other location by the service, nor shall patrons meet outcall employees at the business premises.
C. Advertise; Manner: Outcall services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the outcall employee.
D. Employee Licensing: All employees of outcall services who provide outcall services within the city shall be licensed in accordance with this chapter, regardless of the primary location of the business.
(Ord. 2000-39, 7-18-2000)
A police officer or other "authorized officer" as defined in section 5-1A-1 of this title, may, during the hours that the establishment is open for business, upon presentation of proper identification, inspect those portions of any premises in which a sexually oriented business regulated under this chapter is conducted that are open to or frequented by patrons and the records kept on the premises as required by subsection 5-15-16A of this chapter. Such inspection shall be limited in scope to that necessary to determine compliance with the regulatory provisions of this chapter.
(Ord. 2000-39, 7-18-2000)
It is a defense to prosecution or violation under this chapter that a person appearing in a state of nudity did so in a modeling class operated:
A. Proprietary School: By a proprietary school licensed by the state, or a college, junior college or university supported entirely or partly by taxation;
B. Private College Or University: By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
(Ord. 2000-39, 7-18-2000)
A. Injunction: An entity or individual who operates or causes to be operated a sexually oriented business, without a valid license, or who employs or is employed as an employee of a sexually oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this chapter, is subject to a suit for injunction in addition to the civil and criminal violations provided herein, and any other remedy available at law or in equity.
B. Suspension Or Revocation:
1. The city may issue a notice suspending or revoking a sexually oriented business or employee license granted under this chapter if a licensee, or an employee of the licensee has:
a. Violated or is not in compliance with the provisions of this chapter;
b. Refused to allow any inspection of the premises of the sexually oriented business specifically authorized by this chapter, or by any other statute or ordinance;
c. Submitted materially false or misleading information in obtaining the license;
d. A licensee or an employee knowingly operated the sexually oriented business or worked under the employee license during the period when the business licensee or employee licensee's license was suspended;
e. A licensee has committed an offense which would be grounds for denial of a license for which the time period required has not elapsed;
f. On two (2) or more occasions within a twelve (12) month period, a person committed in or on, or solicited for in or on the licensed premises, or an outcall employee solicited or committed on or off the premises, an offense which would be grounds for denial of a license for which a conviction has been obtained, and the person or persons were employees, whether or not licensed, of the sexually oriented business at the time the offenses were committed;
2. Suspension or revocation shall take effect within ten (10) days of the issuance of notice, unless an appeal is filed as provided by this chapter.
3. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
4. When a license issued pursuant to this chapter is revoked, the revocation shall continue for one year from its effective date, and the licensee shall not be issued a sexually oriented business or employee license for one year from the date of such revocation.
(Ord. 2000-39, 7-18-2000)
A. Filing: If the license is denied or approved with qualifications, or if a notice of suspension or revocation is given, the applicant or licensee may file an appeal with the business license coordinator.
B. Time Limitation; Hearing Scheduled: Filing of an appeal must be within ten (10) days of the date of service of the notice of any denial, qualified approval, suspension or revocation. Upon receiving the notice of such appeal, the business license coordinator shall schedule a hearing before a designated hearing officer within twenty (20) days from the date of the appeal unless such time shall be extended for good cause.
C. Hearing: The hearing officer shall hold a hearing on the record, and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension or revocation was proper under the law.
D. Burden Of Proof: The burden of proof shall be on the city.
E. Recommended Decision: After the hearing, the hearing officer shall have seven (7) working days, unless extended for good cause, in which to render findings of fact, conclusions of law, and recommended decision to the mayor.
F. Objections: Either party may object to the recommendation of the hearing officer by filing the party's objection and reasons, in writing, to the mayor within seven (7) days following the recommendation. In the event the hearing officer recommends upholding a suspension or revocation, the license shall be immediately suspended, and shall remain suspended until any subsequent appeal is decided. If no objections are received within the seven (7) days, the mayor may immediately adopt the recommendation of the hearing officer.
G. Consideration: If objections are received, the mayor shall have ten (10) working days to consider such objections before issuing the mayor's final decision. The mayor may, in the mayor's discretion, take additional evidence or require written memorandum on issues of fact or law. The standard by which the mayor shall review the decision of the hearing officer is whether substantial evidence exists in the record to support the hearing officer's recommendation.
H. Judicial Review: An applicant aggrieved by the mayor's decision shall have judicial review of such decision pursuant to rule 65.B., Utah rules of civil procedure, or any other applicable ordinance, statute or rule providing for such review.
(Ord. 2000-39, 7-18-2000)
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