5-15-2: PURPOSE AND APPLICATION:

1. Prior ordinance history: 1979 Code §§ 5.50.010, 5.50.020, 5.50.030, 5.50.040, 5.50.050, 5.50.060, 5.50.070, 5.50.080, 5.50.085, 5.50.090, 5.50.100, 5.50.110, 5.50.120, 5.50.130, 5.50.140, 5.50.150, 5.50.160, 5.50.170, 5.50.180, 5.50.190, 5.50.200, 5.50.210, 5.50.220, 5.50.230, 5.50.240, 5.50.250, 5.50.260, 5.50.270, 5.50.280, 5.50.290, 5.50.300, 5.50.320, 5.50.330, 5.50.340, 5.50.350, 5.50.360; Ord. 90-22, 5-10-1990; 1999 Code.

5-15-1: TITLE:

The ordinance codified in this chapter shall be known and may be referred to as the SEXUALLY ORIENTED BUSINESS AND EMPLOYEE LICENSING ORDINANCE.

(Ord. 2000-39, 7-18-2000)

A. Reasonable And Uniform Regulations: It is the purpose and objective of this chapter that the city establish reasonable and uniform regulations governing the operation of sexually oriented businesses and their employees in the city. This chapter shall be construed to protect the governmental interests recognized by this chapter in a manner consistent with constitutional protection provided by the United States and Utah constitutions.

B. Certain Business Activities: This chapter imposes regulatory standards and license requirements on certain business activities, which are characterized as sexually oriented businesses, and certain employees of those businesses characterized as sexually oriented business employees. Except where the context or specific provisions require, this chapter does not supersede or nullify any other related ordinances, including, but not limited to, those codified in chapter 3 of this title, regarding the sale, storage or consumption of alcoholic beverages.

(Ord. 2000-39, 7-18-2000)

5-15-3: DEFINITIONS:

For the purpose of this chapter, the following words shall have the following meanings:

ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment:

A. Which excludes minors from more than fifteen percent (15%) of the retail floor or shelf space of the premises; or

B. Which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas"; or instruments, devices or paraphernalia which are designated for use in connection with "specified sexual activities", except for legitimate medically recognized contraceptives.

ADULT BUSINESS: An inclusive term including an adult motion picture theater, adult bookstore or adult video store.

ADULT ENTERTAINMENT DANCING AGENCY: Any person, agency, firm, corporation, partnership, or any other entity or individual which offers to furnish, book or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed as an adult live entertainment business or adult theater.

ADULT LIVE ENTERTAINMENT BUSINESS: A business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of seminudity. A business shall also be presumed to be an adult live entertainment business if the business holds itself out as such a business.

ADULT MOTION PICTURE THEATER: A commercial establishment which:

A. Excludes minors from the showing of two (2) consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or

B. As its principal business, shows, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which:

A. Holds itself out as such a business; or

B. Excludes minors from the showing of two (2) consecutive exhibitions (repeated performance of the same presentation shall not be considered a consecutive exhibition); or

C. As its principal business, features persons who appear in live performances in a state of nudity or seminudity or which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

BUSINESS LICENSE AUTHORITY: The city's business license coordinator or designee.

EMPLOY: Hiring an individual to work for pecuniary compensation or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent or in any other form of employment relationship.

ESCORT: Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others or about social affairs, entertainment or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. "Escort" shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. "Escort" shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.

ESCORT SERVICE RUNNER: Any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contracting or meeting with escort services, escorts or patrons at any location within the city, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.

ESCORT SERVICES: An individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

MODEL: Any person who appears nude or seminude or who displays specified anatomical areas and who is provided pecuniary compensation or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

NUDE, NUDITY OR STATE OF NUDITY: A state of dress in which the female breast below a point immediately above the top of the areola, or the male or female genitals, the buttocks, the pubic area or the anus are not fully covered by opaque clothing.

OUTCALL SERVICE OR SERVICES: Services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including, but not limited to, escorts, models, dancers and other similar employees.

PATRON: Any person who contracts with or employs any escort services or escort; or any person who is a customer of any sexually oriented business which is or is required to be licensed pursuant to this chapter.

PECUNIARY COMPENSATION: Any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration.

PERFORMER: Dancer, model and/or other entertainer appearing in a state of seminudity.

PERSON: Any person, unincorporated association, corporation, partnership or other legal entity.

SEMINUDE, SEMINUDITY, STATE OF SEMINUDITY: A state of dress in which opaque clothing covers no more than 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 is no narrower than four inches (4") wide in the front and five inches (5") wide in the back, and does not taper to less than one inch (1") wide at the narrowest point.

SEXUALLY ORIENTED BUSINESS: An inclusive term used to describe collectively adult live entertainment businesses, outcall services, adult businesses and "adult entertainment dancing agency", as defined by this chapter.

SEXUALLY ORIENTED BUSINESS EMPLOYEES: Those employees who work on the premises of the sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models and other similar employees whether or not hired as employees, agents or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. Sexually oriented business employees shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs and other similar employees, shall be considered sexually oriented business employees.

SPECIFIED ANATOMICAL AREAS: The human male or female genitals, pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.

SPECIFIED SEXUAL ACTIVITIES: A. Acts of:

1. Masturbation,

2. Human sexual intercourse,

3. Sexual copulation between a person and a beast,

4. Fellatio,

5. Cunnilingus,

6. Bestiality,

7. Pederasty,

8. Buggery, or

9. Any anal copulation between a human male and another human male, human female, or beast;

B. Manipulating or caressing or fondling by any person of:

1. The genitals of a human,

2. The pubic area of a human, or

3. The uncovered female nipple and areola;

C. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.

(Ord. 2000-39, 7-18-2000)

5-15-4: BUSINESS LICENSES:

A. Sexually Oriented Business: It shall be unlawful for any person to operate a sexually oriented business as specified below, without first obtaining a sexually oriented business license. The business license shall specify the type of business for which it is obtained.

B. Sexually Oriented Business Employee: It shall be unlawful for any sexually oriented business to employ or for any individual to be employed by a sexually oriented business in the capacity of a sexually oriented business employee, unless that employee first obtains a sexually oriented business employee license.

C. Adult Entertainment Dancing Agencies:

1. It is unlawful for any individual or entity to furnish, book, or otherwise engage the services of a professional dancer, model or performer to appear in a state of seminudity for pecuniary compensation in, or for, any adult live entertainment business or adult theater licensed pursuant to this chapter unless such agency is licensed pursuant to this chapter.

2. It is unlawful for any individual or entity to furnish, book or otherwise engage or permit any person to perform as a professional dancer, model or performer in a state of seminudity, either gratuitously or for compensation, in, or for, any business licensed pursuant to this chapter, unless such person is licensed pursuant to this chapter.

D. Exemptions: The provisions of this chapter shall not apply to any sex therapist or similar individual licensed by the state to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, psychologist, nor shall it apply to any educator licensed by the state for activities in the classroom.

(Ord. 2000-39, 7-18-2000)

5-15-5: LEGITIMATE ARTISTIC MODELING:

A. Intent: The city does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar state protection. The city does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of subsection 5-15-14D of this chapter, a licensed outcall employee may appear in a state of nudity before a customer or patron providing that a written contract for such appearance was entered into between the customer or patron and the employee and signed at least twenty four (24) hours before the nude appearance. All of the other applicable provisions of this chapter shall still apply to such nude appearance.

B. Contract; Unlawful Activities: In the event of a contract for nude modeling or appearance signed more than forty eight (48) hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this chapter. During such unlicensed nude appearance, it is unlawful to:

1. Appear nude in the presence of persons under the age of eighteen (18);

2. Allow, offer or agree to any touching of the contracting party or other person by the individual while appearing in a state of nudity;

3. Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor;

4. Allow, offer, commit or agree to any sex act as validly defined by city ordinances or state statute;

5. Allow, offer or agree to the contracting party or other person masturbating in the presence of the individual contracted to appear nude;

6. Allow, offer or agree for the individual appearing nude to be within five feet (5') of any other person while performing, modeling or appearing in a state of nudity.

(Ord. 2000-39, 7-18-2000)

5-15-6: CATEGORIES; NUMBER OF LICENSES:

A. Scope: It is unlawful for any business premises to operate or be licensed for more than one category of sexually oriented business, except that a business may have a license for both outcall services and adult entertainment dancing agency on the same premises.

B. Categories: The categories of sexually oriented businesses are:

1. Outcall services;

2. Adult businesses, including adult bookstores, adult video stores, and adult motion picture theaters;

3. Adult live entertainment businesses;

4. Adult entertainment dancing agency.

(Ord. 2000-39, 7-18-2000)

5-15-7: APPLICATION FOR LICENSE:

Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the business license coordinator, the following:

A. Correct Legal Name: The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name;

B. Corporations; Partnerships: If the applicant is a corporation, partnership or limited partnership or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant and for each officer, director of a corporation and any shareholder (corporate or personal) of more than ten percent (10%) of the stock of any applicant. Any holding company, or any entity holding more than ten percent (10%) of an applicant shall be considered an applicant for purposes of disclosure under this chapter;

C. Personal Information: For all applicants or individuals, the application must also state:

1. Any other names or aliases used by the individual;

2. The age, date and place of birth;

3. Height, weight, color of hair, color of eyes;

4. Present business address and telephone number;

5. Present residence and telephone number;

6. Utah driver's license or identification number; and

7. Social security number;

D. Proof Of Age: Acceptable written proof that any individual is at least eighteen (18) years of age;

E. Photographs: Attached to the form as provided above, two (2) color photographs taken by the Ogden police department of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the police department. For persons not residing in the city, the fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the fingerprints shall be paid by the applicant directly to the issuing agency; fees for the photographs shall be covered as part of the business license fee;

F. Previous Employment History And Residences: A statement of the business, occupation, or employment history and all previous residence addresses, if any, of each individual applicant, for the three (3) years immediately preceding the date of the filing of the application;

G. License And Permit History: A statement detailing the business license and permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application for any license or permit identical to or similar to those regulated by this chapter; and whether the applicant, previously operating or seeking to operate such business or engaging in such occupation in this or in any other county, city or state, has ever had a license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation or suspension;

H. Criminal Convictions: All criminal convictions or pleas of nolo contendere, except those which have been expunged, for the applicant, individual or other entity subject to disclosure under this chapter for five (5) years prior to the date of application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition; identifying the convicting jurisdiction. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;

(Ord. 2000-39, 7-18-2000)

I. Owner Of Property: In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as a copy of the lease;

(Ord. 2001-66, 11-27-2001, eff. 12-13-2001)

J. Description Of Services: A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:

1. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity,

2. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities,

3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances,

4. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease and prevent the commission of acts of prostitution or other criminal activity;

K. Unlawful: It is unlawful to knowingly submit false or materially misleading information on or with a sexually oriented business license application or to fail to disclose or omit information for the purpose of obtaining a sexually oriented business or employee license.

(Ord. 2000-39, 7-18-2000)

5-15-8: LICENSE; BOND:

Each applicant for a sexually oriented business license shall post, with the city's business license coordinator, a cash or corporate surety bond payable to Ogden City in the amount of two thousand dollars ($2,000.00). Any fines or penalties assessed against the business, officers, or managers for violations of city ordinances related to the licensed premises shall be taken from this bond if not paid in cash within ten (10) days after notice of the fine, unless an appeal is filed as provided by this chapter. In the event the funds are drawn against the cash or surety bond to pay such fines or penalties, the bond shall be replenished to two thousand dollars ($2,000.00) within fifteen (15) days of the date of notice of any draw against it.

(Ord. 2000-39, 7-18-2000)

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