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Parma, ID Code of Ordinances
CHAPTER 6
ADULT BUSINESSES
SECTION:
5-6-1: Purpose And Findings
5-6-2: Definitions
5-6-3: Classification
5-6-4: License Required
5-6-5: Issuance Of License
5-6-6: Fees
5-6-7: Inspection
5-6-8: Expiration Of License
5-6-9: Suspension
5-6-10: Revocation
5-6-11: Hearing; Appeal
5-6-12: Transfer Of License
5-6-13: Location Restrictions
5-6-14: Viewing Room Regulations
5-6-15: Escort Agencies; Additional Regulations
5-6-16: Public Nudity; Additional Regulations
5-6-17: Prohibition Against Children In A Sexually Oriented Business
5-6-18: Hours Of Operation
5-6-19: Exemptions
5-6-20: Injunction
5-6-21: License Application
5-6-22: Prohibition Against Warning Devices And Other Mechanisms
5-6-23: Off Street Parking; Monitoring Of Activities; Video Surveillance
5-6-1: PURPOSE AND FINDINGS:
   A.   Purpose: It is the purpose of this chapter to regulate adult businesses, commonly called sexually oriented businesses, in order to promote the health, safety, morals, and general welfare of the citizens of the city of Parma, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter 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 nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
   B.   Findings: Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); State of Idaho v. Morris, Rocky Mountain Videos, Adult Shoppe, Northwest Films, Inc., RAN Enterprises, Inc., Canyon County third judicial district court case #CV 2000-02792 (2000); and on studies in other communities including, but not limited to, Cleburne, Texas; Newport News, Virginia; Garden Grove, California; Adams County, Colorado; Seattle, Washington; Phoenix, Arizona; Indianapolis, Indiana; Minneapolis, Minnesota; Las Vegas, Nevada; and Cleveland, Ohio, the council finds:
      1.   Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for some of the activities that occur on their premises.
      2.   Employees of some sexually oriented businesses may be unable to observe the activities of their customers at all times, thereby increasing the likelihood of ancillary unlawful and unhealthy activities on their premises.
      3.   Certain employees of sexually oriented businesses may engage in higher incidences of certain types of illicit sexual behavior than employees of other establishments.
      4.   Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows.
      5.   Offering and providing such space encourages such activities, which creates unhealthy conditions.
      6.   Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
      7.   At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, chlamydia, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, non A, non B amebiasis, salmonella infections and shigella infections.
      8.   Since 1982, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in 1983; 4,600 in 1984; 8,555 in 1985; 733,374 in 1999; and 859,000 in 2002.
      9.   From April, 1986, when HIV became a reportable disease by Idaho Code section 39-602, through December 31, 2000, there were 736 cases of HIV/AIDS in the state of Idaho.
      10.   From January 1, 2001 through December 31, 2001, reported cases of HIV/AIDS in the state of Idaho decreased to 702, but that has been the last decrease seen in the statistics.
      11.   From January 1, 2002 through the second quarter of 2004, there has been an increasing cumulative number of cases of HIV/AIDS in the state of Idaho.
      12.   At the end of the second quarter of 2004, there were 761 reported cases of HIV/AIDS in the state of Idaho.
      13.   The number of cases of syphilis reported in Idaho in 2003 was 45, with 21 of those cases being in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties); for the first half of 2004, 28 new cases of syphilis have been reported in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties).
      14.   The number of cases of genital chlamydia in Idaho reported annually has risen steadily, since 1999, with 2,609 statewide cases reported in 2003, making chlamydia the most reported of all notifiable infectious diseases in the United States. Of the 2,609 cases reported in 2003, 475 were in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties); for the first half of 2004, 243 new cases of genital chlamydia have been reported in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties).
      15.   The number of cases of gonorrhea reported in Idaho in 2003 was 76, with 14 of those cases being in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties); for the first half of 2004, 9 new cases of gonorrhea have been reported in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties).
      16.   The surgeon general of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
      17.   According to the best scientific evidence, AIDS and HIV infection, as well as syphilis, chlamydia, and gonorrhea, are principally transmitted by sexual acts.
      18.   Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
      19.   Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.
      20.   The findings noted in this section raise substantial governmental concerns.
      21.   Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
      22.   A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
      23.   Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in sexually oriented businesses.
      24.   Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
      25.   The disclosure of certain information by those persons ultimately responsible for the day to day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
      26.   It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.
      27.   The fact that an applicant for a sexually oriented business license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.
      28.   The barring of such individuals from the management of sexually oriented businesses for a period of years serves as a deterrent to, and prevents conduct which leads to, the transmission of sexually transmitted diseases.
      29.   The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter. (Ord. 527, 3-14-2005)
5-6-2: DEFINITIONS:
   ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show films, motion pictures, videocassettes, DVDs, CD-ROMs, slides, computer generated images, or other photographic reproductions to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas".
   ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A commercial establishment which has as a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
   A.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas";
   B.   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse by individuals of themselves or others.
   ADULT BUSINESS: An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of "adult businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
   ADULT CABARET: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
   A.   Persons who appear seminude; or
   B.   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
   C.   Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas".
   ADULT MOTEL: A hotel, motel or similar commercial establishment which:
   A.   Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; and either:
1. Offers a sleeping room for rent for a period of time that is less than ten (10) hours, or
2. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
   ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are 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 regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
   DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas", the films so described are those whose dominant or principal character and theme are the exhibition or display of "specified anatomical areas" or "specified sexual activities".
   EMPLOYEE, EMPLOY, AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or other status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
   ENFORCEMENT OFFICER: The chief of police, or the sworn officers in his or her charge as he or she may designate, or such other person as may be designated by the council.
   ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
   ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
   ESTABLISH OR ESTABLISHMENT: Means and includes any of the following:
   A.   The opening or commencement of any sexually oriented business as a new business;
   B.   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
   C.   The additions of any sexually oriented business to any other existing sexually oriented business; or
   D.   The relocation of any sexually oriented business.
   LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
   LICENSING OFFICER: The city clerk.
   MANAGER: An operator, other than a licensee, who is employed by an adult business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.
   NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
   OPERATE OR CAUSE TO BE OPERATED: To cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.
   OPERATOR: Includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
   PEEP BOOTH: A viewing room of less than one hundred fifty (150) square feet of floor space.
   PERMITTEE AND/OR LICENSEE: A person in whose name a permit and/or license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
   PERSON: An individual, proprietorship, partnership, corporation, limited liability company, association, or other legal entity.
   PREMISES OR PERMITTED OR LICENSED PREMISES: Any premises that requires a license and/or permit and that is classified as an adult business.
   PRINCIPAL OWNER: Any person owning, directly or beneficially: a) ten percent (10%) or more of a corporation's equity securities; b) ten percent (10%) or more of the membership interests in a limited liability company; or c) in the case of any other legal entity, ten percent (10%) or more of the ownership interests in the entity.
   SEMINUDE OR IN A SEMINUDE CONDITION: The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
   SEMINUDE MODEL STUDIO: Any place where a person appears seminude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration. Seminude model studio shall not include a proprietary school licensed by the state of Idaho or a college, junior college or university supported entirely or in part by public taxation; 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; or in a structure:
   A.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
   B.   Where in order to participate in a class a student must enroll in the class; and
   C.   Where no more than one nude or seminude model is on the premises at any one time.
   SEXUAL ENCOUNTER CENTER: A business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities". The definition of sexual encounter establishment or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
   SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, seminude model studio, or sexual encounter center.
   SPECIFIED ANATOMICAL AREAS: A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
   B.   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
   SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:
   A.   Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; crimes against nature; any other sexual offense prohibited by Idaho Code not otherwise specified herein; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries.
   B.   For which:
      1.   Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
      2.   Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
      3.   Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period.
   C.   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
   SPECIFIED SEXUAL ACTIVITIES: Any of the following:
   A.   The fondling of another person's genitals, pubic region, anus, or female breasts;
   B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
   C.   Excretory functions as part of or in connection with any of the activities set forth in subsections A and B of this section.
   SUBSTANTIAL ENLARGEMENT: Of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty five percent (25%), as the floor areas exist on the date this chapter takes effect.
   TRANSFER OF OWNERSHIP OR CONTROL: Of a sexually oriented business means and includes any of the following:
   A.   The sale, lease, or sublease of the business;
   B.   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
   C.   The establishment of a trust, gift, or other similar legal devise which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 527, 3-14-2005)
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