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(A) The purposes of this chapter are:
(1) To protect neighborhoods from the noise, the blighting influence, and the increase in crime brought about by the concentration and harmful location of adult entertainment establishments;
(2) To prevent the unsanitary conditions which exist at “adult amusement arcades” and to prevent health risks caused by illicit and unlawful sexual relations in such public establishments;
(3) To protect children and the family environment from the deleterious and harmful effects of exposure to certain sexually explicit matter; and
(4) To obtain the identity of persons licensed and to be licensed for the operation of establishments selling, showing, or renting certain sexually explicit material in order to identify the persons responsible for operating such businesses and assist in enforcing this chapter.
(B) It is not the purpose of this chapter to establish community standards on obscenity nor to permit persons to engage in any activity which is in violation of law, including but not limited to city and state laws pertaining to the advertising, promotion, distribution, or sale of obscene material or materials portraying a sexual performance by a minor, or state laws pertaining to use of a minor in a sexual performance or promotion of a sexual performance by a minor, or the use of a minor to distribute material portraying a sexual performance by a minor.
(Ord. 15-1987, passed 10-5-87)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ADULT AMUSEMENT ARCADE.” An establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices, peep shows, viewing areas, and/or similar devices, either coin, token, or slug-operated, or which in consideration of an entrance fee, display matter distinguished or characterized by an emphasis on depictions of sexual activities as hereinafter defined, or which offer male or female persons who expose to view of the customer the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernibly turgid state, even if completely or opaquely covered.
“ADULT BOOK STORE.” An establishment having as one of its principal uses the sale, rent, or display of pictures, books, periodicals, magazines, appliances, and similar materials which are distinguished or characterized by their emphasis on depictions of sexual activities as hereinafter defined.
“ADULT ENTERTAINMENT PROVIDER.” A commercial establishment, such as a hotel or motel, which in addition to providing as the major part of its business services unrelated to depictions of sexual activities as herein defined, makes entertainment (either live or on film or video tape) available to its customers, which entertainment has as a dominant theme or is characterized or distinguished by an emphasis on matter depicting, describing, or relating to sexual activities, if such establishment advertises the availability of such adult entertainment at its establishment. The advertisement of such materials shall not include the posting of a card or handbill on or near a television set in a hotel or motel room advising room guests that such adult movies are available upon request of the guest, or advertisement informing the public of the availability of commercial cable channels.
“ADULT MOTION PICTURE THEATER.” An establishment having as one of its principal uses the presentation of motion pictures, slide projections, and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing, or relating to sexual activities as hereinafter defined, for observation by persons therein. The nature and extent of advertisements for such matter may be considered in determining whether the activity is one of the establishment’s principal uses.
“ADULT STAGE SHOW THEATER.” An establishment having as one of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing, or relating to sexual activities as hereinafter defined, for observation by persons therein.
“ADULT VIDEO CASSETTE RENTAL CENTER.” A commercial establishment which has as one of its principal business uses the rental or sale of video cassettes which depict material distinguished or characterized by an emphasis on depictions of sexual activities as hereinafter defined.
“CABARET.” An establishment which features as one of its principal uses, entertainers, waiters, bartenders, male or female impersonators, and/or any other persons, either male or female, who expose to public view of the patrons of said establishment the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially or completely covered by translucent material, and/or human or simulated male genitals in a discernibly turgid state, even if completely and opaquely covered.
“COMMERCIAL SEXUAL ENTERTAINMENT CENTER.” Any commercial establishment not otherwise described herein which as one of its principal uses makes available matter, services, or entertainment appealing to adult sexual interest if the establishment or its entertainment, services, or goods is advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
“DIRECTOR.” The Mayor or his designee, whose appointment by the Mayor shall be approved by the City Council.
“EMPLOYEE.” Any person hired by or suffered or permitted to work in an establishment engaging in adult entertainment activities, whether that person receives remuneration or compensation directly from the operator or owner of the establishment, from patrons of the establishment, or from any other source whether by contract of employment or otherwise; however, this definition shall not include independent contractors who are not involved in the actual conduct of the adult entertainment business in question, such as suppliers of goods and services or repair persons.
“ESTABLISHMENT.” A business entity or endeavor, whether fixed, mobile, or travelling, including its owners, operators, directors, shareholders, partners, employees, and possessions.
“LICENSEE.” A person who is the holder of a valid license under this chapter and shall also include an agent, servant, employee, or other person acting on behalf of a licensee whenever a licensee is prohibited from doing a certain act under this chapter.
“MASSAGE PARLOR.” An establishment for treating the human body by rubbing, stroking, kneading, tapping, or similar treatment with the hand or any other part of the human body which promotes its services in a manner designed to appeal to the patron’s sexual interest.
“MATTER.” Any book, magazine, newspaper, or other printed or written material; any picture, drawing, photograph, motion picture, video cassette film, or other pictorial representation; or any mechanical, chemical, or electrical reproduction or any other article, equipment, machine, or material.
“OPERATOR.” Any individual, partnership, corporation, or business entity who establishes and/or maintains a business as its owner or manager any may also mean “LICENSEE” as defined hereunder.
“OWNER.” Any individual, partnership, corporation, or business entity who has legal title to real estate, with or without accompanying actual possession thereof, or who has all or part of the beneficial ownership of any real estate and a right to the present use and enjoyment thereof, including a mortgage in possession.
“PERSON.” Any individual, partnership, corporation, or business entity.
“PRINCIPAL USE.” A substantial or significant use, but not necessarily a majority of the business activity or stock in trade. The fact that a business may have one or more other principal uses unrelated to adult entertainment shall not relieve the business from the provisions of this chapter applicable to adult entertainment establishments. The fact that an establishment dedicates a section or area of the business premises for a business purpose or activity which would otherwise require licensing under this chapter if such purpose or activity were the sole business or activity of the establishment, may be considered evidence of a “PRINCIPAL USE.”
“SELF-DESIGNATED ADULT ENTERTAINMENT CENTER.” Any establishment which:
(1) Designates all or a portion of its premises as for adults only; and
(2) Has a policy of excluding minors fdrom its psremises or from a portion of its premises or which advertises so as to convey the impression that the services, entertainment, matter, or goods availasble at the premises or at the portion of the premises designated for adults one are characterized or distinguished by depictons or sexual activities as herein defined.
“SEXUAL ACTIVITIES.” Partial or complete male and/or female nudity in conjunction with:
(1) Depiction of human genitals in a state of sexual stimulation;
(2) Acts of human masturbation, sexual intercourse, or sodomy; or
(3) Holding or other erotic touching of human genitals, pubic region, buttocks, or breasts.
(Ord. 15-1987, passed 10-5-87)
OPERATION REGULATIONS
An establishment engaging in adult entertainment activity, except as otherwise provided by laws which may be more restrictive, may not have more than one outside sign. Said sign shall be flush to the wall, facial in style, not to exceed in size ten feet in length (horizontal to the ground) and three feet in width (vertical to the ground), with no flashing lights and with no lettering, wording, or pictorial or representational matter which is distinguished or characterized by an emphasis on depictions of sexual activities as defined in § 113.04.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
An establishment engaging in adult entertainment may not display its stock in trade or any matter depicting, describing, or relating to sexual activities in such a manner as to be subject to public view from outside the establishment including, but not limited to view from public sidewalks, streets, arcades, hallways, or passageways.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
(A) An operator or his employee engaging in an adult entertainment activity shall not permit a person under 18 years of age to be employed by or enter his establishment. This section shall not be construed to be an exemption from or in conflict with any requirement found in any statute, ordinance, regulation, or other provision of law applicable to a licensee or potential licensee hereunder which is more stringent in terms of an age requirement for employees.
(B) An operator engaging in an adult entertainment activity shall, at all times, cause the entrance of his establishment to be so attended as to insure compliance with the requirements contained in division (A) above.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
An establishment licensed to engage in adult entertainment shall not conduct business in the nature of adult entertainment, whether live or on film or video tape or to perform massage or to sell or rent sexual paraphernalia or tapes, between the hours of 4:00 a.m. and 6:00 a.m.
(Ord. 15-1987, passed 10-5-87; Am. Ord. 9-1993, passed 12-13-93) Penalty, see § 113.99
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