[Approved 7-20-1995 by Ch. No. 2392]
As used in this article, the following terms
shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still of motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
A commercial establishment which as one of its principal
business 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, video cassettes or
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the depiction
or description 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;
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified sexual activities or by specified anatomical areas.
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.
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.
Includes any of the following:
The opening or commencement of any sexually
oriented business as a new business.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business.
The addition of any sexually oriented business
to any other existing sexually oriented business.
The relocation of any sexually oriented business.
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.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner
or licensee of the business.
An individual, proprietorship, partnership, corporation,
association, limited liability company or other legal entity.
Uses listed in Chapter 410, Zoning, of the Code of the City of Pawtucket as residential and related uses.
[Amended 7-25-1996 by Ch. No. 2420]
All zoning districts designated as RS, RT, RM, RL, RE and RD in Chapter 410, Zoning, of the Code of the City of Pawtucket.
[Amended 7-25-1996 by Ch. No. 2420]
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
Human genitals in a state of sexual arousal.
Includes any of the following:
The increase in floor area occupied by the business by more
than 25%, as the floor area exists on April 18, 1995.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means.
The establishment of a trust, gift or other
similar legal device 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.
[Amended 7-25-1996 by Ch. No. 2420]
Classification of sexually oriented businesses
are:
A.
A person commits an offense if that person operates
a sexually oriented business without a valid license issued by the
City for the particular type of business.
B.
An application for a license must be made on a form provided by the City Clerk and must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with § 193-21 of this article shall submit a diagram meeting the requirements of § 193-21.
C.
Application requirements.
(1)
The application shall require the following information:
(a)
The name, residence address, home telephone
number, date and place of birth and social security number of the
applicant.
(b)
The business name, address and telephone number
of the establishment.
(c)
The names, residence addresses, residence telephone
numbers, social security numbers and dates of births of any partners,
corporate officers and directors.
(d)
Addresses of the applicant for the five years
immediately prior to the date of application.
(e)
A description of the adult entertainment or
similar business history of the applicant; whether such person or
entity, in previously operating in this or another City, county or
state, has had a business license revoked or suspended, the reason
therefor and the activity or occupation subjected to such action,
suspension or revocation.
(f)
A description of the business, occupation or
employment of the applicant for the three years immediately preceding
the date of application.
(g)
Authorization for the City, its agents and employees
to seek information to confirm any statements set forth in the application.
(2)
A failure to provide information required by this
subsection will constitute an incomplete application and will not
be processed.
(3)
The information provided pursuant to Subsection C(1)(a) through (g) of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
D.
The applicant must be qualified according to the provisions
of this article.
E.
If a person who wishes to operate a sexually oriented business is an individual, that person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty-percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 193-11, and each applicant shall be considered a licensee if a license is granted.
F.
The fact that a person possesses a valid dance and
entertainment license does not exempt that person from the requirement
of obtaining a sexually oriented business license.
G.
The application shall be signed under oath by the
applicant and notarized.
A.
The City Council shall approve the issuance of a license
by the City Clerk to an applicant after a public hearing before the
City Council unless the City Council finds one or more of the following
to be true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant's spouse is overdue in
payment to the City of taxes, fees, fines or penalties assessed against
or imposed upon the applicant or the applicant's spouse in relation
to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form.
(4)
An applicant or an applicant's spouse has been convicted
of a violation of a provision of this article, other than the offense
of operating a sexually oriented business without a license within
two years immediately preceding the application. The fact that a conviction
is being appealed shall have no effect.
(5)
The license fee required by this article has not been
paid.
(6)
An applicant has been employed in a sexually oriented
business in a managerial capacity within the preceding 12 months and
has demonstrated an inability to operate or manage a sexually oriented
business premises in a peaceful and law-abiding manner, thus necessitating
action by law enforcement officers.
(8)
An applicant or an applicant's spouse has been convicted
of a crime involving any violation of R.I.G.L. §§ 11-9-1
et seq., 11-10-1, 11-31-1 et seq., 11-34-1 et seq., 11-37-1 et seq.
and 11-45-1(a)(7) for which:
(a)
Less than five 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;
(b)
Less then 10 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
(c)
Less then 10 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 or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
(9)
The premises to be used for the sexually oriented
business have not been approved by the State Health Department, City
Fire Division and building official as being in compliance with applicable
law and ordinances.
B.
The fact that a conviction is being appealed shall
have no effect on the disqualification of the applicant or applicant's
spouse.
D.
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date and the address of the sexually oriented business. The license
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any
time.
The annual fee for a sexually oriented business
license is $3,000. The annual fee for an adult arcade machine is $1,000
per machine.
A.
An applicant or licensee shall permit representatives
of the Police Division, Health Department, Fire Division and Public
Works Department to inspect the premises of a sexually oriented business
for the purpose of ensuring compliance with the law at any time it
is occupied or open for business.
B.
A person who operates a sexually oriented business
or his or her agent or employee commits an offense if that person
refuses to permit a lawful inspection of the premises by a representative
of the Police Division at any time it is occupied or open for business.
C.
The provisions of this section do not apply to areas
of an adult motel which are currently being rented by a customer for
use as a permanent or temporary habitation.
[Amended 6-6-1996 by Ch. No. 2413]
Each license shall expire on November 30 of
each year. Application for renewal should be made at least 30 days
before the expiration date.
[Amended 6-6-1996 by Ch. No. 2413]
A.
The City Council shall suspend or revoke a license
if it is determined that a licensee or an employee of a licensee has:
(2)
Engaged in excessive use of alcoholic beverages
while on the sexually oriented business premises.
(3)
Refused to allow an inspection of the sexually
oriented business premises as authorized by this article.
(4)
Knowingly permitted gambling by any person on
the sexually oriented business premises.
(5)
Demonstrated an inability to operate or manage
a sexually oriented business in a peaceful and law-abiding manner
thus necessitating action by law enforcement officers.
(6)
Gave false or misleading information in the
material submitted to the City Clerk during the application process.
(7)
Has knowingly allowed possession, use, or sale
of controlled substances on the premises.
(8)
Has knowingly allowed prostitution on the premises.
(9)
Has knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended.
(10)
Has been convicted of an offense listed in § 193-11A(8)(a) for which the time period required in § 193-11A(8)(b) has not elapsed.
(11)
On two or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in § 193-11A(8)(a) for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed.
(12)
Has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation or sexual contact to occur in
or on the licensed premises.
(13)
Is delinquent in payment of City taxes or fees.
B.
The fact that a conviction is being appealed shall
have no effect on the revocation of the license.
A licensee shall not transfer his or her license
to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
B.
A person commits an offense if that person causes
or permits the operation, establishment, substantial enlargement or
transfer of ownership or control of a sexually oriented business within
500 feet of another sexually oriented business.
C.
A person commits an offense if that person causes
or permits the operation, establishment or maintenance of more than
one sexually oriented business in the same building, structure or
portion thereof, or the increase of floor area of any sexually oriented
business in any building, structure or portion thereof contained another
sexually oriented business.
D.
For the purposes of Subsection A, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, public or private elementary or secondary school or hospital or to the nearest boundary of an affected public park, residential district, historic district or residential lot.
A.
A nude model studio shall not employ any person under
the age of 18 years.
B.
A person under the age of 18 years commits an offense
if that person appears in a state of nudity in or on the premises
of a nude model studio. It is a defense to prosecution under this
subsection if the person under 18 years was in a rest room not open
to public view or persons of the opposite sex.
C.
A person commits an offense if that person appears
in a state of nudity or knowingly allows another to appear in a state
of nudity in an area of a nude model studio premises which can be
viewed from the public right-of-way.
D.
A nude model studio shall not place or permit a bed,
sofa or mattress in any room on the premises, except that a sofa may
be placed in a reception room open to the public.
A.
A person commits an offense if that person knowingly
allows a person under the age of 18 years to appear in a state of
nudity in or on the premises of an adult theater or adult motion-picture
theater.
B.
A person under the age of 18 years commits an offense
if that person knowingly appears in a state of nudity in or on the
premises of an adult theater or adult motion-picture theater.
A.
Evidence that a sleeping room in a hotel, motel or
similar commercial establishment has been rented and vacated two or
more times in a period of time that is less than 10 hours creates
a rebuttable presumption that the establishment is an adult motel
as that term is defined in this article.
B.
A person commits an offense if, as the person in control
of a sleeping room in a hotel, motel or similar commercial establishment
that does not have a sexually oriented business license, that person
rents or subrents a sleeping room to a person and, within 10 hours
from the time the room is rented, that person rents or subrents the
same sleeping room again.
A.
A person who operates or causes to be operated a sexually
oriented business, other than an adult motel, which exhibits on the
premises in a viewing room of less than 150 square feet of floor space
a film, video cassette or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
(1)
Upon application for a sexually oriented business
license, the application shall be accompanied by a diagram of the
premises showing a plan thereof specifying the location of one or
more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons
will not be permitted. A manager's station may not exceed 32 square
feet of floor area. The diagram shall also designate the place at
which the permit will be conspicuously posted, if granted. A professionally
drawn blueprint shall not be required; however each diagram should
be oriented to the north or to some designated street or object and
should be drawn to a designed scale or with marked dimensions sufficient
to show the various internal dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six inches. The City
Clerk may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since
it was prepared.
(2)
The application shall be sworn to be true and correct
by the applicant.
(3)
No alteration in the configuration or location of
a manager's station may be made without the prior approval of the
Chief of Police or his or her designee.
(4)
It is the duty of the owners and operator of the premises
to ensure that at least one employee is on duty and situated in each
manager's station at all times that any patron is present inside the
premises.
(5)
The interior of the premises shall be configured in
such a manner that there is an unobstructed view from a manager's
station of every area of the premises to which any patron is permitted
access for any purpose excluding rest rooms. Rest rooms may not contain
video reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required in
this subsection must be by direct line of sight from the manager's
station.
(6)
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(7)
The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access at an illumination of not less than 1.0
footcandle as measured at the floor level.
(8)
It shall be the duty of the owners and operator and
it shall also be the duty of any agents and employees present in the
premises to ensure that the illumination described above is maintained
at all times that any patron is present in the premises.
A.
A person commits an offense if, in a business establishment
open to persons under the age of 17 years, a person displays a book,
pamphlet, newspaper, magazine, film or video cassette, the cover of
which depicts, in a manner calculated to arouse sexual lust or passion
for commercial gain or to exploit sexual lust or perversion for commercial
gain, any of the following:
(1)
Human sexual intercourse, masturbation or sodomy.
(2)
Fondling or other erotic touching of human genitals,
pubic region, buttocks or female breasts.
(3)
Less than completely and opaquely covered human genitals,
buttocks or that portion of the female breast below the top of the
areola.
(4)
Human male genitals in a discernibly turgid state,
whether covered or uncovered.
B.
In this section "display" means to locate an item
in such a manner that, without obtaining assistance from an employee
of the business establishment:
B.
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of § 193-16 of this article is punishable by a fine of $500.
[Amended 5-24-2018 by Ch. No. 3160]
D.
It is a defense to prosecution under § 193-10A, 193-16B or 193-18D that a person appearing in a state of nudity did so in a modeling class operated by a proprietary school licensed by the State of Rhode Island, or an accredited college, junior college or university; or in a structure:
(1)
Which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person is
available for viewing.
(2)
Where in order to participate in a class a student
must enroll at least three days in advance of the class.
(3)
Where no more than one nude model is on the premises
at any one time.
[Amended 5-24-2018 by Ch. No. 3160]
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of § 193-16 of this article is subject to a suit for injunction as well as prosecution for violations.
