[HISTORY: Adopted by the Town Council of the Town of Mansfield 2-9-2004, effective 3-9-2004. Amendments noted where applicable.]
The Town Council of the Town of Mansfield, Connecticut, finds:
There are, or may in the future be, adult-oriented establishments located in the Town of Mansfield which require special supervision from the Town's public safety agencies in order to protect and preserve the health, safety and welfare of the patrons of such establishments, as well as the health, safety and welfare of the Town's citizens.
Statistics and studies covering a substantial number of cities and towns nationwide indicate that:
Large numbers of persons, primarily male, frequent such adult-oriented establishments, including those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called "adult" motion pictures and/or videotapes and/or live entertainment;
Persons under the age of eighteen may be attracted to adult-oriented establishments and seek to enter or loiter about them without the knowledge of their parents or guardians;
Such closed booths, cubicles, studios and rooms have been used by patrons, clients or customers of such adult-oriented establishments for the purpose of engaging in certain sexual acts;
Male and female prostitutes have been known to frequent such establishments in order to provide sex for hire to the patrons, clients or customers of such establishments within such booths, cubicles and rooms;
Doors, curtains, blinds and/or other closures installed in or on the entrances and/or exits of such booths, cubicles, studios and rooms, which are closed while such booths, cubicles, studios and rooms are in use, encourage patrons using such booths, cubicles, studios and rooms to engage in sexual acts therein with prostitutes or others, thereby promoting and encouraging prostitution and the commission of sexual acts which cause blood, semen and urine to be deposited on the floors and/or walls of such booths, cubicles, studios and rooms, which deposits could prove detrimental to the health and safety of other persons who may come into contact with such deposits;
The reasonable regulation and supervision of such adult-oriented establishments tend to discourage such sexual acts and prostitution, and thereby promotes the health, safety and welfare of the patrons, clients and customers of such establishments;
The nature of adult-oriented establishments and the traffic they generate, and the potential and the propensity for such establishments to attract persons interested in explicit sexual activities or erotic art forms, and the potential for outdoor assembly of such persons around the premises of such establishments, are such to make them incompatible with nearby uses of land where children or youth may congregate; and
Sexually oriented businesses require special supervision from the public safety agencies of the Town in order to protect and preserve the health, safety, morals and welfare of the patrons of such businesses as well as the citizens of the Town.
The continued unregulated operation of adult-oriented establishments, including but not limited to those specifically cited in Subsection B(1) hereof, is and would be detrimental to the general welfare, health and safety of the citizens of the Town of Mansfield.
The Constitution and laws of the State of Connecticut grant to the Town powers, especially police powers, to enact reasonable legislation and measures to regulate and supervise "adult-oriented establishment," as hereinafter defined in order to protect the public health, safety and welfare.
It is not the intent of the Town Council, in enacting this chapter, to deny any person rights to speech protected by the United States and/or Connecticut State Constitution, nor is it the intent of the Town Council to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books and/or other materials. Further, by enacting this chapter, the Town Council does not intend to deny or restrict the rights of any adult to obtain and/or view any sexually oriented materials protected by the United States and/or the State Constitution, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute or exhibit such materials.
For the purpose of this chapter, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:
- ADULT-ORIENTED ESTABLISHMENT
- Includes, without limitation, "adult bookstores," "adult motion-picture theaters," "adult mini-motion-picture theaters" and commercial establishments containing one or more "adult amusement machines." Adult-oriented establishment further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or any premises wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An adult-oriented establishment further includes, but is not limited to any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as "adult entertainment" studio, "rap" studio, "exotic dance" studio, "encounter" studio, "sensitivity" studio, "modeling" studio, or any other term of like import.
- ADULT BOOKSTORE
- An establishment having any portion of its stock and trade in books, films, videocassettes, DVDs or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, provided that this definition shall not apply to any establishment in which such materials constitute less than 10% of the value of the inventory of said establishment and in which the display of such materials does not permit the viewing of specified sexual activities or specified anatomical area within the establishment.
- ADULT AMUSEMENT MACHINE
- Includes any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities and specified anatomical areas, as defined below, for observation by patrons therein.
- ADULT ENTERTAINMENT
- Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal services offered customers, which lass a significant or substantial portion of such performance or any actual or simulated performance of specified sexual activities or exhibition and. viewing of specified anatomical areas.
- ADULT MOTION-PICTURE THEATER
- An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein.
- ADULT MINI-MOTION-PICTURE THEATER
- An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
- AMUSEMENT MACHINE
- Includes any machine that upon the payment of a charge or upon insertion of a coin, slug, token, plate or disk, may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score and whether or not electronically operated.
- DIRECTOR OF PUBLIC SAFETY
- The Town Manager of the Town of Mansfield, acting in his/her role as the Director of Public Safety.
- Any and all persons, including independent contractors, who work in or at, or render any services directly related to, the operation of any adult-oriented establishment.
- Any person who provides entertainment within an adult-oriented establishment, as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or independent contractor.
- One or more employees of the Town of Mansfield designated by the Town who shall hereby be authorized to inspect premises regulated under this chapter and to take the required actions authorized by this chapter in case of violations being found on such premises, and to require corrections of unsatisfactory conditions found on said premises.
- A person under the age of 18 years.
- Any person or any proprietor, shareholder, general partner or limited partner who holds any share or partnership interest of any business that is operating, conducting or maintaining an adult-oriented establishment.
- SEXUAL ACTIVITIES
- Is not intended to include any medical publications or films or bona fide educational publications or films, nor does it include any art or photography publications which devote at least 25% of the linage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or seminude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films that describe and report different cultures and which, from time to time, publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the population.
- TOWN COUNCIL
- The Town Council of the Town of Mansfield, Connecticut.
No operator or employee of an adult-oriented establishment shall allow or permit any minor or intoxicated person to loiter in any part of such establishment, including parking lots immediately adjacent to such establishment used by patrons of such adult-oriented establishment.
Every adult-oriented establishment shall display a sign outside each entrance bearing the words, "Adult-oriented establishment - persons under 18 not admitted" in letters three inches high.
No adult-oriented establishment shall be conducted in such a manner that permits the observation of any materials depicting specified sexual activities or specified anatomical areas from the outside of the building that houses the adult-oriented establishment.
Effective upon the passage of this chapter, every adult-oriented establishment doing business in the Town shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein adult entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of adult-oriented motion pictures or other types of adult-oriented entertainment.
Effective upon passage of this chapter, the operator of each adult-oriented establishment shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be well lighted and readily accessible at all times and shall be continuously open to view in its entirety. 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 one foot-candle as measured at the floor level. It shall be the duty of the operator and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
Every act or omission by any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator, if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
An operator shall be responsible for the conduct of all employees while on the premises regulated by this chapter, and any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this chapter.
An operator of an adult-oriented establishment shall at all times maintain a minimum of $1,000,000 of liability insurance applicable to the operations and premises regulated by this chapter.
All adult-oriented establishments shall be open to inspection at all reasonable times by the Director of Public Safety, the Mansfield Police Department, inspectors employed by the Town, or such other persons as the Director of Public Safety may designate. Information regarding employees, including name, date of birth and social security number, must be maintained as part of the record and must be available for inspection by Town officials.
Adult-oriented establishments shall be located no less than 1,000 feet from any of the following uses, if existing at the time when the adult-oriented establishment is established: any public or private school serving grade 12 or lower; any day-care center, nursery school or similar use; any public park or playground, or any playground associated with a church or other community building. Measurements of distance shall be from any portion of the building housing such adult-oriented establishment to any portion of a parcel of land containing such land uses. The separating distance required by this section shall be determined as of the date that any adult-oriented establishment commences to operate in accordance with this chapter and any applicable provision(s) of the Mansfield Zoning Regulations, Building Code, Health Code and other applicable state and local laws, and such adult-oriented establishment shall not be deemed to violate this section if, thereafter, one of the enumerated uses is established within the distance set forth herein.
Adult-oriented establishments shall be located no less than 500 feet from any residential zone. Measurements of distance shall be from any portion of the building housing such adult-oriented establishment to any portion of a parcel of land residentially zoned. The separating distance required by this section shall be determined as of the date that any adult-oriented establishment commences to operate in accordance with this chapter and any applicable provision(s) of the Mansfield Zoning Regulations, Building Code, Health Code and other applicable state and local laws, and such adult-oriented establishment shall not be deemed to violate this section if; thereafter; a residential zone is established within the distance set forth herein.
No adult-oriented establishments shall be permitted in any portion of a building that is less than 1,000 feet from that portion of a building occupied by an existing adult-oriented establishment. The 1,000 feet shall be the straight horizontal distance from any part of a building housing an adult-oriented establishment to any part of the other building housing such use.
Except as provided in Subsection D below, from and alter the effective date of this chapter, it shall be unlawful for any person, partnership, corporation or other entity to engage in, conduct, carry on or permit to be engaged in, conducted or carried on in or upon any premises in the Town, the operation of an adult-oriented establishment without first obtaining a license to operate from the Director of Public Safety.
A license may be issued for only one adult-oriented establishment located at a fixed and certain place. Any person, partnership or corporation that desires to operate more than one adult-oriented establishment must have a license for each such establishment.
It shall be a violation of this chapter for any entertainer, employee, owner or operator to knowingly work in or about or to knowingly perform any service directly related to the operation of any unlicensed adult-oriented establishment.
All existing adult-oriented establishments at the time of the passage of this chapter must submit an application for license within 60 days of the effective date of this chapter. If no application is filed within said sixty-day period, then such existing adult-oriented establishment shall cease operations, unless any such establishment has appealed the enactment of this chapter, whereupon this chapter shall not be enforced as to such establishment until such appeal is dismissed and judgment rendered in favor of the Town. If an application is filed, then this chapter shall not be enforced as to such establishment until such application is denied.
Each license shall be specific to a licensee and to a location and may not be sold, assigned or transferred to any person, corporation, partnership or other entity in any way.
Upon the effective date of this chapter, the operator of any adult-oriented establishment shall be responsible for and shall acquire a license from the Director of Public Safety in accordance with this section.
The Director of Public Safety shall produce and disseminate an application form to be used by persons and other entities applying for a license under this chapter. The operator of each adult-oriented establishment shall submit an application in triplicate to the Police Department together with an application fee of $500 prior to commencement of business or within 60 days of the effective date of this chapter for any establishment already open for business. The Police Department shall date stamp all copies of the application and shall promptly deliver a copy of the application to the Director of Public Safety. In instances where a corporation or a partner is the applicant, the application shall be signed and filed by a person having direct control or management of the proposed adult-oriented establishment or by an officer, director, majority shareholder or majority partner of the corporation or general partner of the partnership or manager or managing member of any other entity.
The applicant, within two business days of submitting an application to the Director of Public Safety, shall erect and maintain for a period of not less than 14 consecutive days in a legible condition, a sign not less than four feet by four feet upon the site to be operated as an adult-oriented establishment, which sign shall set forth the name of the proposed licensee and reflect the filing of an application for an adult-oriented establishment. The sign shall be posted along the front of the property in an area clearly visible from a Town road or state highway abutting the property. After the sign has been properly erected and maintained for 14 consecutive days, the applicant shall provide to the Director of Public Safety a photograph of the sign and a statement under oath attesting to compliance with the foregoing sign requirements.
The applicant for a license shall furnish the following information:
Name and residential address of the applicant, owner, operator, manager and any other person having direct control or management of the adult-oriented establishment, including all aliases, place(s) of employment, date of birth, social security number, driver's license number and federal tax identification number, if any.
Name and address of all employees and any other persons directly involved in the operation of the adult-oriented establishment, including aliases, date of birth, social security number, driver's license number and federal tax identification number, if any.
Written proof that the applicant is at least 18 years of age.
The exact nature of the entertainment to be conducted at the adult-oriented establishment.
The address of the adult-oriented establishment to be operated by the applicant.
Any adult-oriented entertainment or similar business license/permit history of the applicant whether such person has previously operated in this or another municipality or state under license or without license, and/or has had any such license revoked or suspended, stating the reason therefor and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
If the application is a corporation, the application shall specify the name of the corporation, the date and state of incorporation and the name and address of the registered agent.
The statement by the applicant that he/she is familiar with the provisions of this chapter and is in compliance with them.
Any criminal convictions of the applicant, operator and other persons directly involved in the management or control of the adult-oriented establishment for any crime involving prostitution, obscenity, or other sex-related crime or drug offense in any jurisdiction within three years of the date of the filing of the application. Such crimes include, but are not limited to, prostitution, soliciting prostitution, promoting or permitting prostitution, and sexual assault.
An accurate to-scale floor plan of the business premises clearly indicating the location of one or more manager's stations.
A certificate of insurance providing evidence that the operator maintains a minimum of $1,000,000 of liability insurance applicable to the operations and premises regulated by this chapter. Said liability insurance certificate must indicate that the policy is in effect at the time the license is granted and that the policy remains valid throughout the entire period for which the license is effective.
If a license to operate is granted, the information furnished in the application shall be updated within 30 days of any changes. Said update shall be filed at the Police Department.
No license shall be issued unless the Director of Public Safety has investigated the applicant's qualifications to be licensed. The investigation shall be conducted only to confirm the qualifications of the applicant and to inspect the premises for compliance with all laws and regulations. The results of the investigation shall be put in writing and filed with the Police Department and mailed to the applicant within 60 days after the application was filed. Additionally, the premises of the adult-oriented establishment shall be inspected for compliance with the provisions of this chapter and all local and state codes and regulations, including but not limited to health, fire, building and zoning regulations. Said inspection shall be completed and a report issued to the Director of Public Safety within 30 days of the filing of the application and shall be included with the investigation results. The Director of Public Safety shall either issue a license or notify the applicant of the denial of the application within 75 days after receipt of a completed application. If the Director of Public Safety fails to meet this time frame, the application shall be deemed granted.
The Director of Public Safety shall issue to the applicant a license to operate an adult-oriented establishment within 75 days from the date of the filing of an application if all the requirements for an adult-oriented establishment described in this chapter are met, unless he/she finds that:
The operation as proposed by the applicant if permitted would not have complied with all applicable laws and regulations, including but not limited to the building, health, housing, zoning and fire codes of the Town. If the premises are not in compliance, the applicant shall be advised of the reasons in writing and what if any measures the applicant can take to bring the premises into compliance for a license to be issued.
The applicant or any other person who will be directly engaged in the management and operation of an adult-oriented establishment has been convicted in this or any other state of any of the crimes specified in § 99-9D(9) above, except those specified in Subsection B(3) below, within three years of the date of filing of the application.
The applicant or any other person who will be directly engaged in the management and operation of an adult-oriented establishment has been convicted of any obscenity offense in violation of Connecticut General Statutes §§ 53a-194, 53a-196a, 53a-196b, 53a-196c within two years of the date of the filing of the application.
The applicant has submitted a false statement or representation or misleading information on the application.
The applicant previously violated this chapter within five years immediately preceding the date of the filing of the application.
An applicant has been employed in an adult-oriented establishment in a managerial capacity within the preceding 36 months and knowingly:
Permitted alcoholic liquor or cereal or malt beverages to be illegally brought or consumed upon the premises;
Permitted the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the grounds;
Permitted any person under the age of 18 to be in or upon the premises of an adult entertainment business; or
Permitted any act of prostitution or patronizing prostitution, as defined under state law, on the premises.
Whenever an application is denied, the Director of Public Safety shall notify the applicant in writing within 75 days of the date of the application stating the reasons for such denial.
When an application is denied solely for the reasons stated in § 99-10B(1), and such violation is correctable, the applicant shall be given an additional 30 days from the date of such notification of denial to bring the premises into compliance. Upon verification by inspection that the correction has been made within 30 days, which shall be determined no later than three business days after receipt of written notice of corrections from the applicant to the Director of Public Safety, a license shall be issued to the applicant so long as no new violations or other disqualifying factors have occurred within those 30 days.
The license, if granted, shall state on its face the name and residence address for the applicant to whom it is granted, the expiration date, the address of the adult-oriented establishment and the department or public official and telephone number to report any violation of this chapter.
The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented establishment so that it may be easily read at any time.
Each license issued to a qualified applicant shall expire one year from the date it is issued unless it is renewed upon application of the licensee accompanied by payment of a two-hundred-fifty-dollars renewal fee and a certificate of insurance providing evidence of liability insurance coverage as required by the terms of this chapter. Such application, application fee and insurance certificate shall be submitted by the licensee to the Police Department at least 60 days before the expiration date but not more than 90 days. Provided that the application is filed within 60 days of its expiration date, the insurance certificate indicates that the liability insurance coverage satisfies the requirements of this chapter, and the application fee is paid, the license shall be renewed for the same licensee at the same location by the Director of Public Safety unless the licensee's file contains uncorrected violations of this chapter or uncorrected violations of health, fire, or safety codes and regulations of which the licensee has received written notice. The renewed license shall be mailed to the licensee by certified mail prior to the expiration date of the previous license. No establishment shall continue operations without a license except in accordance with the provision of § 99-7 of this chapter.
In the event that there are uncorrected violations of this chapter or uncorrected violations of health, fire or safety codes and regulations of which the renewal applicant has received written notice, license renewal shall be delayed for a maximum of 30 days in order for all corrections to be completed and inspections performed to determine compliance. If such corrections of violations are not made by the applicant within the 30 days beyond the expiration date, no license renewal will be issued. A notice of nonrenewal shall be mailed by the Director of Public Safety to the licensee by certified mail within five days after the extended thirty-day period stating the reasons for the nonrenewal.
Not withstanding the provisions in Subsection B above, in no instance shall a renewal be issued to a licensee that has two or more violations of § 99-3A of this chapter to which the licensee has received written notice or one or more uncorrected violations of this chapter pending for over 60 days. A written notice of such nonrenewal shall be mailed by the Director of Public Safety to the licensee by certified mail prior to the expiration date of the license sought to be renewed, stating the reason for the nonrenewal revocation.
Should a license not be renewed for any violation provided herein, no license shall be issued to the same licensee for two years.
The Director of Public Safety may suspend the license for a period not to exceed 30 days upon his/her determination that a license; operator or employee has violated any part of this chapter. Said suspension shall be issued in writing, mailed by certified mail, return receipt requested, to the licensee at the address of the establishment or at the home of the licensee, or served by process at the usual place of abode of the licensee or at the address of the establishment. If the suspension is issued for a correctable violation, said suspension shall be terminated upon verification by inspection that the correction has been made, which shall be determined no later than three business days after receipt of written notice of correction from the licensee to the Director of Public Safety.
The Director of Public Safety shall revoke any license where any of the following occur
It is discovered that false or misleading information or data was given on any application or material facts were omitted from any application for licensure.
Any cost or fee required to be paid under this chapter is not paid or is paid with a bank check drawn on an account with insufficient funds and returned to the Town.
Licensee has one or more uncorrected violations of this chapter pending for over 60 days.
Failure of licensee to correct any violation within 30 days for which the licensee's license was suspended pursuant to § 99-8.
The license or any interest therein is transferred in any way.
Once revoked, no license shall be issued for the same licensee for two years.
If the Director of Public Safety denies the issuance of a license or suspends or revokes a license, he/she shall, within 10 days of his/her decision, send to the applicant or operator at the address listed on the application by certified mail, return receipt requested, written notice of a decision and further shall specifically state the evidence presented, the reason for the decision and the right to an appeal. The aggrieved party may appeal the decision of the Director of Public Safety to the Town Council within 30 days of receipt of the notice by filing a written application to the Town Clerk requesting a hearing before the Town Council. At the hearing, the applicant/licensee shall have the opportunity to present evidence bearing upon the question. If the applicant/licensee makes application for a hearing, a hearing shall be scheduled within 30 days of the notice of appeal. The Town Council must render a decision within 45 days of the receipt of the appeal. Within five days after such hearing, the Town Council shall issue written notice of a final decision and issue any license or renewal of license where applicable. All operations of the adult-oriented establishment may be maintained pending the final decision being issued by the Town Council unless the Mayor and Director of Public Safety unanimously determine that continued operation of the establishment is a serious threat to the health, safety or welfare of any citizen.
Every person, partnership or corporation, whether acting as an individual owner, operator, licensee or employee of an adult-oriented establishment, who operates, maintains or conducts an adult-oriented establishment without first obtaining a license and paying the applicable fee to the Town, or who violates any of the provisions of this chapter, shall be fined $100 for each such violation and be subject to criminal prosecution under the laws of the State of Connecticut.
Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.
This chapter shall not preclude any additional enforcement action taken by any appropriate municipal, state or federal official conducted pursuant to any applicable Ordinance, regulation and/or law of the Town of Mansfield and/or the State of Connecticut and/or the United States of America.
In addition to any fines or penalties imposed herein, this chapter may be enforced by injunctive relief by any court of competent jurisdiction.
Should any court of competent jurisdiction declare any section or clause or provision of this chapter to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other section, clause or provision of this chapter.
In construing this chapter, the singular number shall include the plural, the plural the singular, and the use of either gender shall include both genders.