For the purpose of this chapter, the words and phrases used in this chapter shall have the following meanings, unless otherwise clearly indicated by the context:
ADULT ENTERTAINMENTAny exhibition of any adult-oriented motion picture, live performance, display or dance of any type, pantomime, modeling or any other personal services offered customers which as a significant or substantial portion of such performance has any actual or simulated performance of specified sexual activities, as defined in this section, or exhibition and viewing of specified anatomical areas, as defined in this section, removal of articles of clothing or persons appearing unclothed.
ADULT MEDIA OUTLETA business engaging in the barter, rental or sale of books, magazines, periodicals, other printed matter, pictures, slides, records, audio tapes, videotapes, compact discs, motion pictures, films and/or other media, if such business is open to the public, patrons or members and if a substantial or significant portion of such items is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section. For the purposes of this definition, the factors which may be considered in determining whether a substantial or significant portion of a business is devoted to the sale or rental of such items may include, without limitation, the following:
(1) The number of such items displayed for sale;
(2) The dollar value of such items displayed for sale;
(3) The number of such items included in the entire inventory of the business; or
(4) The dollar value of such items included in the entire inventory of the business.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of fewer 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 in this section, for observation by patrons therein.
ADULT MOTION-PICTURE THEATERAn 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 in this section, for observation by patrons therein.
ADULT NEWSRACKAny coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section.
ADULT-ORIENTED ESTABLISHMENTIncludes, without limitation, adult media outlet, adult motion-picture theater, adult mini motion-picture theater, adult newsrack and adult retail establishment and, further, means any premises to which the public, patrons or members are invited or admitted and which is so physically arranged as to provide booths, cubicles, stalls, studios or rooms separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or, further, means 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. "Adult-oriented establishment" further includes, without limitation, any adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
ADULT RETAIL ESTABLISHMENTA business which offers for sale or rent instruments, devices, gifts or paraphernalia which are designed or marketed for use in connection with specified sexual activities, as defined in this section, clothing that graphically depicts specified anatomical areas, as defined in this section, or any of the materials sold or rented in an adult media outlet, as defined in this section, if a substantial or significant portion of such items is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section. For purposes of this definition, a substantial or significant portion of a business shall be determined by reference to the factors, without limitation, set forth in the definition of "adult media outlet." In determining whether an item is designed or marketed for use in connection with specified sexual activities, as defined in this section, the following guidelines may be considered:
(1) Expert testimony as to the principal use of the item;
(2) Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business;
(3) National and local advertising concerning the nature of the business establishment;
(4) Evidence of advertising concerning the nature of the business establishment;
(5) Instructions, graphics or other materials contained on the item itself or on the packaging materials for the item;
(6) The physical or structural characteristics of the item; or
(7) The manner in which the item is displayed, including its proximity to other regulated merchandise.
COUNCILThe Town Council of the Town of Monroe, Connecticut.
EMPLOYEEAny person, including an independent contractor, who works in or at an adult-oriented establishment, as defined in this section, or who renders any services directly related to the operation of an adult-oriented establishment.
ENTERTAINERAny 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 the entertainer is provided as an employee or an independent contractor.
INSPECTORAn employee of the Town Police Department, Health Department, Fire Department, including the Fire Marshal, or Building Department, the Zoning Enforcement Officer and/or any other Town employee designated by the Council who shall hereby be authorized to inspect premises regulated under this chapter, to take the required actions authorized by this chapter in case violations are found on such premises and to require corrections of unsatisfactory conditions found on the premises.
MINORA person under the age of 18 years.
OPERATORAny person or a proprietor, shareholder, general partner, member of a limited liability company or limited partner who holds 25% or more of the shares, ownership interest or partnership interest of any entity which operates, conducts, owns or maintains an adult-oriented establishment, as defined in this section.
SPECIFIED ANATOMICAL AREAS(1) Less than completely or opaquely covered:
(d) Human female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
(1) Genitals in state of sexual stimulation or arousal;
(2) Sex acts, actual or simulated, of human masturbation, sexual intercourse, sodomy or bestiality; or
(3) Fondling or erotic touching of genitals, pubic region, buttocks or breasts.