[HISTORY: Adopted by the Town Council of the Town of Monroe 4-28-1997 (Ch. 79 of the 1976 Code). Amendments noted where applicable.]
There are or may be adult-oriented establishments, as hereinafter defined, located in the Town of Monroe ("Town") which will 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.
The continued unregulated operation of adult-oriented establishments is and would be detrimental to the general welfare, health and safety of the citizens of the Town.
The Constitution and the laws of the State of Connecticut grant to the Town regulatory and police powers to enact reasonable legislation and measures to regulate and supervise adult-oriented establishments in order to protect the public health, safety and welfare.
It is not the intent of the Council, in enacting this chapter, to deny to any person rights protected by the United States and/or state Constitution, nor is it the intent of the 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 Council does not intend to deny or restrict the right of any adult to obtain and/or view any sexually oriented materials protected by the United States and/or 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 in this chapter shall have the following meanings, unless otherwise clearly indicated by the context:
- ADULT ENTERTAINMENT
- Any 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 OUTLET
- A 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:
- ADULT MINI MOTION-PICTURE THEATER
- An 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 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 in this section, for observation by patrons therein.
- ADULT NEWSRACK
- Any 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 ESTABLISHMENT
- Includes, 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 ESTABLISHMENT
- A 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.
- The Town Council of the Town of Monroe, Connecticut.
- Any 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.
- 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 the entertainer is provided as an employee or an independent contractor.
- An 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.
- A person under the age of 18 years.
- Any 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.
The foregoing specifications are not intended to include any matter which is the subject of bona fide medical publications or films or bona fide educational publications or films; nor do the specifications include any art or photography publications which devote at least 25% of each issue to articles and advertisements dealing with subjects of art or photography; nor do the specifications 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 do the specifications apply to publications or films which 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.
No operator or employee of an adult-oriented establishment shall allow or permit any minor 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 doing business in the Town on and after June 15, 1997, shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, stalls, studios or rooms wherein adult entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, stalls, studios or rooms 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, stalls, studios or rooms within adult-oriented establishments for the purpose of providing for adult entertainment.
On and after June 15, 1997, 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 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 footcandle as measured at the floor level. It shall be the duty of the operator and his/her/its agents to ensure that the illumination described above is maintained at all times when any patron is present in the premises.
Every act or omission committed by an 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 negligent failure to supervise the employee's conduct, and the operator shall be subject to penalties for such act or omission in the same manner as if the operator had committed the act or caused the omission.
All adult-oriented establishments shall be open to inspection at all reasonable times by the officers of the Monroe Police Department, inspectors employed by the Town or such other persons as the Council may designate.
No adult-oriented establishment shall be permitted on a site that is less than 500 feet from an area zoned residential.
No adult-oriented establishment shall be permitted on a site that is less than 500 feet from any site upon which is situated any preexisting residential dwelling, public or private school, place of worship, public library, public park, day-care center, teen center or municipal facility.
No adult-oriented establishment shall be permitted on a site that is less than 1,000 feet from a site upon which an existing adult-oriented establishment is located.
Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one hour of time shall be considered a separate offense for each hour of violation.
Nothing contained in this chapter shall be deemed to limit any remedy the Town may have for the enforcement of this chapter.