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:
(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 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.
COUNCIL
The Town Council of the Town of Monroe, Connecticut.
EMPLOYEE
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.
ENTERTAINER
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.
INSPECTOR
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.
MINOR
A person under the age of 18 years.
OPERATOR
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.
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 ACTIVITIES
Includes 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.