[HISTORY: Adopted by the Town Council of
the Town of Monroe 4-28-1997 (Ch. 79 of the 1976 Code). Amendments noted where applicable.]
A.
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.
B.
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.
C.
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.
D.
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.
A.
ADULT ENTERTAINMENT
ADULT MEDIA OUTLET
ADULT MINI MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT NEWSRACK
ADULT-ORIENTED ESTABLISHMENT
ADULT RETAIL ESTABLISHMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
COUNCIL
EMPLOYEE
ENTERTAINER
INSPECTOR
MINOR
OPERATOR
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
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:
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.
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:
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.
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.
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.
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.
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:
Expert testimony as to the principal use of
the item;
Evidence concerning the total business of a
person or business establishment and the type of merchandise involved
in the business;
National and local advertising concerning the
nature of the business establishment;
Evidence of advertising concerning the nature
of the business establishment;
Instructions, graphics or other materials contained
on the item itself or on the packaging materials for the item;
The physical or structural characteristics of
the item; or
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.
Includes any of the following:
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
No adult-oriented establishment shall be permitted
on a site that is less than 500 feet from an area zoned residential.
G.
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.
H.
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.
B.
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.
C.
Nothing contained in this chapter shall be deemed
to limit any remedy the Town may have for the enforcement of this
chapter.
