The Town Council of the Town of Mansfield, Connecticut, finds:
A. 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.
B. Statistics and studies covering a substantial number
of cities and towns nationwide indicate that:
(1) 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;
(2) 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;
(3) 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;
(4) 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;
(5) 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;
(6) 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;
(7) 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
(8) 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.
C. 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.
D. 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.
E. 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.
EMPLOYEE
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.
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 entertainment is provided as an employee
or independent contractor.
INSPECTOR
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.
MINOR
A person under the age of 18 years.
OPERATOR
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.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or erotic touching of human genitals, pubic region, buttock
or female breast.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region;
(3)
Female breasts below a point immediately above the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
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.
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.
The provisions of the preceding §§
99-4 and
99-5 shall not be deemed to prohibit any use preexisting the enactment of this chapter. Any preexisting use that shall be discontinued for a period of 30 days shall thereafter be required to conform to §§
99-4 and
99-5 of this chapter.
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.
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.