The Town Council of the Town of Tolland, Connecticut,
finds that:
A. There are adult-oriented establishments located in
the Town of Tolland 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 performed by a substantial
number of cities and towns in the United States indicate that:
(1) Large numbers of persons, primarily male, frequent
such adult-oriented establishments, especially 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) 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.
(3) 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.
(4) 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.
(5) The reasonable regulation and supervision of such
adult-oriented establishments tends to discourage such sexual acts
and prostitution and thereby promotes the health, safety and welfare
of the patrons, clients and customers of such establishments.
C. The continued unregulated operation of adult-oriented establishments, including, without limitation, those specifically cited at Subsection
A hereof, is and would be detrimental to the general welfare, health and safety of the citizens of Tolland.
D. The Constitution and laws of the State of Connecticut
grant to the Town powers, especially police power, to enact reasonable
legislation and measures to regulate and supervise adult-oriented
establishments as hereinafter defined in order to protect the public
health, safety and welfare.
E. It is not the intent of the Council, in enacting this
chapter, to deny to any person rights to speech protected by the United
States and/or State Constitutions, 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 rights
of any adult to obtain and/or view any sexually oriented materials
protected by the United States and/or State Constitutions, 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 BOOKSTORE
An establishment having a substantial or significant portion
of its stock and trade in books, films, videocassettes 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,
and in conjunction therewith has facilities for the presentation of
adult entertainment, as defined below, and including adult-oriented
films, movies or live entertainment, for observation by patrons therein.
ADULT ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, live
performance, display or dance of any type which has as a significant
or substantial portion of such performance any actual or simulated
performance of specified sexual activities or exhibition and viewing
of specified anatomical areas, removal of articles of clothing or
appearing unclothed, pantomime, modeling or any other personal services
offered customers.
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 below,
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 below,
for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Shall include, without limitation, adult bookstores, sex
shops, adult motion-picture theaters, adult mini-motion-picture theaters
and 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, without limitation, any adult entertainment studio
or any premises that are 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.
[Amended 2-13-2007]
COUNCIL
The Town Council of the Town of Tolland, Connecticut.
DIRECTOR
The Tolland Director of Development.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render 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 entertainment
is provided as an employee or an independent contractor.
INSPECTOR
An employee of the Tolland Department of Development designated
by the Director of Development and/or an employee of the Town of Tolland
designated by the Public Safety Director 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 25% or more of the shares or partnership
interest of any business which is operating, conducting, owning or
maintaining an adult-oriented establishment.
SEX SHOP
An establishment offering goods for sale or rent and that
meets any of the following:
[Added 2-13-2007]
A.
The establishment offers for sale or rent items
from any two or more of the following categories: (1) adult media,
(2) lingerie, or (3) leather goods marketed or presented in a context
to suggest their use for sadomasochistic practices; and the combination
of such items constitutes more than 10% of its stock-in-trade or occupies
more than 10% of its floor area;
B.
More than 5% of its stock-in-trade consists
of sexually oriented toys or novelties; and
C.
More than 5% of its gross public floor area
is devoted to the display of sexually oriented toys or novelties.
SEXUAL ACTIVITIES
As used in this chapter, is not intended to include any medical
publications or films or bona fide educational publication or films,
nor does it include any art or photography publications which devote
at least 25% of the lineage 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 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.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals or 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.
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, buttocks or female breasts.
SUPERVISOR
The Public Safety Director of the Town of Tolland.
[Amended 6-24-2008]
The annual fee for an adult-oriented establishment
license is $500, nonrefundable.
The Town Director of Development and/or the
Public Safety Director shall suspend a license for a period not to
exceed 30 days if he determines that a licensee or an employee of
a licensee has violated any part of this chapter or violated any state
statute regarding the subject establishment.
If the Town Director of Development and/or the Public Safety Director denies the issuance of a license or suspends or revokes a license, he shall, within 10 days of his decision, send to the applicant or licensee at the address listed on the application, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The aggrieved party may appeal the decision to the Tolland Town Council within 30 days of receipt of the notice, which must render a decision within 45 days of receipt of the appeal. Thereafter, the aggrieved party may file an appeal from the Town Council directly to the Superior Court for the Judicial District of Tolland. The filing of an appeal stays the action of the Town in suspending or revoking a license until the Town Council, Superior Court or Appellate Court makes a final decision. Nothing in this section shall prevent the Town from proceeding with an injunction action pursuant to §
51-11 hereof.
A person who operates or causes to be operated
a sexually oriented business without a valid license is subject to
a suit for injunction.