[HISTORY: Adopted by the Town Council of
the Town of Tolland 12-28-1993 as Ord. No. 52.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was revised
2-15-1994 and 3-22-1994 and provided that it shall take effect 1-15-1994.
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:
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.
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.
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.
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.
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]
The Town Council of the Town of Tolland, Connecticut.
The Tolland Director of Development.
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.
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.
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.
A person under the age of 18 years.
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.
An establishment offering goods for sale or rent and that
meets any of the following:
[Added 2-13-2007]
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;
More than 5% of its stock-in-trade consists
of sexually oriented toys or novelties; and
More than 5% of its gross public floor area
is devoted to the display of sexually oriented toys or novelties.
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.
The Public Safety Director of the Town of Tolland.
A.
No operator or employee of an adult-oriented establishment
shall allow or permit any: (i) minor; (ii) intoxicated person; or
(iii) any person who is using or possessing or under the influence
of any drug or substance made illegal under Title 21a of the Connecticut
General Statutes to loiter in any part of such establishment, including
parking lots immediately adjacent to such establishment used by patrons
of such adult-oriented establishment. For purposes of this section,
“loiter” shall mean to stand around or move slowly about;
to spend time idly; to saunter; to delay; to linger.
[Amended 6-24-2008]
B.
Every adult-oriented establishment doing business
in the Town on or after January 1, 1994, shall be well-lighted at
all times and be physically arranged in such a manner that the entire
interior portion of the booths, cubicles, rooms or stalls wherein
adult entertainment is provided shall be clearly visible from the
common areas of the premises. Visibility into such booths, cubicles,
rooms or stalls 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, rooms or stalls within
adult-oriented establishments for whatever purpose, but especially
for the purpose of providing for the secluded viewing of adult-oriented
motion pictures or other types of adult-oriented entertainment.
C.
On or after January 1, 1994, 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 live 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 1.0 footcandle as measured at the floor level. It shall
be the duty of the operator and his agents to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
D.
Every act or omission 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 punishable for such act or omission
in the same manner as if the operator committed the act or caused
the omission.
E.
An operator shall be responsible for the conduct of
all employees while on the licenses premises, and any act or omission
of any employee constituting a violation of the provisions of this
chapter shall be deemed the act or omission of the operator for purposes
of determining whether the operator shall be subject to the penalties
imposed by this chapter.
F.
All adult-oriented establishments shall be open to
inspection at all reasonable times by a Tolland inspector or such
other person(s) as the Council may designate. Information regarding
employees, including name, date of birth and social security number,
must be maintained as part of the record and must be available for
inspection by Town officials.
G.
Separation requirements from other zones and uses.
[Added 7-22-2008]
(1)
Such establishments shall be a minimum of 1,000 feet
from schools, churches, public parks and recreation lands, municipal
property lines, residentially zoned property and other adult-oriented
establishments. Measurements of distances shall be from the property
lines of the uses, except in the separation from other adult uses
in which case the distance shall be measured from structure to structure.
(2)
Such adult-oriented establishments shall also be a
minimum of 300 feet from a building or commercial establishment where
people pay for lodging. The distance shall be measured from structure
to structure.
(3)
No residential use shall be established in any building
of which any part is used as an adult-oriented establishment.
(4)
No adult-oriented establishment shall be established
in any building of which any part is used for residential purposes.
A.
Any person, partnership or corporation who or which
is found to have violated this chapter shall be fined a definite sum
not exceeding $100 for each such violation.
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.
A.
Upon the effective date of this chapter, the operator
of each adult-oriented establishment shall be responsible for and
shall acquire a license from the Town of Tolland in the following
manner:
(1)
The operator of each adult-oriented establishment
shall submit an application to the Town Clerk, upon a form to be provided
by the Town Clerk, within 60 days of the effective date of this revised
chapter.[1] The application shall be distributed to the Public Safety
Director within five days of receipt.
[1]
Editor's Note: Ordinance No. 52 was revised
3-22-1994, effective 4-9-1994.
(2)
The premises must be inspected by Tolland health,
fire and building officials within 30 days of receipt of the application.
If the premises are in compliance with state and local health, fire
and building codes and regulations, a license shall be issued within
45 days of receipt of the application unless the applicant is deemed
unqualified.
(3)
An applicant shall be unqualified if one or more of
the following are true:
(a)
An applicant is under 18 years of age.
(b)
An applicant is overdue in payment to the Town
of taxes, fees, fines or penalties assessed against him or imposed
upon him in relation to an adult-oriented business.
(c)
An applicant has failed to provide information
reasonably necessary for issuance of the license or has falsely answered
a question or request for information on the application form.
(d)
An applicant has violated a provision of this
chapter within two years immediately preceding the application.
(e)
The premises to be used for the adult-oriented
business have not been approved by the Tolland health, fire and building
officials as being in compliance with applicable laws and regulations
within 30 days of the filing of the application.
(f)
The license fee required by § 51-6 hereof has not been paid at the time the application was filed with the Town Clerk.
(g)
An applicant has been employed in an adult-oriented
business in a managerial capacity within the preceding 12 months and
has demonstrated that he is unable to operate or manage an adult-oriented
business premises in a peaceful and law-abiding manner.
(4)
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date and the address of the adult-oriented business. The license shall
be posted in a conspicuous place at or near the entrance to the adult-oriented
business so that it may be easily read at any time.
(5)
An applicant shall not be deemed unqualified solely
because of prior conviction of a crime; however, if the applicant
has been convicted of a crime, the Town Director of Development and/or
the Public Safety Director may consider the following when determining
applicant qualification:
B.
If an applicant is deemed unqualified under this section,
said rejection shall be in writing and shall specifically state the
evidence presented and reason for rejection and shall be sent to the
applicant by registered mail.
[Amended 6-24-2008]
The annual fee for an adult-oriented establishment
license is $500, nonrefundable.
A.
Each license shall expire one year from the date of issuance and may be renewed yearly by making application as provided in § 51-5 of this chapter. Application for renewal should be made at least 30 days before the expiration date to allow Town officials to review the application in a timely manner. No adult-oriented establishment shall operate if its license expires by lapse of time.
B.
When the Town Director of Development and/or the Public
Safety Director denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. If, subsequent
to denial, the Town Director of Development and/or the Public Safety
Director finds that the basis for denial of the renewal of the license
has been corrected or abated, the applicant may be granted a license
if at least 90 days have elapsed since the date the denial became
final.
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.
A.
The Town Director of Development and/or the Public Safety Director shall revoke a license if a cause of suspension in § 51-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Town Director of Development and/or the Public
Safety Director shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in
the material submitted in the application process;
(2)
A licensee or an employee has knowingly allowed possession,
use or sale of controlled substances on the premises of the adult-oriented
business;
(3)
A licensee or an employee has knowingly allowed or
promoted prostitution on the premises of the adult-oriented business;
(4)
A licensee or an employee knowingly operated the adult-oriented
business during a period of time when the licensee's license was suspended;
or
(5)
A licensee or an employee has knowingly, or as a result
of his negligent failure to supervise, allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation or sexual contact to occur in
or on the licensed premises.
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.
