This chapter shall be cited as the "Town of Williamson Adult Use Law."
It is the intent of this chapter to regulate sexually oriented businesses
and related activities to promote the health, safety, morals and general welfare
of the citizens of the Town of Williamson and to establish reasonable and
uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the town. The primary purposes of this
chapter are as follows:
A. To preserve the character and quality of life in town
neighborhoods and business areas.
B. To control such documented harmful and adverse secondary
effects of adult uses on the surrounding areas as:
(1) Decreased property values.
(2) The attraction of transients.
(3) Parking and traffic problems.
(5) The loss of business for surrounding nonadult businesses.
(6) The deterioration of neighborhood.
C. To maintain property values.
F. To restrict minors' access to adult uses.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time and where the images so displayed are distinguished or characterized
by the depicting or describing of a specified sexual activity or specified
anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment which, as one of its principal business purposes,
offers for sale or rental for any form of consideration any one or more of
the following:
(1)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides or
other visual representations which depict or describe specified sexual activities
or specified anatomical areas.
(2)
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
B.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing special sexual activities or specified anatomical areas and
still be categorized as an "adult bookstore" or "adult video store." Such
other business purposes will not serve to exempt such commercial establishments
from being categorized as an "adult bookstore" or "adult video store" so long
as one of its principal business purposes is the offering for sale or rental
for consideration the specified materials that depict or describe specified
sexual activities or specified anatomical areas. A "principal business purpose"
shall mean more than 1/4 of the business is devoted to the sale, rental or
display of such materials as determined by any of the following:
(1)
The number of different titles of printed or visual or audio materials
of any kind that are characterized by their emphasis on the description or
depiction of specified anatomical areas or specified sexual activities.
(2)
The number of copies of printed or visual or audio materials of any
kind which are characterized by their emphasis on the description or depiction
of specified anatomical areas or specified sexual activities.
(3)
The amount of floor space devoted to the sale and display of printed
or visual or audio materials of any kind which are characterized by their
emphasis on the description or depiction of specified anatomical areas or
specified sexual activities.
(4)
The dollar amount of sales of printed or visual or audio materials of
any kind which are characterized by their emphasis on the description or depiction
of specified anatomical areas or specified sexual activities.
(5)
The amount of on-site advertising which can be viewed by passersby or
the amount or cost of advertising in print or broadcast media devoted to printed,
visual or audio materials of any kind which are characterized by their emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed circuit television transmissions, films, motion pictures,
video cassettes, slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas; and has a sign visible from the public right of way which
advertises the availability of this adult type of photographic reproductions;
B.
Offers sleeping rooms for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
are shown that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment
which regularly features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
ADULT USES
Adult arcades, adult book stores, adult cabarets, adult motels, adult
motion-picture theaters, adult theaters, adult video stores, escort agencies,
nude model studios and sexual encounter centers.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another person or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESTABLISHMENT
Any of the following:
A.
The opening or commencement of any adult use as a new business.
B.
The conversion of an existing business, whether or not an adult use,
to any adult use.
C.
The additions of any adult use to any other existing adult use.
D.
The relocation of any adult use.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays
specified anatomical areas is provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who pay money
or any form of consideration.
NUDITY
The appearance of human bare buttocks, anus, genitals or full female
breast.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEMINUDITY
A state of dress in which clothing covers no more than the genitals,
pubic region and areolae of the female breast, as well as portions of the
body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or seminudity.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or
more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A,
B and
C above.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
A.
The sale, lease or sublease of an adult use.
B.
The transfer of securities which constitute a controlling interest in
an adult use, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of an adult use, except for transfer by
bequest or other operation of law upon the death of the person possession
the ownership or control.
It shall be deemed a violation of this chapter if the owner and/or operator,
an employee of the owner and/or operator or an agent of the owner/operator
has:
A. Violated or is not in compliance with any section of
this chapter.
B. Refused to allow an inspection of the adult use business
premises as authorized by this chapter.
C. Had gambling occur on the adult use business premises.
D. Had the possession, use or sale of a controlled substance
occur on the premises.
E. Had prostitution occur on the premises.
F. Had any act of sexual intercourse, sodomy, oral copulation,
masturbation or other sexual conduct occur on the premises.
[Amended 10-12-1999 by L.L.
No. 1-1999]
The provisions of this chapter shall be enforced in accordance with, and the penalties for violation thereof governed by, the provisions of Chapter
1, Article
II, of this Code.