Based on review of studies, reports and court decisions more particularly described in the footnote below, the City Council finds that sexually oriented businesses featuring full or partial nudity and/or sexual activities produce negative secondary effects of increased crime rate, declining or depressed property values, and a diminished sense of safety and security in members of the general public. The purpose of this article provision is to define and regulate sexually oriented businesses, and to prohibit public nudity in order to minimize or eradicate the negative secondary effects of sexually oriented businesses and public nudity.
As used in this article, the following terms shall have the meanings indicated:
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE A commercial establishment having as a significant or substantial portion of its inventory or stock in trade, deriving a significant or substantial portion of its revenues from, or maintaining a significant or substantial section of its sales and display space, to the sale or rental, for any form of consideration, of any one or more of the following:
A. Books, magazines, periodicals and other printed and/or electronic or digital matter, or photographs, posters, films, motion pictures, videotapes, tape, compact discs, slides, pictures, cassettes, or any other printed, electronic or recorded visual material which has as a significant portion of its content or exhibit matter or actions depicting, describing or relating to specified sexual activities or specified anatomical areas.
B. Instruments, devices, or paraphernalia which are designed for use or market primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
C. "Significant or substantial portion" means 30% or more of the term modified by such phrase.
D. "Specified sexual activities are defined herein as follows:
(1) Human genitals in a simulated or actual state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
E. "Specified anatomical areas" are defined as less than completely and opaquely covered human genitals, pubic region; buttock; the nipple and/or areola of the female breast; and human male genitals in a discernible turgid state, even if completely and opaquely covered.
F. "Regular feature or regular basis" is a consistent or substantial course of conduct such that films or performances exhibited on the premises constitute a substantial or significant portion of the films or performances consistently offered as part of the ongoing business on the premises.
ADULT CABARET A nightclub, theater, bar, juice bar, restaurant, bottle club, coffee house or any other building, structure, premises or other establishment, whether or not alcoholic beverages are served, which features:
A. Persons who appear nude or seminude.
B. Live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, male or female strippers, male or female impersonators or similar entertainers, where a significant portion of such performances show, depict or describe specified sexual activities or specified anatomical areas.
C. Films, motion pictures, video cassettes, slides, electronic, digital or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT Any use of land, whether vacant or combined with structures or vehicles thereon, by which such property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing, or presenting specified sexual activities or specified anatomical areas.
ADULT DANCER OR ENTERTAINER A person or individual who provides entertainment which may include dancing emphasizing specific sexual activities, displaying full or partial nudity or showing specific anatomical areas during a show, exhibition or work at an adult entertainment business or any other commercial establishment, except theatrical or movie performances when such displays of full or partial nudity are not the intended attraction or occur on a regular basis, "regular basis" being defined as more than four times per year.
ADULT MINI MOTION-PICTURE THEATER An enclosed building with a capacity for less than 50 persons used for presenting to others motion-picture films, video cassettes, compact discs, cable television or other visual material which has a significant portion of any motion picture or other display depicting or relating to specified sexual activities or specified anatomic areas for observation by patrons therein.
ADULT MODEL STUDIO Any place where, for any form of consideration or gratuity, nude or seminude figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar educational institution.
ADULT MOTEL A motel wherein matter, actions, or other displays are presented for the entertainment of its patrons which contain a significant portion depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE ARCADE Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, video machines or other image-producing devices are maintained to show images to five or fewer persons per machine at any time, and where a significant portion of images so displayed depict, describe, or relate to specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER An enclosed building with a capacity of 50 or more persons used for presenting to others motion-picture films, video cassettes, compact discs, cable television or other visual material which has a significant portion of any motion picture or other display depicting or relating to specified sexual activities or specified anatomical area for observation by patrons therein.
ADULT PERSONAL SERVICE ESTABLISHMENT Any business, agency, or service which arranges, solicits, or provides for the benefit of its customers or clients escorts, dates, models, unlicensed therapists, companions, or entertainers, either on or off the premises, for the purpose of engaging in specified sexual activities or specified acts of violence, or displaying specified anatomical areas as defined herein. These establishments include, but are not limited to, escort services, exotic rubs, modeling studios, body painting studios, wrestling studios, baths, theatrical performances, and photographic studios.
ADULT PHYSICAL CULTURE ESTABLISHMENT Any establishment, club, or business by whatever name designated, which provides, offers, or advertises, or is equipped or arranged so as to provide as part of its services, either on or off the premises, massage, body rubs, physical stimulation, baths, tattoos, or other similar treatment by any person. The following uses shall not be included within the definition of an adult physical culture establishment: establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed or certified physical or massage therapist, a licensed practical nurse, or any other similarly licensed medical professional; electrolysis treatment by a licensed operator of electrolysis equipment; continuing instruction in martial or performing arts or in organized athletic activities; hospitals, nursing homes, medical clinics or medical offices; and barber shops or beauty parlors, health spas and/or salons which offer massage to the scalp, face, feet, neck or shoulders only.
ADULT SEXUAL ENCOUNTER CENTER Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
SEXUALLY ORIENTED BUSINESS or ADULT ORIENTED COMMERCIAL USE One or a combination of more than one of the following types of businesses: adult bookstore, video store or novelty store, adult cabaret, adult entertainment, adult mini motion-picture theater, adult model studio, adult motel, adult motion-picture arcade, adult motion-picture theater, adult personal service establishment, adult physical culture establishment, adult sexual encounter center, or any commercial establishment that regularly features the sale, rental, or exhibition for any form of consideration of books, films, videos, DVDs, magazines, or other visual representation of live performances which are characterized by an emphasis on the exposure or display of specific anatomical areas or specific sexual activities.
It shall be unlawful for any owner, tenant, person, licensee, agent or employee of any establishment, theater, bar, tavern, club, business or any other building or place of business in the City of Rockwood to operate an adult use or sexually oriented business without first applying for and securing zoning approval of the location of such adult use and a license for such use from the City Clerk.
The City Clerk shall approve the issuance of a license to an applicant within 30 days after receipt of an application if zoning approval is not required or within 30 days of the issuance of zoning approval unless the City Clerk finds one or more of the following to be true:
A. An applicant is under 18 years of age.
B. An applicant or an applicant's spouse is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually 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 or an applicant's spouse has been convicted of a violation of a provision of this article within two years immediately preceding the application.
E. Any fee required by this article has not been paid.
F. An applicant or the proposed establishment is in violation of or is not in compliance with any other provision of the City Code.
G. An applicant or an applicant's spouse has been convicted of a crime involving: prostitution; criminal sexual conduct; pandering; indecent exposure; obscenity; sale, distribution, or display of harmful material to a minor; possession of child pornography; for which:
(1) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(2) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(3) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
H. An applicant has been operating the proposed business as a sexually oriented business without a valid license issued under this article.
I. Operation of the proposed sexually oriented business would violate the City's zoning ordinances.
(1) The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant's spouse under Subsection
I.
(2) Except as otherwise provided in this subsection, when the City Clerk denies issuance or renewal of a license, the applicant may not apply for or be issued a sexually oriented business license for one year after the date the denial became final. If, subsequent to the denial, the City Clerk finds that the basis for the denial has been corrected or abated, the applicant may apply for and be granted a license if at least 90 days have elapsed since the date the denial became final.
(3) The City Clerk, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The Chief of Police's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this article and obtained possession of the license.
(4) The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
Each license expires one year from the date of issuance, except that a license issued pursuant to a locational restriction expires on the date the exemption expires. A license may be renewed only by making application as provided in §
126-26. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected by the pendency of the application.
The City Clerk, upon recommendation of the Police Chief, the Fire Chief, or the Building Official, may suspend a license for a period not to exceed 30 days if he or she determines that a licensee or an employee of a licensee has:
A. Violated or is not in compliance with any provision of this article;
B. Refused to allow an inspection of the sexually oriented business premises as authorized by this article; or
C. Knowingly permitted gambling by any person on the sexually oriented business premises.
After receipt of notice of suspension, revocation, or denial of renewal of a sexually oriented business license, the licensee shall, on or before the date specified in the notice, discontinue operating the sexually oriented business and surrender the license to the City Clerk.
A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
A violation of any provision of this article shall be a misdemeanor, punishable as provided in Chapter
1, General Provisions, Article
I.