[HISTORY: Adopted by the Board of Selectmen of the Town of
Raymond 4-19-1999. Amendments noted where applicable.]
A.
Findings.
(1)
Sexually oriented businesses require special supervision in order
to protect and preserve the health, safety and welfare of the patrons
of such businesses, as well as the citizens of the communities where
they locate.
(2)
The Board of Selectmen finds that sexually oriented businesses are
frequently used for unlawful sexual activities, including prostitution
and sexual liaisons of a casual nature.
(3)
The concern over sexually transmitted diseases is a legitimate health
concern of the Town of Raymond which demands reasonable regulation
of sexually oriented businesses in order to protect the health and
well-being of the citizens.
(4)
Permitting and/or licensing is a legitimate and reasonable means
of accountability to ensure that operators of sexually oriented businesses
comply with reasonable regulations and to ensure that operators do
not knowingly allow their establishments to be used as places of illegal
activity or solicitation.
(5)
There is convincing documented evidence that sexually oriented businesses,
because of their very nature, have a deleterious effect on both the
existing businesses around them, causing increased crime and the downgrading
of property values.
(6)
It is recognized that sexually oriented businesses, due to their
nature, have serious objectionable operational characteristics, particularly
when they are located in close proximity to each other, thereby contributing
to urban blight and downgrading the quality of life in the adjacent
area.
B.
Intent and purpose.
(1)
The Town of Raymond desires to prevent these adverse effects and
thereby protect the health, safety and welfare of the citizenry; protect
the citizens from increased crime; preserve the quality of life; preserve
property values and character of surrounding neighborhoods; and deter
the spread of urban blight.
(2)
It is not the intent of this chapter to suppress any speech activities
protected by the First Amendment, but to enact a content-neutral ordinance
which addresses the secondary effects of sexually oriented businesses
as well as the health problems associated with such businesses.
(3)
It is not the intent of the Board of Selectmen to condone or legitimize
the distribution of the obscene material, and the Selectmen recognize
that state and federal law prohibits the distribution of obscene materials
and expects and encourages Town enforcement officials to enforce state
and federal obscenity statutes against any such illegal activities
in the Town of Raymond.
(4)
It is the purpose of this chapter to regulate sexually oriented-business
related activities to promote the public health and safety of the
citizens of the Town and to establish reasonable and uniform regulations
to promote public health and safety pursuant to the authority vested
in the Town by RSA 147.
(5)
The provisions of this chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent of this chapter to restrict or deny access by adults
to sexually oriented materials protected by the First Amendment nor
to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this chapter to condone or legitimize the distribution of
obscene materials.
Pursuant to this chapter, the following definitions shall apply
to sexually oriented businesses.
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 specified sexual activities or specified anatomical
areas.
Any business open to the public, including, but not limited
to, any bookstore, video store, newsstand, novelty store, nightclub,
bar, cabaret, amusement arcade, theater, sexual encounter center or
another business which:
Derives revenue from the sale, rental or viewing of live performances
or representations in any form involving displays or materials which
meet the definition of "harmful to minors" and/or "sexual conduct"
as set forth in RSA 571-B:1 et seq., and
Devotes more than 20% of the total display, shelf, rack, table,
stand or floor area for live performances or representations in any
form of display or material which meet the definition of "harmful
to minors" and/or "sexual conduct" as set forth in RSA 571-B:1 et
seq.
A business establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specific sexual activities or specific anatomical areas
and still be categorized as an adult business establishment (ABE).
Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult business establishment
so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe specified sexual activities or specified anatomical
areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
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.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business.
The additions of any sexually oriented business to any other
existing sexually oriented business.
The relocation of any sexually oriented business.
The continued operation of any existing ABE, without license,
30 days after adoption of this chapter.
The appearance of a human bare buttock, anus, male genitals,
female genitals or full female breast.
A person in whose name a permit or license to operate a sexually
oriented business has been issued, as well as the individual listed
as an applicant on the application for a permit or license.
An individual, proprietorship, corporation, association or
other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult theater, sexual encounter center or adult business
enterprise.
The male genitals in a state of sexual arousal or the vulva
or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor area occupied by the general business
area or the sexually oriented business portion by more than 25%, as
the floor areas exist on the date of the adoption of this chapter.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
A.
A license to operate shall be required for all adult business establishments.
B.
In order to be eligible to receive a license, an applicant must be
properly zoned, have an approved site plan by the Planning Board,
have a signed performance agreement, have paid all review fees, posted
any necessary securities, completely filled out the necessary permit
application and submitted the necessary license fee.
C.
License fees shall be set by the Board of Selectmen and are not prorated
or refundable.
D.
All licenses shall be renewed annually on April 1, regardless of
date of issue.
E.
The license shall be posted in plain view of customers at the payment
area.
A.
All areas shall be kept clean and free of debris, trash, used paper,
cloth or synthetic products.
B.
Any and all liquid, solid or semisolid substances or secretions shall
not be allowed to accumulate on any floor, wall, ceiling or other
surface or place.
C.
All viewing booths shall be open-front, without door or guard, and
designed to be occupied by one person at a time.
D.
Lighting in viewing areas shall not be less than five footcandles,
measured at 36 inches from the floor, in all walkways, hallways and
aisleways in proximity of viewing booths and not less than two footcandles,
measured at 36 inches from the floor, in viewing booths at all times.
Any noncompliance with this chapter shall be considered a violation
and subject to a fine of not more than $1,000 for each day such noncompliance
is found to exist.
The invalidity of any provision of this chapter shall not affect
the validity of any other provision of this chapter.
