[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.
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 specified sexual activities or specified anatomical areas.
ADULT BUSINESS ESTABLISHMENT
A. 
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:
(1) 
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
(2) 
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.
B. 
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.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. 
Persons who appear in a state of nudity or seminudity; or
B. 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. 
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.
ESTABLISHMENT
Includes any of the following:
A. 
The opening or commencement of any sexually oriented business as a new business.
B. 
The conversion of an existing business, whether or not a sexually oriented business.
C. 
The additions of any sexually oriented business to any other existing sexually oriented business.
D. 
The relocation of any sexually oriented business.
E. 
The continued operation of any existing ABE, without license, 30 days after adoption of this chapter.
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals, female genitals or full female breast.
PERMITTEE or LICENSEE
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.
PERSON
An individual, proprietorship, corporation, association or other legal entity.
SEMINUDE
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.
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 two or more people when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult theater, sexual encounter center or adult business enterprise.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes 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 through C.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY ORIENTED BUSINESS
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.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A. 
The sale, lease or sublease of the business.
B. 
The transfer of securities which constitute a controlling interest in the business, 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 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.