[Ord. of 5-7-2007]
For purposes of this chapter, the words and phrases defined
in the sections hereunder shall have the meanings therein respectively
ascribed to them unless a different meaning is clearly indicated by
the context.
ADULT BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment which, as one of its principal
business activities, offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals or
other printed matter, or photographs, films, motion pictures, video
cassettes, compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis upon the
display of specified sexual activities or specified anatomical areas.
A "principal business activity" exists where the commercial
establishment:
(a)
Has a substantial portion of its displayed merchandise which
consists of said items, or
(b)
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of said items; or
(c)
Has a substantial portion of the retail value of its displayed
merchandise which consists of said items; or
(d)
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration of said items; or
(e)
Maintains a substantial section of its interior business space
for the sale or rental of said items; or
(f)
Maintains an "adult arcade," which means 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 regularly maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are characterized
by their emphasis upon matter exhibiting specified sexual activities
or specified anatomical areas.
ADULT CABARET
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment, whether or not alcoholic beverages
are served, which regularly features persons who appear seminude.
ADULT MOTION-PICTURE THEATER
A commercial establishment where films, motion pictures,
videocassettes, slides, or similar photographic reproductions which
are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas are regularly shown
to more than five persons for any form of consideration.
BOARD
The Board of Aldermen of the City of Milford.
CHARACTERIZED BY
Describing the essential character or quality of an item.
As applied in this chapter, no business shall be classified as a sexually
oriented business by virtue of showing, selling, or renting materials
rated NC-17 or R by the Motion Picture Association of America.
CITY
City of Milford, Connecticut.
EMPLOY, EMPLOYEE, and EMPLOYMENT
Describe and pertain to any person who performs any service
on the premises of a sexually oriented business, on a full-time, part-time,
or contract basis, whether or not the person is denominated an employee,
independent contractor, agent, or otherwise. "Employee" does not include
a person exclusively on the premises for repair or maintenance of
the premises or for the delivery of goods to the premises.
ESTABLISH or ESTABLISHMENT
Means and 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, to any sexually oriented business; or
(c)
The addition of any sexually oriented business to any other
existing sexually oriented business.
HEARING OFFICER
An attorney, not otherwise employed by the City, who is licensed to practice law in Connecticut and retained to serve as an independent tribunal to conduct hearings under this Chapter
2.3.
INFLUENTIAL INTEREST
Any of the following: (1) the actual power to operate the
sexually oriented business or control the operation, management or
policies of the sexually oriented business or legal entity which operates
the sexually oriented business, (2) ownership of a financial interest
of 30% or more of a business or of any class of voting securities
of a business, or (3) holding an office (e.g., president, vice president,
secretary, treasurer, managing member, managing director, etc.) in
a legal entity which operates the sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual or individuals
listed as an applicant on the application for a sexually oriented
business license. In the case of an employee, it shall mean the person
in whose name the sexually oriented business employee license has
been issued.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, or the showing of the female breast with less than a fully
opaque covering of any part of the nipple and areola.
OPERATE or CAUSE TO OPERATE
To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually
oriented business who causes the business to function or who puts
or keeps in operation the business or who is authorized to manage
the business or exercise overall operational control of the business
premises. A person may be found to be operating or causing to be operated
a sexually oriented business whether or not that person is an owner,
part owner, or licensee of the business.
PERSON
Individual, proprietorship, partnership, corporation, association,
or other legal entity.
PREMISES
The real property upon which the sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including,
but not limited to, the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto,
under the ownership, control, or supervision of the licensee, as described
in the application for a sexually oriented business license.
REGULARLY
Means and refers to the consistent and repeated doing of
the act so described.
SEMINUDE or STATE OF SEMINUDITY
The showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the
breast at that point, or the showing of the male or female buttocks.
This definition shall include the lower portion of the human female
breast, but shall not include any portion of the cleavage of the human
female breasts exhibited by a bikini, dress, blouse, shirt, leotard,
or similar wearing apparel provided the areola is not exposed in whole
or in part.
SEMINUDE MODEL STUDIO
A place where persons regularly appear in a state of semi-nudity
for money or any form of consideration in order to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
other persons.
This definition does not apply to any place where persons
appearing in a state of seminudity did so in a modeling class operated:
(a)
By a college, junior college, or university supported entirely
or partly by taxation;
(b)
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
(c)
In a structure:
(1)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a seminude person is available
for viewing; and
(2)
Where, in order to participate in a class a student must enroll
at least three days in advance of the class.
SEXUAL DEVICE
Any three-dimensional object designed and marketed for stimulation
of the male or female human genitals, anus, female breast, or for
sadomasochistic use or abuse of oneself or others and shall include
devices such as dildos, vibrators, penis pumps, and physical representations
of the human genital organs. Nothing in this definition shall be construed
to include devices primarily intended for protection against sexually
transmitted diseases or for preventing pregnancy.
SEXUAL DEVICE SHOP
A commercial establishment that regularly features sexual
devices. Nothing in this definition shall be construed to include
any pharmacy, drugstore, medical clinic, or any establishment primarily
dedicated to providing medical or health care products or services,
nor shall this definition be construed to include commercial establishments
which do not restrict access to their premises by reason of age.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, purports to offer for any form of consideration,
physical contact in the form of wrestling or tumbling between persons
of the opposite sex when one or more of the persons is seminude.
SEXUALLY ORIENTED BUSINESS
An adult bookstore or adult video store, an adult cabaret,
an adult motion-picture theater, a seminude model studio, a sexual
device shop, or a sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Includes:
(a)
Less than completely and opaquely covered: human genitals, pubic
region; buttock; and female breast below a point immediately above
the top of the areola; and/or
(b)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
(a)
Any of the following specified crimes for which less than five
years elapsed since the date of conviction or the date of release
from confinement for the conviction, whichever is the later date:
(1)
Sexual assault or battery;
(2)
Prostitution, promoting prostitution, or keeping a house of
prostitution;
(3)
Public indecency or indecent exposure;
(4)
Sexual abuse of a child or child pornography;
(5)
Sale or distribution of controlled substances or illegal drugs
or narcotics;
(b)
Any attempt, solicitation, or conspiracy to commit one of the
foregoing offenses; or
(c)
Any offense in another jurisdiction that, had the predicate
act(s) been committed in Connecticut, would have constituted any of
the foregoing offenses.
SPECIFIED SEXUAL ACTIVITY
Any of the following:
(a)
Intercourse, oral copulation, masturbation or sodomy; or
(b)
Excretory functions as a part of or in connection with any of the activities described in Subsection
(a) above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Any of the following:
(a)
The sale, lease, or sublease of the business;
(b)
The transfer of securities which constitute an influential interest
in the business, whether by sale, exchange, or similar means; or
(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.
VIEWING ROOM
The room, booth, or area where a patron of a sexually oriented
business would ordinarily be positioned while watching a film, videocassette,
digital video disc, or other video reproduction.
[Ord. of 5-7-2007]
The classifications for sexually oriented businesses shall be
as follows:
(a) Adult bookstore or adult video store;
(c) Adult motion-picture theater;
[Ord. of 5-7-2007]
Sexually oriented businesses and sexually oriented business
employees shall permit the Administrator and his or her agents to
inspect, from time to time on an occasional basis, the portions of
the sexually oriented business premises where patrons are permitted,
for the purpose of ensuring compliance with the specific regulations
of this chapter, during those times when the sexually oriented business
is occupied by patrons or is open to the public. This section shall
be narrowly construed by the City to authorize reasonable inspections
of the licensed premises pursuant to this chapter, but not to authorize
a harassing or excessive pattern of inspections.
[Ord. of 5-7-2007]
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 sexually oriented business license application.
[Ord. of 5-7-2007]
Each previously-licensed sexually oriented business and sexually oriented business employee that is lawfully operating or employed on the effective date of this chapter may continue operation or employment, pursuant to this chapter, until the expiration of the annual license under which the business or employee is then operating. Upon the expiration of that previously-issued annual license, the business or employee must apply for a license under this Chapter
2.3 in order to continue operation or employment, as the case may be. All sexually oriented businesses shall have 90 days from the effective date of this Chapter
2.3 to conform their premises to the interior configuration requirements of this chapter.
[Ord. of 5-7-2007]
It is unlawful for a sexually oriented business operator to
knowingly violate the following regulations or to knowingly allow
an employee or any other person to violate the following regulations.
(a) It shall be a violation of this chapter for a patron, employee, or
any other person to knowingly or intentionally, in a sexually oriented
business, appear in a state of nudity, regardless of whether such
public nudity is expressive in nature.
(b) It shall be a violation of this chapter for a person to knowingly
or intentionally, in a sexually oriented business, appear in a seminude
condition unless the person is an employee who, while seminude, remains
at least six feet from any patron or customer and on a stage at least
18 inches from the floor in a room of at least 1,000 square feet.
(c) It shall be a violation of this chapter for any employee who regularly
appears seminude in a sexually oriented business to knowingly or intentionally
touch a customer or the clothing of a customer on the premises of
a sexually oriented business.
(d) It shall be a violation of this chapter for any person to knowingly
allow a person under the age of 18 years on the premises of a sexually
oriented business.
A sign in a form to be prescribed by the Administrator, and summarizing the provisions of Subsections (a), (b), (c), and (d), shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
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[Ord. of 5-7-2007]
This chapter does not impose strict liability. Unless a culpable
mental state is otherwise specified herein, a showing of a knowing
or reckless mental state is necessary to establish a violation of
a provision of this chapter. Notwithstanding anything to the contrary,
for the purposes of this chapter, an act by an employee that constitutes
grounds for suspension or revocation of that employee's license
shall be imputed to the sexually oriented business licensee for purposes
of finding a violation of this chapter, or for purposes of license
denial, suspension, or revocation, only if an officer, director, or
general partner, or a person who managed, supervised, or controlled
the operation of the business premises, knowingly or recklessly allowed
such act to occur on the premises. It shall be a defense to liability
that the person to whom liability is imputed was powerless to prevent
the act.
[Ord. of 5-7-2007]
In the event that a City official is required to act or to do
a thing pursuant to this chapter within a prescribed time, and fails
to act or to do such thing within the time prescribed, said failure
shall not prevent the exercise of constitutional rights of an applicant
or licensee. If the act required of the City official under this chapter,
and not completed in the time prescribed, includes approval of condition(s)
necessary for approval by the City of an applicant or licensee's
application for sexually oriented business license or a sexually oriented
business employee's license (including a renewal), the license
shall be deemed granted and the business or employee allowed to commence
operations or employment the day after the deadline for the City's
action has passed.
[Ord. of 5-7-2007]
This chapter and each section and provision of said chapter
hereunder, are hereby declared to be independent divisions and subdivisions
and, not withstanding any other evidence of legislative intent, it
is hereby declared to be the controlling legislative intent that if
any provisions of said chapter, or the application thereof to any
person or circumstance is held to be invalid, the remaining sections
or provisions and the application of such sections and provisions
to any person or circumstances other than those to which it is held
invalid, shall not be affected thereby, and it is hereby declared
that such sections and provisions would have been passed independently
of such section or provision so known to be invalid. Should any procedural
aspect of this chapter be invalidated, such invalidation shall not
affect the enforceability of the substantive aspects of this chapter.
[Ord. of 5-7-2007]
Any provision(s) in the City of Milford Code of Ordinances specifically
in conflict with any provision in this chapter is hereby deemed inoperative
and repealed.
[Ord. of 5-7-2007]
This chapter shall become effective after publication as provided
by law.