GENERAL REFERENCES
Amusements — See Ch. 3.
Health and sanitation — See Ch. 10.
Massage parlors — See Ch. 13.5.
Licenses and miscellaneous provisions — See Ch. 15.
Zoning — See Appendix B.
[Ord. of 5-7-2007][1]
(a) 
Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or 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 material.
(b) 
Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Aldermen, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); and Charette v. Town of Oyster Bay, 2 Fed. Appx. 112 (2d Cir. 2001); Beal v. Stern, 184 F.3d 117 (2d Cir. 1999); Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1998); Marty's Adult World v. Town of Enfield, 20 F.3d 512 (2d Cir. 1994); Hickerson v. City of New York, 146 F.3d 99 (2d Cir. 1998); Casanova Entertainment Group, Inc. v. City of New Rochelle, 165 Fed. Appx. 72 (2d Cir. 2006); United States v. Kinzler, 55 F. 3d 70 (2d Cir. 1995); Gold Diggers, LLC v. Town of Berlin, 469 F. Supp. 2d 43 (D. Conn. 2007); Centerfolds, Inc. v. Town of Berlin, 352 F. Supp. 2d 183 (D. Conn. 2004); Derusso v. City of Albany, 205 F. Supp. 2d 16 (N.D.N.Y. 2002); Gammoh v. City of La Habra, 395 F. 3d 1114 (9th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane, 368 F. 3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F. 3d 702 (7th Cir. 2003); Andy's Rest. & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); Heideman v. South Salt Lake City, 165 Fed. Appx. 627 (10th Cir. 2006); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. Feb. 22, 2007); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Colacurcio v. City of Kent, 163 F.3d 545 (9th.Cir. 1998); Deja Vu of Nashville v. Metro. Govt of Nashville & Davidson County, 466 F.3d 391 (6th Cir. 2006); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas -1986; Indianapolis, Indiana — 1984; Garden Grove, California — 1991; Houston, Texas — 1983, 1997; Phoenix, Arizona — 1979, 1995-98; Chattanooga, Tennessee — 1999-2003; Los Angeles, California — 1977; Whittier, California — 1978; Spokane, Washington — 2001; St. Cloud, Minnesota — 1994; McCleary Report — 2004; Littleton, Colorado — 2004; Oklahoma City, Oklahoma — 1986; Dallas, Texas — 1997, 2004; Greensboro, North Carolina — 2003; Amarillo, Texas — 1977; New York, New York Times Square — 1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Board of Aldermen finds:
(1) 
Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, lewdness, public indecency, unsanitary conditions, potential spread of disease, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, blight, litter, and sexual assault and exploitation.
(2) 
Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.
(3) 
Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this chapter, exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this chapter are reasonably believed to be relevant to said secondary effects.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance of 9-11-1995, 3-4-1996 and 8-4-2003.
[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.
ADMINISTRATOR
The Police Chief or his/her designee.
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.
SUBSTANTIAL
At least 30% of the item(s) so modified.
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;
(b) 
Adult cabaret;
(c) 
Adult motion-picture theater;
(d) 
Seminude model studio;
(e) 
Sexual device shop;
(f) 
Sexual encounter center.
[Ord. of 5-7-2007]
(a) 
Business license. It shall be unlawful for any person to operate a sexually oriented business in the City without a valid sexually oriented business license.
(b) 
Employee license. It shall be unlawful for any person to be an "employee," as defined in this chapter, of a sexually oriented business in the City without a valid sexually oriented business employee license, except that a person who is a licensee under a valid sexually oriented business license shall not be required to also obtain a sexually oriented business employee license.
(c) 
Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the Administrator a completed application made on a form provided by the Administrator. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business license in person on behalf of the business. The application shall be signed as required by Subsection (d) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection (c), accompanied by the appropriate licensing fee:
(1) 
The applicant's full legal name and any other names used by the applicant in the preceding five years.
(2) 
Current business address or another mailing address for the applicant.
(3) 
Written proof of age, in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
(4) 
If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business.
(5) 
If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process.
(6) 
A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
(7) 
A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
a. 
Been declared by a court of law to be a nuisance; or
b. 
Been subject to a court order of closure or padlocking.
(8) 
An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations.
The information provided pursuant to this Subsection (c) shall be supplemented in writing by certified mail, return receipt requested, to the Administrator within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
(d) 
Signature. A person who seeks a sexually oriented business employee license under this section shall sign the application for a license. If a person who seeks a sexually oriented business license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks a sexually oriented business license is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented business shall sign the application for a license as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.
(e) 
The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the office of the Administrator on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order.
[Ord. of 5-7-2007]
(a) 
Business license. Upon the filing of a completed application for a sexually oriented business license, the Administrator shall immediately issue a temporary license to the applicant if the completed application is from a preexisting sexually oriented business that is lawfully operating in the City and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision of the City to deny or grant an annual license. Within 20 days of the filing of a completed sexually oriented business license application, the Administrator shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Administrator shall issue a license unless:
(1) 
An applicant is less than 18 years of age.
(2) 
An applicant has failed to provide information required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) 
The license application fee required by this chapter has not been paid.
(4) 
The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with the locational requirements of the City of Milford's Zoning Regulations.
(5) 
Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
a. 
Been declared by a court of law to be a nuisance; or
b. 
Been subject to an order of closure or padlocking.
(6) 
An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.
(b) 
Employee license. Upon the filing of a completed application for a sexually oriented business employee license, the Administrator shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision of the City to deny or grant an annual license. Within 20 days of the filing of a completed sexually oriented business employee license application, the Administrator shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Administrator shall issue a license unless:
(1) 
The applicant is less than 18 years of age.
(2) 
The applicant has failed to provide information as required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) 
The license application fee required by this chapter has not been paid.
(4) 
Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
a. 
Been declared by a court of law to be a nuisance; or
b. 
Been subject to an order of closure or padlocking.
(5) 
The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.
(c) 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time that the business is occupied by patrons or is open to the public. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.
[Ord. of 5-7-2007]
(a) 
The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be as follows: $250 for the initial fee for a sexually oriented business license and $100 for annual renewal; $150 for the initial sexually oriented business employee license and $50 for annual renewal.
[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) 
Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in this chapter.
(b) 
Application for renewal of an annual license should be made at least 90 days before the expiration date of the current annual license, and when made less than 90 days before the expiration date, the expiration of the current license will not be affected.
[Ord. of 5-7-2007]
(a) 
The Administrator shall issue a written notice of intent to suspend a sexually oriented business license for a period not to exceed 30 days if the sexually oriented business licensee has knowingly violated this chapter or has knowingly allowed an employee or any other person to violate this chapter.
(b) 
The Administrator shall issue a written notice of intent to suspend a sexually oriented business employee license if the employee has knowingly violated this chapter.
[Ord. of 5-7-2007]
(a) 
The Administrator shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee knowingly violates this chapter or has knowingly allowed an employee or any other person to violate this chapter and a suspension of the licensee's license has become effective within the previous twelve-month period.
(b) 
The Administrator shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:
(1) 
The licensee has knowingly given false information in the application for the sexually oriented business license or the sexually oriented business employee license.
(2) 
The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business;
(3) 
The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the sexually oriented business;
(4) 
The licensee knowingly or recklessly operated the sexually oriented business during a period of time when the license was finally suspended or revoked; or
(5) 
The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity to occur in or on the premises of the sexually oriented business.
(c) 
The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
(d) 
When, after the notice and hearing procedure described in this chapter, the City revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective.
[Ord. of 5-7-2007]
(a) 
When the Administrator issues a written notice of intent to deny, suspend, or revoke a license, the Administrator shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) by certified mail. The notice shall be directed to the most current business address or other mailing address on file with the Administrator for the respondent. Within 15 days of the postmark of the notice, the respondent may deliver to the hearing officer a written appeal that shall include a statement of reasons why the respondent believes the license should not be denied, suspended, or revoked. If a written appeal is not received by the hearing officer within said 15 days, the written intent to deny, suspend, or revoke a license shall become a final denial, suspension, or revocation five days after the fifteen-day period has expired.
(b) 
If the respondent timely files a written appeal per the above paragraph, then within five days of the receipt of the written appeal, the hearing officer shall notify respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding.
(c) 
Within 20 days of the receipt of respondent's written objection, the hearing officer shall conduct a hearing on the Administrator's written notice of intent to deny, suspend, or revoke the license. At the hearing, the respondent shall have the opportunity to present argument and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the Administrator's witnesses. The Administrator shall be represented by counsel and shall have the opportunity to present argument, present evidence and witnesses on his or her behalf, and cross-examine any of the respondent's witnesses. The hearing shall take no longer than two days, unless extended to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing.
(d) 
If the decision is to deny, suspend, or revoke the license, the decision shall become final on the 15th day after it is rendered, and the decision shall include a statement advising the respondent of the right to appeal or challenge such decision in any court of competent jurisdiction by any available procedure, including but not limited to any procedure provided by the Connecticut General Statutes, an application for a writ of certiorari or a writ of mandamus, a petition for temporary injunction, or an action for declaratory or injunctive relief pursuant to 42 U.S.C. § 1983. If the hearing officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the Administrator shall, contemporaneously with the issuance of the decision, immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the Administrator shall contemporaneously therewith issue the license to the applicant.
(e) 
If any court action challenging the hearing officer's decision is initiated, the hearing officer shall prepare and transmit to the court a transcript of the hearing within 10 days after receiving written notice of the filing of the court action. The hearing officer shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings.
(f) 
The following shall apply to any sexually oriented business that is lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the Administrator: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement of the denial, suspension, or revocation, the Administrator shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin the City's enforcement of this chapter.
[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]
(a) 
A person who operates or causes to be operated a sexually oriented business which exhibits in a booth or viewing room on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) 
Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and rest rooms, and shall designate all portions of the premises in which patrons will not be permitted. Rest rooms shall not contain equipment for displaying films, video cassettes, digital video discs, or other video reproductions. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
(3) 
The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
(4) 
It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.
(5) 
It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
a. 
That the occupancy of viewing rooms less than 150 square feet is limited to one person.
b. 
That sexual activity on the premises is prohibited.
c. 
That the making of openings between viewing rooms is prohibited.
d. 
That violators will be required to leave the premises.
e. 
That violations of these regulations are unlawful.
(6) 
It shall be the duty of the operator to enforce the regulations articulated in Subsection (5)a through d.
(7) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding rest rooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed 32 square feet of floor area. If the premises has two or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(b) 
It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
[Ord. of 5-7-2007]
(a) 
It shall be the duty of the operator of a sexually oriented business to: (a) post conspicuous signs stating that no loitering is permitted on such property; (b) designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 90 minutes or inspecting such property by use of video cameras and monitors; and (c) provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.
(b) 
It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(c) 
No sexually oriented business shall erect a fence, wall, or other barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.
[Ord. of 5-7-2007]
(a) 
A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be fined a definite sum not exceeding $90 for each such violation. Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one hour of time shall be considered a separate offense for each hour of violation.
(b) 
The City's legal counsel is hereby authorized to institute civil proceedings necessary for the enforcement of this chapter to prosecute, restrain, or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the City, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this chapter, or any of the laws in force in the City or to exempt anyone violating this code or any part of the said laws from any penalty which may be incurred.
[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.
[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.