[HISTORY: Adopted by the Town of Windsor Locks 2-9-1993. Amendments
noted where applicable.]
The legislative body of the Town of Windsor Locks, Connecticut
finds:
A.
There are a number of adult-oriented establishments located in the
Town of Windsor Locks which require special supervision from the Town's
public safety agencies in order to protect and preserve the health,
safety and welfare of the patrons of such establishments, as well
as the health, safety and welfare of the Town's citizens.
B.
Statistics and studies performed by a substantial number of cities
and towns in the United States indicate that:
(1)
Large numbers of persons, primarily male, frequent such adult-oriented
establishments, especially those which provide closed booths, cubicles,
studios and rooms for the private viewing of so-called "adult" motion
pictures and/or videotapes and/or live entertainment.
(2)
Such closed booths, cubicles, studios and rooms have been used by
patrons, clients or customers of such adult-oriented establishments
for the purposes of engaging in certain sexual acts.
(3)
Male and female prostitutes have been known to frequent such establishments
in order to provide sex for hire to the patrons, clients or customers
of such establishments within such booths, cubicles and rooms.
(4)
Doors, curtains, blinds and/or other closures installed in or on
the entrances and/or exits of such booths, cubicles, studios and rooms
which are closed while such booths, cubicles, studios and rooms are
in use encourage patrons using such booths, cubicles, studios and
rooms to engage in sexual acts therein with prostitutes and/or with
other members of the same sex, thereby promoting and encouraging prostitution
and the commission of sexual acts which cause blood, semen and urine
to be deposited on the floors and/or walls of such booths, cubicles,
studios and rooms, which deposits could prove detrimental to the health
and safety of other persons who may come into contact with deposits.
(5)
The reasonable regulation and supervision of such adult-oriented
establishments tends to discourage such sexual acts and prostitution,
and thereby promotes the health, safety and welfare of the patrons,
clients and customers of such establishments.
C.
The continued unregulated operation of adult-oriented establishments, including, without limitation, those specifically cited in Subsection A hereof, is and would be detrimental to the general welfare, health and safety of the citizens of Windsor Locks.
D.
The Constitution and laws of the State of Connecticut grant to the
Town powers, especially police power, to enact reasonable legislation
and measures to regulate and supervise adult-oriented establishments
as hereinafter defined in order to protect the public health, safety
and welfare.
E.
It is not the intent of this legislative body, in enacting this chapter,
to deny to any person rights to speech protected by the United States
and/or State Constitutions, nor is it the intent of this body to impose
any additional limitations or restrictions on the contents of any
communicative materials, including sexually oriented films, videotapes,
books and/or other materials. Further, by enacting this chapter, this
body does not intend to deny or view any sexually oriented materials
protected by the United States and/or State Constitutions, nor does
it intend to restrict or deny any constitutionally protected rights
that distributors or exhibitors of such sexually oriented materials
may have to sell, distribute or exhibit such materials.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any amusement machine that is regularly used for
presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as defined below, for observation by
patrons therein.
An establishment having a substantial or significant portion
of its stock and trade in books, films, videocassettes, or magazines
and other periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined below,
and in conjunction therewith has facilities for presentation of adult
entertainment, as defined below, and including adult-oriented films,
movies or live entertainment, for observation by patrons therein.
Any exhibition or any adult-oriented motion pictures, live
performance, display or dance of any type, which has as a significant
or substantial portion of such performance any actual or simulated
performance of specified sexual activities or exhibition and viewing
of specified anatomical areas, removal of articles of clothing or
appearing unclothed, pantomime, modeling, or any other personal services
offered to customers.
An enclosed building with a capacity of fewer than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined below,
for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined below,
for observation by patrons therein.
Includes, without limitation, adult bookstores, adult motion-picture
theaters, adult mini-motion-picture theaters and further means any
premises to which the public, patrons or members are invited or admitted
and which are so physically arranged as to provide booths, cubicles,
rooms, studios, compartments or stalls separate from the common areas
of the premises for the purpose of viewing adult-oriented motion pictures,
or wherein an entertainer provides adult entertainment to a member
of the public, a patron or a member, when such adult entertainment
is held, conducted, operated or maintained for a profit, direct or
indirect. An adult-oriented establishment further includes, without
limitation, any adult entertainment studio or any premises that are
physically arranged and used as such, whether advertised or represented
as an adult entertainment studio, rap studio, exotic dance studio,
encounter studio, sensitivity studio, modeling studio, or any other
term of like import.
Includes any machine which, upon the payment of a charge
or upon the insertion of a coin, slug, token, plate or disk, may be
operated by the public for use as a game, entertainment or amusement,
whether or not registering a score and whether or not electronically
operated, and shall include but not be limited to such devices as
pinball machines, skillball, mechanical grab machines, electronic
baseball, football, hockey or basketball machines, and all air-propelled
machines or games, pool tables, shooting games, any and all video
games and all other games, operations similar thereto under whatever
name they may be indicated, including video monitoring machines. This
definition shall not apply to those items generally described as jukeboxes
or billiard tables or pool tables in billiard or pool parlors solely
designated as such and permitted under the Zoning Ordinance.
The Director of the Department of Inspections and Permits
of the Town of Windsor Locks.
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of adult-oriented establishments.
Any person who provides entertainment within an adult-oriented
establishment as defined in this section, whether or not a fee is
charged or accepted for entertainment and whether or not entertainment
is provided as an employee or an independent contractor.
An employee of the Windsor Locks Public Health Department
authorized and designated by the Director of Health, or an employee
of the Department of Inspections and Permits, authorized and designated
by the Director of said Department, or an employee of the Windsor
Locks Fire Department, authorized by the Fire Marshal, to inspect
premises regulated under this chapter and to take the required actions
authorized by this chapter in case of violations being found on such
premises, and to require corrections of unsatisfactory conditions
found on said premises.
The Town Meeting of the Town of Windsor Locks, Connecticut.
A person under the age of 18 years.
Any person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment.
As used in this chapter, is not intended to include any medical
publications or films or bona fide educational publications or films
nor does it include any art or photography publications which devote
at least 25% of the lineage of each issue to articles and advertisements
dealing with subjects of art or photography; nor does this definition
apply to any news periodical which reports or describes current events
and which, from time to time, publishes photographs of nude or seminude
persons in connection with the dissemination of the news; nor does
this definition apply to publications or films which describe and
report different cultures and which, from time to time, publish or
show photographs or depictions of nude or seminude persons when describing
cultures in which nudity or seminudity is indigenous to the population.
No operator or employee of an adult-oriented establishment shall
allow or permit any minor to loiter in any part of such establishment,
including parking lots immediately adjacent to such establishment
used by patrons of such adult-oriented establishment.
A.
Every adult-oriented establishment doing business in the Town on
and after the effective date of this chapter shall be well lighted
at all times and be physically arranged in such a manner that the
entire interior portion of the booths, cubicles, rooms or stalls,
wherein adult entertainment is provided, shall be clearly visible
from the common areas of the premises. Visibility into such booths,
cubicles, rooms or stalls shall not be blocked or obscured by doors,
curtains, partitions, drapes, or any other obstruction whatsoever.
It shall be unlawful to install enclosed booths, cubicles, rooms or
stalls within adult-oriented establishments for whatever purpose,
but especially for the purpose of providing for the secluded viewing
of adult-oriented motion pictures, or other types of adult-oriented
entertainment.
B.
Upon the effective date of this chapter, the operator of each adult-oriented
establishment shall be responsible for and shall provide that any
room or other area used for the purposes of viewing adult-oriented
motion pictures or other types of live adult entertainment shall be
well lighted and readily accessible at all times and shall be continuously
open to view in its entirety. The 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 six footcandles as measured at the floor level. It shall
be the duty of the operator and its agents to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
A.
Every act or omission by an employee constituting a violation of
the provisions of this chapter shall be deemed the act or omission
of the operator if such act or omission occurs either with the authorization,
knowledge or approval of the operator, or as a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
B.
An operator shall be responsible for the conduct of all employees
while on the licensed premises, and any act or omission of any employee
constituting a violation of the provisions of this chapter shall be
deemed the act or omission of the operator for purposes of determining
whether the operator shall be subject to the penalties imposed by
this chapter.
All adult-oriented establishments shall be open to inspection
at all reasonable times by the Windsor Locks Police Department, inspectors
employed by the Town, or such other persons as the First Selectman
may designate.
A.
No adult-oriented establishment shall be permitted on a site that
is less than 500 feet from an area zoned residential.
B.
No adult-oriented establishment shall be permitted on a site that
is less than 1,000 feet from an existing adult-oriented establishment.
C.
No adult-oriented establishment shall be permitted on a site that
is less than 1,000 feet from a public park, playground, or other area
reserved for recreational use by the general public.
Upon the effective date of this chapter, the operator of each
adult-oriented establishment shall not operate or permit to be operated
any adult motion-picture theater or adult mini-motion-picture theater
within an adult-oriented establishment at any time except between
the hours of 5:00 p.m. and 10:00 p.m.
A.
Any person, partnership or corporation who or which is found to have
violated this chapter shall be fined a definite sum not exceeding
$100 for each such violation.
B.
Each violation of this chapter shall be considered a separate offense,
and any violation continuing more than an hour of time shall be considered
a separate offense for each hour of violation.
