The purpose of this chapter is to regulate adult-oriented establishments
in order to protect, preserve and promote the health, safety and welfare
of the city's citizens. This chapter is intended to preserve
the character, the order, and prevent the deterioration of the city's
neighborhoods. The objective of the city is to maintain property values
and ensure sanitary and safe public places. The provisions of this
chapter have neither the purpose nor the effect of imposing a limitation
nor restriction of any communicative materials, including sexually
oriented materials. Similarly, it is not the intent nor effect of
the city to restrict nor to 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.
For the purpose of this chapter, the following words and phrases
shall mean:
ADULT BOOKSTORE
A commercial establishment having more than 40% of its square
footage and/or stock and trade in books, films, photographs, tapes,
periodicals, video cassettes, magazines or other printed materials
which are distinguished or characterized by their emphasis on matters
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas," as defined herein, and in conjunction
therewith has facilities for the presentation of adult entertainment,
as defined herein, and including adult-oriented films, movies or live
entertainment, for observation by patrons therein.
ADULT ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, live
performances, display or dance of any type which has as a substantial
or significant portion of such performance any actual or simulated
performance of "specified sexual activities" or exhibition and viewing
of "specified anatomical areas." It also includes any amusement machine
that is regularly used for presenting material distinguished or characterized
by an emphasis on matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined herein,
for observation by patrons thereof.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined herein,
for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined herein,
for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
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 wherein an entertainer provides adult
entertainment, or which premises 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,
when such adult entertainment is held, conducted, operated or maintained
for profit, direct or indirect. An "adult-oriented establishment"
further includes any premises that are physically arranged and regularly
used for adult entertainment whether advertised or represented as
an adult entertainment studio, dance floor, stage, exotic dance studio,
encounter studio, sensitivity studio, modeling studio or any other
term of like import.
BUFFER ZONES
A distance of three feet or more between the torso of the
entertainer and the patron.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented establishment.
ENTERTAINER
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 by an employee or independent contractor.
INSPECTOR
The Director of Health, the Chief of Police, the Fire Marshal,
their agent or representative, or any city employee designated to
make inspections for health, fire, building safety, public safety,
zoning purposes, violations of this chapter or for violations of other
laws and ordinances of the City of Norwalk.
MINOR
Shall be deemed to refer to a person under the age of 18
years.
OPERATOR
Any person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment.
REGULARLY USED
Used for the specified purposes more than eight hours per
week.
SEXUAL ACTIVITIES
As used in this chapter is not intended to include any medical
publications or films or bona fide educational publication or films,
nor does it include any art or photography publications which devote
25% of the lineage of each issue or articles and advertisements dealing
with subjects of art or photography. Nor does this definition apply
to any new 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.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region;
(3)
Female breast(s) below a point directly above the top of the
areola; and
B.
Human male genitals in a discernibly turgid state, even if completely,
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A.
Showing of human genitals in a state of sexual stimulation or
arousal;
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus; and
C.
Fondling or erotic touching of human genitals, pubic region,
buttock(s) or female breast(s).
Any denial, nonrenewal or revocation of a license that is sustained in a written decision, after hearing, as provided in §§
10-7A and
D, shall be automatically stayed for a fifteen-day period, during which any aggrieved person may file an appeal to the Superior Court for the Judicial District of Stamford/Norwalk, if the aggrieved person so chooses. In the event that an appeal is filed to the Superior Court any denial of a renewal of a license or revocation of a license shall be stayed during the period the appeal is pending, unless otherwise ordered by the Superior Court.
In addition to any fines or penalties imposed herein, this chapter
may be enforced by injunctive procedure in the Superior Court.
Should any court of competent jurisdiction declare any section,
clause or provision of this chapter to be unconstitutional, such decision
shall affect only the subject section, clause or provision so declared
unconstitutional and shall not affect any other section, clause or
provision of this chapter.
In construing this chapter, masculine or neuter pronouns shall
be substituted for those of feminine form and vice versa, and the
plural of the singular and the singular of the plural shall be substituted
in any case which the context may require.
This chapter shall be effective 10 days from its passage.