The Town Council finds:
The operation of adult-oriented businesses in the Town requires special regulation and supervision by the Town to protect, preserve and promote the health, safety and welfare of the patrons of such businesses, as well as the health, safety and welfare of the Town's residents. Further, protecting order and morality, preserving the character and preventing the deterioration of the Town's neighborhoods, promoting retail trade, maintaining property values, and ensuring sanitary and safe public places are desirable objectives of the community and its leaders.
The Town Council has reviewed the following materials and information regarding adult-oriented business:
Virginia Adult Use Study, dated March 1996, published by the Newport News Department of Planning and Development in the Newport News, Virginia;
A study called the "Adult Entertainment Businesses in Indianapolis," dated February 1984, which was conducted by the Department of Metropolitan Development, Division of Planning;
A study called the "Adult Entertainment Businesses in Oklahoma City: A Survey of Real Estate Appraisers," dated March 3, 1986, which was conducted by the City of Oklahoma City Community Development Department;
City of Renton v. Playtime Theatres, Inc., et al., 475 U.S. 41, 106 S. Ct. 925 (1986);
Police records from the Orange Police Department relating to calls to the VIP store in Orange, Connecticut, in 2003 and 2006;
Police records from the Southington Police Department relating to calls to other adult-oriented businesses in Southington;
Police records from the Hartford Police Department relating to calls to the VIP store in Hartford, Connecticut, in 2003, 2004, 2005, 2006, 2007 and 2010;
Expert opinion testimony as set forth in the expert witness disclosures in the case of Ten's Cabaret, Inc. v. City of New York, et al., Index No. 121197/02, Supreme Court of the State of New York, County of New York, dated March 2008;
Survey of Texas Appraisers, "Secondary Effects of Sexually Oriented Businesses on Market Values," by Connie B. Cooper, FAICP; Eric Damian Kelly, Ph.D., FAIC, and "Crime-Related Secondary Effects-Secondary Effects of Off-Site Sexually Oriented Businesses" by Richard McCleary, Ph.D., dated June 2008;
"Men's Behavior Toward Women After Viewing Sexually Explicit Films: Degradation Makes a Difference," Mulac, Jansma and Linz; Communication Monographs, Vol. 69, No. 4, December 2002, pp. 311-328;
"Crime Risk in the Vicinity of a Sexually Oriented Business: A Report to the Centralia City Attorney's Office" by Richard McCleary, Ph.D., dated February 28, 2004;
"Do 'Off Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence," McCleary and Weinstein, November 14, 2007;
"Men's Interaction with Women after Viewing Sexually Explicit Films. Does Degradation Make a Difference?" Jansma, Linz, Mulac and Imrich, Communication Monographs, Volume 64, March 1997;
Selected Craigslist postings in 2007 and 2008;
City of Milford Adult Use Ordinance; and
Town of Berlin Sexually Oriented Business Ordinance.
Statistics and studies performed by a substantial number of cities and towns in the United States indicate that:
Large numbers of persons, primarily male, frequent such adult-oriented businesses, especially those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called "adult" motion pictures, videotapes or live entertainment.
Such closed booths, cubicles, studios and rooms have been used by patrons, clients or customers of such adult-oriented businesses for the purpose of engaging in specified sexual activities.
Male and female prostitutes have been known to frequent such businesses in order to provide sex for hire to the patrons, clients or customers of such businesses within such booths, cubicles, studios and rooms.
Doors, curtains, blinds and other closures installed in or on the entrances and 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 specified sexual activities therein with prostitutes, other persons or by themselves, thereby promoting and encouraging prostitution and the commission of specified sexual activities which cause blood, semen, urine or other bodily secretion to be deposited on the floors and 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 such deposits.
Booths, cubicles, studios and rooms that are closed while they are in use often contain holes that have been cut or smashed out of the walls or other partitioning material. These holes permit the inhabitant of one booth, cubicle, studio or room to engage in specified sexual activities with the inhabitant of the adjoining booth, cubicle, studio or room. These holes promote and encourage specified sexual acts to occur between persons anonymously. Anonymous sexual contact poses a higher risk of spread of communicable diseases, including the AIDS virus, Hepatitis B and other sexually transmitted diseases. Further, the existence of such holes in booths, cubicles, studios and rooms at adult-oriented businesses provides an increased risk that blood, semen, urine or other bodily secretion will be deposited on the floors and 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 such deposits.
Specified sexual activities often occur at unregulated adult-oriented businesses that provide live adult entertainment. Specified sexual activities include sexual physical contact between employees and patrons of adult-oriented businesses and specifically include "lap dancing" or manual or oral touching or fondling of specified anatomical areas, whether clothed or unclothed. Such casual sexual physical contact between strangers may result in the transmission of communicable diseases, which would be detrimental to the health of the patrons and employees of such adult-oriented businesses.
The unregulated operation of adult-oriented businesses, including off-site adult businesses like adult bookstores, adult video stores and adult novelty stores, is associated with an increase in the incidence of sex-related crimes and other crimes and also has a disruptive effect on the surrounding neighborhood by causing excessive noise, parking problems, the presence of discarded adult-oriented material on residential lawns, and the performance of sexual acts in public places, as well as causing a deleterious effect on surrounding businesses and decrease in the value of surrounding property.
Adult-oriented businesses that operate in close proximity to each other further contribute to an increase in crime, lower property values, blight and the downgrading of the quality of life and value of property in the adjacent area, and adult-oriented businesses that operate within a short distance of schools, churches, parks, libraries and other public facilities negatively impact such places and have an adverse effect upon persons, particularly children, walking to and from such places.
The reasonable regulation and supervision of such adult-oriented businesses tends to discourage prostitution, other sex-related crimes, anonymous and high-risk sexual contact and unsanitary sexual activity, excessive noise and property devaluation, thereby decreasing the incidences of communicable diseases and sex-related crimes, all thereby promoting and protecting the health, safety and welfare of the employees and the members of the public who patronize such businesses and protecting the health, safety and property interests of a Town and its residents.
Location and zoning regulations alone do not adequately protect the public health, safety and welfare, and thus certain requirements with respect to the ownership, employees, facility, operation, advertising, hours of business and other aspects of the adult-oriented business are in the public interest.
The continued unregulated operation of such adult-oriented businesses is and would be detrimental to the health, safety and general welfare of the residents of the Town.
The Constitution and laws of the state grant to the Town powers, especially the police power, to enact reasonable legislation and measures to regulate and supervise adult-oriented businesses in order to protect the public health, safety and welfare.
It is the purpose and intent of the Town Council, in enacting this chapter, to regulate adult-oriented businesses to promote the health, safety and general welfare of the residents of the Town and to establish reasonable and uniform regulations of such businesses in order to reduce or eliminate the adverse secondary effects of such adult-oriented businesses, protect residents from increased crime, preserve the quality of life, preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of blight, and protect against the threat to public health from the spread of communicable and social diseases.
It is not the intent of the Town Council, in enacting this chapter, to deny to any person rights to speech protected by the United States or State Constitution, nor is it the intent of the Council to impose any additional limitations or restrictions on the content of any communicative materials, including sexually oriented films, videotapes, books or other materials. Further, by enacting this chapter, the Council does not intend to deny or restrict the constitutionally protected rights of any adult to obtain or view any sexually oriented materials under the United States or State Constitution, 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.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- ADULT ARCADE
- Any establishment where one or more still- or motion-picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
- ADULT BOOKS
- Any books, magazines, periodicals, pamphlets or other printed materials that depict, display or describe specified anatomical areas or specified sexual activities.
- ADULT CABARET
- Any nightclub, bar, restaurant or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
- A. Persons who appear nude or seminude;
- B. Live performances that are characterized by the exposure of specified anatomical areas; or
- C. Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
- A. Any exhibition of any adult-oriented motion picture, live performance, display or dance of any type that has as a significant or substantial portion of such performance any 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 customers, when such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect; or
- B. Any amusement machine that is regularly used for presenting material that is characterized by the depiction or description of specified anatomical areas or specified sexual activities for observation by patrons thereof.
- ADULT MINI MOTION-PICTURE THEATER
- Any enclosed building with a capacity of 50 or fewer persons, regularly used for showing films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities for observation by patrons therein.
- ADULT MOTEL
- A commercial establishment which offers public accommodations, for any form of consideration or gratuity, and provides patrons with closed-circuit television transmissions, images transmitted by computer, films, videocassettes, slides or other photographic reproductions which are characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas and which advertises the availability of this type of material by means of a sign(s) visible from a public right-of-way or by means of off-premises advertising in newspapers, magazines, leaflets, radio or television; offers a sleeping room for rent for a period of time less than 10 hours or allows a tenant or occupant to subrent a sleeping room for a time period of less than 10 hours; or defines itself as such by advertising as an adult-oriented business to the general public.
- ADULT MOTION-PICTURE THEATER
- Any enclosed building with a capacity of more than 50 persons, regularly used for showing films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities for observation by patrons therein.
- A. Instruments, devices, toys or paraphernalia that are designed for or marketed primarily for stimulating human genital organs, sexual arousal or sadomasochistic use;
- B. Instruments, devices, gag gifts; toys or paraphernalia that depict, display or are shaped in the form of specified anatomical areas;
- C. Oils, lotions, gels or creams that are designed for or marketed primarily for use upon specified anatomical areas and intended for stimulating human genital organs, sexual arousal or as an aid to enhance or promote specified sexual activities; and
- D. Supplements, vitamins or similar products designed or marketed for enlarging, extending or otherwise enhancing human male genitals or for stimulating, enhancing or extending male or female sexual arousal or libido.
- A. An adult arcade, adult-oriented store, adult cabaret, adult mini motion-picture theater, adult motion-picture theater, adult motel, adult theater, escort agency, massage parlor, nude model studio or sexual encounter establishment;
- B. 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, studios, rooms, compartments or stalls separate from the common areas of the premises for the purposes 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;
- C. Any adult entertainment studio or any premises that is 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; or
- D. Any establishment that advertises itself as an adult-oriented business to the general public.
- A. Any establishment having:
- (1) A substantial or significant portion of its stock-in-trade in adult books, adult videos or adult novelties, or any combination thereof;
- (2) Any portion of its stock-in-trade in adult books, adult videos or adult novelties and in conjunction therewith has rooms, designated areas or facilities for the presentation, observation or use by patrons of any item sold or rented in such establishment.
- B. For purpose of this definition, factors indicating that a "substantial or significant" portion of a business is devoted to the sale or rental of such items include, without limitation, any one or more of the following criteria:
- (1) Twenty percent or more of all inventory consists of such items at any time;
- (2) Twenty percent or more of the merchandise displayed for sale consists of such items at any time;
- (3) Twenty percent or more of the stock-in-trade consists of such items at any time;
- (4) Twenty percent or more of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) is devoted to such items at any time;
- (5) Twenty percent or more of the sales, measured in dollars over any consecutive ninety-day period, is derived from such items;
- (6) Twenty percent or more of the number of sales transactions, measured over any consecutive ninety-day period, is of such items; or
- (7) Twenty percent or more of the dollar value of all merchandise displayed at any time is attributable to such items.
- ADULT THEATER
- Any theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear nude or seminude or who appear in live performances that are characterized by the depiction or description of specified anatomical areas or specified sexual activities for observation by patrons therein.
- ADULT VIDEOS
- Films, motion pictures, videocassettes, DVDs, software, slides or other photographic reproductions that depict, display or describe specified anatomical areas or specified sexual activities.
- Any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.
- 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 business.
- Any person who provides adult entertainment within an adult-oriented business, whether or not a fee is charged or accepted for such entertainment and whether or not such entertainment is provided as an employee or independent contractor.
- Any person who, for any form of consideration, agrees or offers to act as a social companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
- ESCORT AGENCY
- Any person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
- The Town Manager, Chief of Police, Fire Marshal, Chief Building Official, Director of Health, Zoning Enforcement Officer, their agent or representative, or any Town or state employee designated to make inspections for public safety, fire code, building code, public health, zoning purposes, violations of this chapter, or for violations of other laws and ordinances of the Town or state.
- LICENSED PREMISES
- Any premises that requires an adult-oriented business license pursuant to this chapter, including any buildings, parking areas and all other portions of the property of which the licensee has control.
- Any person in whose name a license to operate an adult-oriented business has been issued, as well as the individual listed as an applicant on an application for a license.
- LIVE ADULT ENTERTAINMENT
- Any live performance by a person who appears nude or seminude or any live performance that is characterized by the exposure of specified anatomical areas.
- MASSAGE PARLOR
- Any establishment having a fixed business where any person engages in or carries on, or permits to be engaged in or carried on, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electric apparatus or appliance, with or without any supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. The definition of "massage parlor" shall not include the practice of massage:
- A. In any state-licensed hospital, nursing home, clinic, medical office or rehabilitation facility;
- B. By a state-licensed physician, surgeon, chiropractor, osteopath, physical therapist, or massage therapist;
- C. By any registered nurse, licensed practical nurse or technician working under the supervision of a state-licensed physician, surgeon, chiropractor, osteopath, physical therapist, or certified massage therapist who shall be present on the licensed premises during the time the service is rendered;
- D. By trainers for any amateur or professional athlete or athletic team or school athletic program; or
- E. By any state-licensed barber or beautician with regard to the massaging of the neck, face, scalp and hair for cosmetic or beautifying purposes.
- Any person who, for any form of consideration, performs massage activities as described in the previous definition of this section.
- Any person under the age of 18 years.
- NUDE MODEL STUDIO
- Any place where a person, for any form of consideration, regularly appears nude or seminude or displays specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. A nude model studio shall not include a modeling class operated by an accredited public or private school or college.
- Any person operating, owning, managing, conducting or maintaining an adult-oriented business.
- PRIVATE RECREATION AREA
- Any private business, whether for-profit or not-for-profit, intended to serve or attract clients, customers, or users under 18 years of age for the purpose of engaging in indoor or outdoor youth-oriented programs or activities, including but not limited to sports or fitness centers, martial arts, dance, gymnastics, music or art studios, indoor open or guided play areas, camps and the like.
- PUBLIC BUILDING
- Any building owned, leased or otherwise held by the United States, the state, the Town, any other town, any fire district, any school district, or any other agency or political subdivision of the United States or the state, which building is used for governmental purposes.
- PUBLIC PARK AND RECREATION AREA
- Public land that has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, golf course, basketball or tennis courts, pedestrian or bicycle paths, open space, wilderness areas, or similar public land within the Town that is under the control, operation or management of the Town, any other town or the state.
- Any public, private or parochial educational facility, including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, alternative schools, junior colleges, colleges and universities. "School" includes the school grounds, but does not include any facility used primarily for another purpose and only incidentally as a school.
- 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 ACTIVITIES
- 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 that 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 that 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 that describe and report different cultures and which, from time to time, publish or show photographs or depictions of nude or seminude persons while describing cultures in which nudity or seminudity is indigenous to the population.
- SEXUAL ENCOUNTER ESTABLISHMENT
- A business or commercial establishment that, for any form of consideration, offers a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas. A sexual encounter establishment shall not include an establishment where a state-licensed medical practitioner, psychologist, psychiatrist or similar professional person engages in medically approved and recognized sexual therapy.
- 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;
- C. Fondling or touching of another person's genitals, pubic region, buttocks or female breasts;
- D. Lap dancing; or
- E. Excretory functions as part of or in connection with any of such activities.
Any licensee, operator, employee or other person who violates any of the provisions of this chapter shall be subject to a fine for each such violation. Fines are listed in the Fine Schedule, § 37-2 of this Code, and posted on the Town of Southington website.
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.
In addition to any fines or penalties imposed in this section, this chapter may be enforced by injunctive procedure in the Superior Court. The Town may further recover from any violator any and all costs and fees, including reasonable attorney's fees, expended by the Town in enforcing the provisions of this chapter.
This chapter shall not preclude any additional enforcement action taken by any appropriate Town, state or federal official conducted pursuant to any applicable ordinance, regulation or law of the Town or state or the United States of America.
All remedies and penalties provided for in this section shall be cumulative and independently available to the Town, and the Town shall be authorized to pursue any and all remedies set forth in this section to the fullest extent allowed by law.