The Town Council finds:
A.
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.
B.
The Town Council has reviewed the following materials and information
regarding adult-oriented business:
(1)
Virginia Adult Use Study, dated March 1996, published by the Newport
News Department of Planning and Development in the Newport News, Virginia;
(2)
A study called the "Adult Entertainment Businesses in Indianapolis,"
dated February 1984, which was conducted by the Department of Metropolitan
Development, Division of Planning;
(3)
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;
(4)
City of Renton v. Playtime Theatres, Inc., et al., 475 U.S. 41, 106
S. Ct. 925 (1986);
(5)
Police records from the Orange Police Department relating to calls
to the VIP store in Orange, Connecticut, in 2003 and 2006;
(6)
Police records from the Southington Police Department relating to
calls to other adult-oriented businesses in Southington;
(7)
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;
(8)
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;
(9)
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;
(10)
"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;
(11)
"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;
(12)
"Do 'Off Site' Adult Businesses Have Secondary Effects?
Legal Doctrine, Social Theory, and Empirical Evidence," McCleary and
Weinstein, November 14, 2007;
(13)
"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;
(14)
Selected Craigslist postings in 2007 and 2008;
(15)
City of Milford Adult Use Ordinance; and
(16)
Town of Berlin Sexually Oriented Business Ordinance.
C.
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
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
D.
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.
E.
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.
F.
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.
G.
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:
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.
Any books, magazines, periodicals, pamphlets or other printed
materials that depict, display or describe specified anatomical areas
or specified sexual activities.
Any nightclub, bar, restaurant or similar commercial establishment,
whether or not alcoholic beverages are served, which regularly features:
Persons who appear nude or seminude;
Live performances that are characterized by the exposure of
specified anatomical areas; or
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.
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
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.
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.
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.
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.
Instruments, devices, toys or paraphernalia that are designed
for or marketed primarily for stimulating human genital organs, sexual
arousal or sadomasochistic use;
Instruments, devices, gag gifts; toys or paraphernalia that
depict, display or are shaped in the form of specified anatomical
areas;
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
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.
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;
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;
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
Any establishment that advertises itself as an adult-oriented
business to the general public.
Any establishment having:
A substantial or significant portion of its stock-in-trade in
adult books, adult videos or adult novelties, or any combination thereof;
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.
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:
Twenty percent or more of all inventory consists of such items
at any time;
Twenty percent or more of the merchandise displayed for sale
consists of such items at any time;
Twenty percent or more of the stock-in-trade consists of such
items at any time;
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;
Twenty percent or more of the sales, measured in dollars over
any consecutive ninety-day period, is derived from such items;
Twenty percent or more of the number of sales transactions,
measured over any consecutive ninety-day period, is of such items;
or
Twenty percent or more of the dollar value of all merchandise
displayed at any time is attributable to such items.
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.
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.
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.
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.
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.
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:
In any state-licensed hospital, nursing home, clinic, medical
office or rehabilitation facility;
By a state-licensed physician, surgeon, chiropractor, osteopath,
physical therapist, or massage therapist;
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;
By trainers for any amateur or professional athlete or athletic
team or school athletic program; or
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.
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.
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.
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 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.
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.
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.
Showing of human genitals in a state of sexual stimulation or
arousal;
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
Fondling or touching of another person's genitals, pubic
region, buttocks or female breasts;
Lap dancing; or
Excretory functions as part of or in connection with any of
such activities.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
