A.
No adult-oriented business shall be permitted on a site that is less
than 1,000 feet from any other site containing an adult-oriented business.
B.
No adult-oriented business shall be permitted on a site that is less
than 500 feet from any site containing a church, school, public building,
public park or recreation area, or private recreation area.
C.
No adult-oriented business shall be permitted on a site that is less
than 750 feet from any residentially zoned land, as defined in the
Town Zoning Regulations, or residential use on a site zoned B with
five or more residential units.
D.
No adult-oriented business shall be permitted within the same building,
structure or portion thereof that is used for residential purposes
or that contains another adult-oriented business.
E.
All distances contained in this section shall be measured by taking
the nearest straight line between the respective lot boundaries of
each site.
F.
Section 11-17 of the Town Zoning Regulations, as may be amended from
time to time, are hereby incorporated by reference as a part of this
chapter, and any violation of such regulations shall be deemed a violation
of this chapter.[1]
[1]
Editor's Note: The Town Zoning Regulations are on file and
available in the Planning Office and on the Town's website.
A.
Any adult-oriented business lawfully operating on the effective date of the ordinance from which this chapter is derived but in violation of § 185-10 shall be deemed a nonconforming use. No nonconforming use shall be increased, enlarged, extended or altered except to make it a conforming use.
B.
Any adult-oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the subsequent location of
any church, school, public building, public park or recreation area,
or private recreation area, within 500 feet of such business, or of
any residentially zoned land or site zoned B with five or more residential
units within 750 feet of such business. However, this subsection applies
only to the renewal of a valid license and does not apply to a license
application submitted after a license has expired or has been revoked.
C.
Any existing adult-oriented business on the effective date of the ordinance from which this chapter is derived shall submit an application for a license pursuant to § 185-4 and shall comply with all regulations herein within 60 days of the effective date of such ordinance. Otherwise, such existing adult-oriented business shall cease operations.
The following requirements shall apply to all adult-oriented
businesses within the Town:
A.
Generally.
(1)
No licensee, operator or employee of an adult-oriented business shall
perform or permit to be performed, offer to perform, or allow patrons
to perform any live performance or conduct featuring any specified
sexual activities on the licensed premises.
(2)
Every adult-oriented business shall comply with all applicable statutes,
codes, ordinances, laws and regulations, including, but not limited
to, the fire, building, health, and zoning codes of the Town and state.
(3)
Every adult-oriented business shall be physically arranged in such
a manner that the entire interior portion of any room or other area
used for the purpose of viewing adult books, adult videos or adult
novelties or other types of adult entertainment shall be clearly visible
from the common areas of the premises. Visibility into such areas
shall not be blocked or obscured by doors, curtains, partitions, drapes
or any other obstruction whatsoever. Such areas shall be readily accessible
at all times to employees and shall be continuously open to view in
their entirety. It shall be a violation of this chapter to install
enclosed booths, cubicles, rooms or stalls within adult-oriented businesses,
for whatever purpose, but especially for the purpose of providing
for the secluded viewing of adult-oriented motion pictures or other
types of adult entertainment.
(4)
Every adult-oriented business, including common areas, entryways,
parking areas, restrooms, and any room or other area used for the
purpose of viewing adult-oriented motion pictures or other types of
adult entertainment, shall be well-lighted. The entire 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 one footcandle as measured at the
floor or ground level. It shall be the duty of the operator and his
agents to ensure that such illumination is maintained at all times
that any patron is present on the premises.
(5)
No booths, cubicles, rooms or stalls used for the purpose of viewing
adult-oriented motion pictures or other types of adult entertainment
shall be occupied by more than one person at any one time. No holes
shall be allowed in the walls or partitions that separate each such
room from any adjoining room.
(6)
No adult-oriented business shall be conducted in such a manner that
permits the observation of any material depicting specified anatomical
areas or specified sexual activities from outside of the building
that houses the adult-oriented business.
(7)
No adult-oriented business shall advertise the availability at such
business of any activity that would be in violation of this chapter
or any state or federal law; nor shall any exterior sign, display,
decoration, show window or other advertising of such business contain
any material depicting, describing or relating to specified anatomical
areas or specified sexual activities.
(8)
No alcoholic beverage or other intoxicant shall be displayed, served,
ingested or sold on the premises of any adult-oriented business unless
permitted by the state. No licensee, operator or employee shall be
under the influence of any alcoholic beverage or other intoxicant
while working at an adult-oriented business. No patron who is under
the influence of any alcoholic beverage or other intoxicant shall
be allowed to enter any adult-oriented business.
(9)
No gambling shall be permitted by any person in any adult-oriented
business.
B.
Employees.
(1)
The licensee and operator shall be responsible for the conduct of
all employees while on the licensed premises. 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 licensee and operator,
when such licensee or operator knew or should have known of such act
or omission, for purposes of determining whether the operating license
shall be renewed, suspended or revoked and whether the licensee and
operator shall be subject to the penalties imposed by this chapter.
(2)
No licensee or operator shall knowingly employ in any adult-oriented business any person who, within 10 years of the commencement of such employment, has been convicted in this or any other state of any of the crimes specified in § 185-5C(9), regardless of the pendency of any appeal, or who is on the Connecticut Sex Offender Registry.
C.
Minors.
(1)
No licensee, operator or employee of an adult-oriented business shall
allow or permit any minor to enter into or in any way loiter in or
on any part of the licensed premises, purchase goods or services at
the licensed premises, or work at the licensed premises as an employee.
(2)
Every adult-oriented business shall display a sign outside each entrance
of such business bearing the words "Adult-Oriented Business. Persons
Under 18 Not Admitted" in legible letters between two and six inches
tall. If such business serves alcoholic beverages, then such sign
shall indicate that no person under the age of 21 shall be admitted.
In addition to the requirements contained in § 185-12, the following requirements shall apply to all adult-oriented businesses within the Town containing live adult entertainment:
A.
No person shall perform live adult entertainment for patrons of an
adult-oriented business except upon a stage at least 18 inches above
floor level and separated from any and all such patrons by a minimum
distance of four feet or as approved by the Liquor Division of the
State Department of Consumer Protection.
B.
Separate dressing room facilities for male and female entertainers
shall be provided that shall not be occupied or used in any way by
anyone other than such entertainers.
C.
No entertainer shall expose any specified anatomical areas to any
patron of an adult-oriented business either before or after a performance,
including, but not limited to, when such entertainer is entering or
exiting the stage.
D.
No entertainer, either before, during or after a performance, shall
have physical contact with any patron of an adult-oriented business
while on the licensed premises.
E.
No employee of any adult-oriented business shall engage in any live
adult entertainment while acting as a waiter, host or bartender for
such business.
In addition to the requirements contained is § 185-12, the following requirements shall apply to all massage parlors within the Town:
A.
Facility requirements.
(1)
Construction of rooms used for toilets, tubs, steam baths and showers
shall be waterproofed with approved waterproof materials.
(2)
Toilet facilities shall be provided in convenient locations. When
five or more persons of different sexes are on the premises at the
same time, separate toilet facilities shall be provided. Toilets shall
be designated as to the sex accommodated therein.
(3)
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
B.
Operating requirements.
(1)
Every portion of the massage parlor, including appliances and apparatus,
shall be kept clean and operated in a sanitary condition. Adequate
lighting shall be provided, and each room or enclosure where a massage
is administered shall have an illumination of not less than one footcandle
as measured at the floor level while such room or enclosure is occupied.
(2)
All employees of the massage parlor shall be clean and wear clean
outer garments, which use is restricted to the massage parlor. Provisions
for a separate dressing room for each sex must be available on the
licensed premises with individual lockers for each employee. Doors
to such dressing rooms shall open inward and shall be self-closing.
(3)
All employees and masseurs shall be modestly attired. Diaphanous,
flimsy, transparent, form-fitting or tight clothing is prohibited.
Clothing must cover the employee's or masseur's chest at
all times. Hemlines of skirts, dresses or other attire may be no higher
than three inches above the top of the knee.
(4)
All specified anatomical areas of patrons must be covered by towels,
cloth or undergarments when in the presence of any employee or masseur.
It shall be unlawful for any person in a massage parlor to expose
his specified anatomical areas to any other person or for any person
to expose the specified anatomical areas of another person.
(5)
It shall be unlawful for any person in a massage parlor to engage
in any specified sexual activities or to place his hand upon, to touch
with any part of his body, to fondle in any manner, or to massage
any specified anatomical areas of any other person.
(6)
All massage parlors shall be provided with clean, laundered sheets
and towels in sufficient quantity, which shall be laundered after
each use thereof and stored in an approved sanitary manner.
(7)
Wet and dry heat rooms, shower compartments and toilet rooms shall
be thoroughly cleaned each day business is in operation. Bathtubs
shall be thoroughly cleaned after each use.
(8)
No massage parlor shall place, publish or distribute or cause to be placed, published or distributed any advertising material that depicts any portion of the human body or contains any written text that would reasonably suggest to prospective patrons that any services are available other than those services described in § 185-2 or that employees or masseurs are dressed in any manner other than described in Subsection B(3) of this section.
(9)
All services enumerated in § 185-2 shall be performed in a cubicle, room, booth or area within the massage parlor, which cubicle, room, booth or area shall have transparent doors or walls so that all activity therein shall be visible from outside the same.
(10)
No massage parlor shall carry on, engage in, or conduct business
on Sunday nor on any other day before 8:00 a.m. or after 9:00 p.m.
(11)
A full schedule of service rates shall be posted in a prominent
place within the massage parlor in such a manner as to come to the
attention of all patrons. No charges other than the specified rates
for specified services shall be allowed, and all patrons shall be
notified of the full cost of services prior to the rendering of any
service.
