[R.O. 2014 §603.010; Ord. No. 1014 §1, 3-27-2003]
That a new category of City Business License is created known
as an "Adult Business".
[R.O. 2014 §603.020; Ord. No. 1014 §2, 3-27-2003]
The following definitions shall apply to the licensing and regulation
of adult businesses:
A commercial use having more than ten percent (10%) of its
floor area or stock-in-trade, books, photographs, pictures, magazines,
and other periodicals or materials which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
A business that involves any one (1) or more of the following:
A commercial use that involves one (1) or more of the following:
Dancers, go-go dancers, exotic dancers, male or female impersonators
or similar entertainers or any live entertainment and which excludes
minors or from which minors are prohibited by Statute or ordinance,
and whether or not any such business is licensed to sell alcoholic
beverages.
A nightclub, bar, restaurant, or similar use which regularly
features:
A person or persons in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas, or by specified sexual activities, including
topless or bottomless dancers, exotic dancers or strippers; or
Films, motion pictures, video cassettes or tapes, slides, cd
roms, dvds, internet or other photographic reproductions which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A commercial use that involves one (1) or more of the following:
Any building, use or part thereof in which is provided services
of which a principal feature or characteristics is the nudity or partial
nudity of any person.
Any premises or part thereof in which is provided, in pursuance
of a trade, calling, business or occupation, goods, including books,
magazines, pictures, slides, film, phonograph records, prerecorded
magnetic tape, cd rom, dvd, internet and other reading, viewing and
encounters, the principal feature of which is the nudity or partial
nudity of any person, or in respect of which the word "nude", "naked",
"topless", "bottomless", "sexy", or any other word or any picture
symbol or representation having like meaning or implication is used
in any advertisements.
Any premises or part thereof in which is provided, in pursuance
of a trade, calling, business or occupation, goods or services appealing
to or designed to appeal to erotic or sexual appetites or inclinations.
Adult cabaret or adult motion picture theater.
A commercial use which shall be in an enclosed building and
which presents motion picture films, video cassettes, television,
cd rom, dvd, internet, or any other such visual media distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
as hereinafter defined for observation by patrons therein.
A commercial use which has devoted more than ten percent
(10%) of its floor area or stock-in-trade to the sale, rental or any
form of consideration of any one (1) or more of the following: books,
magazines, periodicals or other printed matter, photograph, films,
motion pictures, video cassettes, video tapes, cd roms, dvds, internet
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas or instruments, devices
or paraphernalia which depicts specific anatomical areas or are designed
for use in connection with specific sexual activity.
Less than completely and opaquely covered human genitals,
pubic region, buttocks and female breast below a point immediately
above the areola and human male genitals in a discernibly erect state
even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal,
acts of human masturbation, sexual intercourse or sodomy, fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
[R.O. 2014 §603.030; Ord. No. 1014 §3, 3-27-2003]
The following license fees are hereby enacted:
Adult business license fee: $1,000.00 per year.
Adult business/entertainment operator license fee: $500.00 per
year.
Adult entertainment license fee: $500.00 per year.
Adult entertainer/server license fee: $250.00 per year.
[R.O. 2014 §603.040; Ord. No. 1014 §4, 3-27-2003]
Any person wishing to obtain an adult business license, adult
business/entertainment operator's license, or adult entertainment
license shall submit a business license application to the City Clerk.
[R.O. 2014 §603.050; Ord. No. 1014 §5, 3-27-2003]
A.
Adult
business licenses, adult entertainment licenses, adult business/entertainment
operator license, or adult entertainer/server's license shall not
be issued for:
1.
Businesses in conflict with the Zoning Ordinance, Building Code,
or any other requirements of the City.
2.
An applicant which has had an adult entertainment license revoked
or suspended in this City or any other City during the past five (5)
years.
3.
An adult business operator license for when intended to be used for
operating an unlicensed adult entertainment or adult business.
4.
Any applicant that has been convicted of a municipal ordinance violation
or diverted from prosecution on a municipal ordinance violation within
two (2) years immediately preceding the application where such municipal
ordinance violation involved sexual offenses, indecent exposure, prostitution
or sale of controlled substances or illegal drugs or narcotics.
5.
Any applicant providing false statements, fraudulent or untruthful
information on the application.
[R.O. 2014 §603.060; Ord. No. 1014 §6, 3-27-2003]
A.
The
following standards of conduct shall apply to this category of business
license:
1.
Certain acts prohibited.
a.
No employee, server or entertainer of an adult business shall perform
any specified sexual activities, wear or use any device or covering
exposed to view which stimulates any specified anatomical area, use
artificial devices or inanimate objects to perform or depict any of
the specified sexual activities as defined herein, or participate
in any act of prostitution.
b.
No employee, server or entertainer or patron of an adult business
shall knowingly touch, fondle or caress any specified anatomical area
of another person or knowingly permit another person to touch, fondle
or caress any specified anatomical area of such employee, server,
entertainer or patron, whether such specified anatomical areas are
clothed, unclothed or exposed.
2.
Operators. No owner, operator, manager, or other
person in charge of an adult business shall:
a.
Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon or consumed on the premises, unless a separate liquor
license has been issued for the business; or
b.
Knowingly allow or permit the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
or
c.
Knowingly allow or permit any person under the age of eighteen (18)
years of age to be in or upon the premises; or
d.
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or
e.
Knowingly allow or permit a violation of any local, State or Federal
law on the premises.
[R.O. 2014 §603.070; Ord. No. 1014 §7, 3-27-2003]
A.
Safeguards Against Public Display. Any anteroom, foyer,
partition or other physical barrier shall be provided on all customer
entrances of any building used for adult business that will insure
observation of the interior is obscured from viewing from the exterior
of the building. Windows shall obscure any view into the interior
of the building from the exterior. No adult business shall be conducted
on the exterior or in a manner that permits the observation of live
performances or media on the exterior.
B.
Closed Booth Or Room Prohibited. The interior of all adult
entertainment businesses shall be physically arranged in a manner
that the entire portions of any booths, cubicles, rooms or stalls
are visible from the common area. Only restrooms, dressing rooms,
office and storage rooms may be enclosed. Visibility shall not be
blocked or obscured by doors, curtains, drapes or any other obstruction.
C.
Ventilation And Sanitation Requirements. Buildings where
adult businesses are located shall be kept in a safe, sanitary condition.
Separate dressing rooms and restrooms for men and women shall be provided
and maintained in a sanitary condition in accordance with all local,
State and Federal requirements.
D.
Hours Of Operation. No adult entertainment business may
be open or in use between the hours of 1:30 A.M. and 9:00 A.M. On
any day other than Sunday, when the business may not be open between
the hours of 1:30 A.M. and 12:00 Noon.
E.
Lighting Required. The building and exterior of all adult
business shall be equipped with adequate lighting to illuminate every
place in which customers are permitted access at any time the building
is occupied by customers.
F.
Operators On Premises. A licensed adult business/entertainment
operator shall be on duty at any adult entertainment business at all
times the business is open. The name of the manager shall be conspicuously
posted at the business. It shall be the responsibility of the operator
to verify that any person who provides adult entertainment or works
as a server within the premises possesses a current a valid adult
entertainer's license or an adult entertainment server's license and
that such licenses are conspicuously posted.
G.
Notice Required. All adult entertainment businesses shall
have conspicuously displayed inside the main entrance of the building
a sign, on which uppercase letters shall be at least two (2) inches
high, and lowercase letters shall be at least one (1) inch high, which
shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF MARSHFIELD
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No persons under the age of eighteen (18) are permitted
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ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle or touch the breasts, pubic region, buttocks
or genitals of any employee, patron or other entertainer or to permit
any employee, patron or other entertainer to fondle, caress or touch
their breasts, pubic region, buttocks or genitals.
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CUSTOMERS ARE:
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in sexual conduct or solicitation for prostitution.
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H.
License On Display. A copy of the license for any adult
business shall be conspicuously posted at the business.
[R.O. 2014 §603.080; Ord. No. 1014 §8, 3-27-2003]
The Police Department shall be permitted to inspect said businesses
and enforce the provisions of this Chapter as necessary to insure
the business is complying with all applicable regulations and laws.
[R.O. 2014 §603.090; Ord. No. 1014 §9, 3-27-2003]
The license of any adult business not in compliance with this
Chapter may be revoked, suspended or renewal may be denied up to five
(5) years. Appeals of any suspension, revocation or denial may be
made to the Board of Aldermen.
