For the purpose of this chapter, the following words and phrases
shall have the meanings respectively prescribed to them by this section:
ADULT BOOKSTORE
An establishment having as a substantial portion of its stock-in-trade
books, magazines, films for sale or viewing on the premises by use
of motion-picture devices or any other coin-operated means, and other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified sexual activities,
or specified anatomical areas, or an establishment with a segment
or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers and/or
waitresses, strippers, male or female impersonators, or similar entertainers.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting motion pictures having
as a dominant theme material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
BODY SHOP OR MODEL STUDIO
Any public or private establishment which describes itself
as a body shop or model studio, or where, for any form of consideration
or gratuity, figure models who display specified anatomical areas
are provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons paying such consideration
or gratuity, or where, for any form of consideration or gratuity,
nude and seminude dancing, readings, counseling, sessions, body painting,
and other activities that present materials distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas are provided for observation
by or communication to persons paying such consideration or gratuity.
BUILDING STRUCTURE
Any structure or group of structures housing two or more
businesses which share a common entry, exit, wall, or frontage wall,
including, but not limited to, shopping centers, shopping malls, shopping
plazas, or shopping squares.
MASSAGE
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 other parts
of the human body or with the aid of any mechanical or electrical
apparatus or appliance with or without such supplementary aids as
rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions,
ointments, or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
any person, firm, association, or corporation engages in, or carries
on, or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage" of this section.
SPECIFIED ANATOMICAL AREAS
Any of the following conditions:
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region, or pubic hair;
(3)
Female breast below a point immediately above the top of the
areola; and
B.
Human male genitals in a discernibly turgid state, even if completely
covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following conditions:
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts or representations of acts of human masturbation, sexual
intercourse or sodomy, bestiality, oral copulation, or flagellation.
C.
Fondling or erotic touching of human genitals, pubic region,
buttocks, or female breast.
D.
Excretory functions as part of or in connection with any activities set forth in Subsections
A through
C above.
The following shall be considered adult uses for the purpose
of this chapter:
B. Adult motion-picture theater.
C. Adult mini-motion-picture theater.
D. Adult entertainment cabaret.
F. Body shop or model studio.
Adult uses shall be permitted subject to the following:
A. An adult use shall not be allowed within 500 feet of another existing
adult use.
B. An adult use shall not be located within 700 feet of any zoning district
which is zoned for :
(1) R1
Single-Family Detached Residence District;
(2) R2
Single-Family Detached Residence District;
(3) R3
Single-Family and Two-Family Residence District; or
(4) R4
Multiple-Family Residence District.
C. An adult use shall not be located within 500 feet of a preexisting
school or place of worship.
D. An adult use shall not be located in a building structure which contains
another business that sells or dispenses in some manner alcoholic
beverages.
E. Any adult use doing business at the time this chapter takes effect shall have one year from the effective date of this chapter to comply with the provisions of Subsections
A through
D, inclusive, of this section.
F. Any adult use doing business at the time this chapter takes effect
shall have 30 days from the effective date of this chapter to apply
for the issuance of an adult use license.
For the purpose of this chapter, measurements shall be made
in a straight line, without regard to intervening structures or objects,
from the property line of the adult use to the nearest property line
of another adult use, school, place of worship, or district zoned
for residential use.
[Amended by Ord. No. 04-17-00]
It shall be unlawful for any person to engage in, conduct, or
carry on, or to permit to be engaged in, conducted, or carried on,
in or upon any premises in the City, the operation of an adult use
as herein defined, without first having obtained a separate license
for such adult use from the City Clerk of the City of Mendota.
A. The following shall be considered exempt from this chapter:
(1) Physicians, osteopaths, physical therapists, chiropodists, chiropractors
or podiatrists licensed or registered to practice in this state while
performing such services in the practice of their respective professions.
(2) Registered nurses and licensed practical nurses who are licensed
to practice in this state while performing such services in their
usual duties.
(3) Barbers and cosmetologists duly licensed under the laws of this state
in the course of practice of their usual and ordinary vocation and
profession.
(4) Hospitals, clinics, nursing and convalescent homes and other similar
institutions dedicated to medical or nursing practices licensed under
the laws of this state where massages and baths may be given.
(5) Training rooms of public and private schools accredited by the State
Board of Education or approved by the division charged with the responsibility
of approving private occupational schools and training rooms of recognized
professional or amateur athletic teams.
(6) Massage therapists who have graduated from a massage therapy school
accredited by the state educational board or division charged with
the responsibility of approving private occupational schools, or from
a school with comparable approval or accreditation from another state
with transcripts indicating at least 500 hours of training in massage
therapy.
(7) Massage schools, defined as any establishment having as a course
of study in massage therapy approved by a nationally recognized massage
therapy association and providing at least 500 hours of instruction
of anatomy, physiology, practice of massage, theory of massage, hydrotherapy
and business practices.
B. Licensing.
(1) Unless the aforementioned services occur under the auspices of an
accredited, state-certified medical or health care facility, any individual
desiring to conduct these activities as business practices, as herein
defined, must first obtain a separate license for such from the City
Clerk of the City.
(2) Every applicant for a license to maintain, operate, or conduct the
aforementioned practices shall file an application in duplicate under
oath with the City Clerk upon a form provided by the City Clerk and
pay a nonrefundable filing fee in an amount set from time to time
by the City Council to the City Clerk, who shall issue a receipt for
said fee, which shall be attached to the application filed with the
City Clerk.
(3) Within 14 days after receiving the application, the City Clerk shall
notify the applicant that the application is granted, denied, or held
for further investigation. Such additional investigation shall not
exceed 30 days unless otherwise agreed to by the applicant. Upon conclusion
of such additional investigation, the City Clerk shall advise the
applicant in writing whether the application is granted or denied.
(4) Whenever an application is denied or held for investigation, the
City Clerk shall advise the applicant in writing of the reasons for
such action.
(5) Failure or refusal of the applicant to given any information relevant
to the investigation of the application or her or his refusal to appear
at any reasonable time and place for reexamination under oath regarding
said application or his or her refusal to submit to or cooperate with
any inspection or investigation required shall constitute an admission
by the applicant that he or she is ineligible for such license and
shall be grounds for denial thereof by the City Clerk.
An applicant for a license shall furnish the following information
under oath:
B. Written proof that the individual is at least 18 years of age.
C. The exact nature of the adult use to be conducted and the proposed
place of business and facilities thereto.
No adult use shall be conducted in any manner that permits the
observation of any material depicting, describing, or relating to
specified sexual activities or specified anatomical areas by display,
decoration, sign, show window, or other opening from any public way
or from any property not licensed as an adult use.
Every licensee shall display a valid license in a conspicuous
place within the adult use business so that the same may be readily
seen by persons entering the premises.
It shall be unlawful for any adult use licensee or his manager
or employee to employ in any capacity within the adult business any
person who is not at least 18 years of age.
No licensee nor any officer, associate, member, representative,
agent or employee of such licensee shall engage in any activity or
conduct or permit any other person to engage in any activity or conduct
in or about the licensed premises which is prohibited by any ordinance
of the City or law of the state or of the United States.
Any person who shall violate any of the provisions of this chapter shall be guilty of a violation. A person who is convicted shall be punished as set forth in Chapter
1, Article
III, Penalties and Enforcement, of the City Code.