The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other matter which are
distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
ADULT CLUB
An establishment having as a substantial or significant portion
of its activities or entertainment persons performing in a manner
distinguished by an emphasis on matter depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT ENTERTAINMENT ESTABLISHMENT
An establishment offering activities or goods or providing
services where employees, entertainers or patrons engage in sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATER
An establishment used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT USE
An establishment, a building or portion thereof, or a use
of land having a substantial or significant portion of its business
activity, stock-in-trade, or other matter or materials for sale, rental,
distribution or exhibition which are distinguished or characterized
by their emphasis on depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, including
but not limited to the following: adult bookstore; adult club; adult
entertainment establishment; adult motion-picture theater; adult paraphernalia
store; adult video store.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion
of its stock-in-trade videos, movies or other film materials which
are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
MEDICAL FACILITY
A medical establishment providing medical or surgical care,
counseling or treatment for persons in need.
STRUCTURE
Shall mean only a building and shall not include access roads,
parking lots, signs, fences, detached walls, or any other portion
of a lot on which the structure is located.
SUBSTANTIAL OR SIGNIFICANT PORTION
Any of the following:
A.
Twenty percent or more of the business inventory or stock of
merchandise for sale, rental, distribution or exhibition during any
period of time;
B.
Twenty percent or more of the annual number of gross sales,
rentals or other business transactions;
C.
Twenty percent or more of the annual gross business revenue;
or
D.
Twenty percent or more of the hours during which the establishment
is open.
YOUTH FACILITY
Any facility or outdoor area where a substantial portion
of its use or programs are devoted to or offered for activities or
recreation for minors, regardless of whether the facility is public
or private. Such facilities include, but are not limited to, playgrounds,
swimming pools, libraries or day-care facilities.
It is the purpose and intent of this division to address and
mitigate the secondary effects of the adult uses and sexually oriented
businesses referenced in this division, since such secondary effects
have been found as a result of numerous studies, and after other public
input, to include increased crime, adverse impacts on public health,
adverse impacts on the business climate of the City, adverse impacts
on the property values of residential and commercial properties, and
adverse impacts on the quality of life in the City, all of which secondary
impacts are adverse to the health, safety and general welfare of the
City and its inhabitants. The provisions of this division have neither
the purpose nor the intent of imposing a limitation or restriction
on the content of any communicative matter or materials, including
sexually oriented matter or materials. Similarly, it is not the purpose
or intent of this division to restrict or deny access by adults to
adult uses and to sexually oriented matter or materials protected
by the Constitution of the United States of America and of the commonwealth,
or to restrict or deny rights that distributors or exhibitors of such
matter or materials may have to sell, rent, distribute or exhibit
such matter or materials. Neither is it the purpose or intent of this
division to legalize the sale, rental, distribution or exhibition
of obscene or other illegal matter or materials or rights that distributors
or exhibitors of such matter or materials may have to sell, rent,
distribute or exhibit such matter or materials.
If any provision of this division shall be determined invalid
by a court of competent jurisdiction or otherwise, the remaining provisions
of this division not manifestly inseparable from the invalid provision
shall remain in full force and effect.
Any change, expansion, alteration or extension of an adult use
or structure lawfully in existence prior to the adoption of this division
shall not be allowed without meeting all requirements of this division.
In those districts which permit adult use, a special permit
shall be required for any such adult use, to be granted by the Zoning
Board of Appeals pursuant to MGL c. 40A, § 9A.
If the adult use allows for the showing of films or videos within
the premises, the booths in which the films or videos are viewed shall
not be closed off by curtains, doors or screens. All booths must be
able to be clearly seen from the center of the establishment.
Adult businesses shall comply with all the following development
and performance standards:
A. Advertisements. Advertisements, displays or other promotional materials
for an adult business depicting or describing matter which is distinguished
or characterized by its emphasis depicting or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, shall
not be shown or exhibited so as to be visible from other areas open
to the general public.
B. View into interior. All building openings, entries and windows for
an adult entertainment business shall be located, covered or screened
in such a manner as to prevent a view into the interior of an adult
business from any area open to the general public.
C. Posting of notice prohibiting minors. All entrances to an adult entertainment
business shall be clearly and legibly posted with a notice indicating
that minors are prohibited from entering the premises.
D. Sound equipment. No loudspeakers or sound equipment shall be used
by an adult entertainment business for the amplification of sound
to a level discernible by the public beyond the walls of the building
in which the adult entertainment business is conducted.
E. Hours. An adult entertainment business shall not remain open for
business, or permit any employee to engage in a performance, solicit
a performance, make a sale, solicit a sale, provide a service or solicit
a service, between the hours of 1:00 a.m. and 10:00 a.m. of any particular
day. These hours of operation may be further restricted in the conditions
approving a special use permit for an adult entertainment business.