[HISTORY: Adopted by the Town Board of the Town of Ogden 6-23-1993 by L.L. No. 3-1993 (Ch. 30 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
It is the purpose of this chapter to regulate sexually oriented
businesses, to promote the health, safety, morals and general welfare
of the citizens of the Town of Ogden and to establish reasonable and
uniform regulations to prevent the continued deleterious location
and concentration of sexually oriented businesses within the Town
of Ogden. The provisions of this chapter have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this chapter to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
is it the intent nor effect of this chapter to condone or legitimize
the distribution of obscene materials.
As used in this chapter, the following terms shall have the
meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time and where the images
so displayed are distinguished or characterized by the depicting or
describing specified sexual activities or specified anatomical areas.
That which stresses technical knowledge and proficiency,
cunning, ingenuity and subtlety in devising, inventing or executing
acts or displays which are characterized by the depicting of specified
sexual activities, states of nudity or exposure of anatomical areas.
[Added 12-13-1995 by L.L.
No. 9-1995]
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as "adult bookstore" or "adult video
store" so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe specified sexual activities or specified anatomical
areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A person who, for consideration, agrees or offers to act
as a 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.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented business.
The relocation of any sexually oriented business.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttocks, anus, male genitals,
female genitals or full female breast.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exists on date of enactment.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
A.
The following uses, as hereinbefore defined, shall be designated
adult uses:
B.
Adult uses shall be a permitted use in any Light Industrial District
only, provided that:
(1)
An adult use may not be operated within 500 feet of:
(3)
An adult use may not be operated in the same building, structure
or portion thereof containing another adult use.
(4)
For the purpose of this chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as part of the premises
where an adult use is conducted to the nearest property line of the
premises of a church or public or private elementary or secondary
school or child-care facility or to the nearest boundary of an affected
public park, residential district or residential lot.[2]
(5)
For purposes of Subsection B(4) of this section, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(6)
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, no one who is passing by an enclosed building
having a use governed by these provisions shall be able to visually
see any specified anatomical area or any specified sexual activity
by virtue of any display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.
A.
A person may operate an adult-use business only within the Light Industrial District of the Town of Ogden, in accordance with the provisions of this chapter and Chapter 300, Zoning, of the Code of the Town of Ogden.
B.
Prior to the commencement of any adult-use business or upon any transfer
of ownership or control, the premises must be inspected and found
to be in compliance with all laws, rules and regulations of the Health
Department, Fire Department and Town Code Enforcement Officer, Fire
Marshal and other code enforcement officials.
C.
The Health Department, Fire Department and Town Code Enforcement
Officer, Fire Marshal and other code enforcement officials shall complete
their certification that the premises is in compliance or not in compliance
within 20 days of the inspection of the premises by such officials.
The certification shall be promptly presented to the Town Code Enforcement
Officer.
D.
The Town Code Enforcement Officer shall suspend the right to conduct
such adult use for a period not to exceed 30 days if the officer determines
that the owner and/or operator or an employee of the owner and/or
operator has:
(1)
Violated or is not in compliance with any section of this chapter.
(2)
Engaged in excessive use of alcoholic beverages while on the adult-use
business premises.
(3)
Refused to allow an inspection of the adult-use business premises
as authorized by this chapter.
(4)
Knowingly permitted gambling by any person on the adult-use business
premises.
(5)
Knowingly allowed possession, use or sale of controlled substances
on the premises.
(6)
Knowingly allowed prostitution on the premises.
(7)
Knowingly allowed any act of sexual intercourse, sodomy, oral copulation,
masturbation or other sexual conduct to occur in or on the permitted
and/or licensed premises.
E.
An applicant or permittee and/or licensee shall permit representatives
of the Town Police Department, Health Department, Fire Department,
Building Department or other Town departments or agencies to inspect
the premises of an adult-use business for the purpose of ensuring
compliance with the law at any time it is occupied or open for business.
F.
Prior to any suspension, the Town Code Enforcement Officer shall
provide the owner and/or operator a notice with the grounds for the
suspension. The notice stating the grounds shall be provided to the
owner and/or operator in writing. The owner and/or operator has the
right to present its response to this notice to the Town Code Enforcement
Officer within 10 days of receipt of said notice. The response may
be made in person, orally or in writing. The Town Code Enforcement
Officer may not suspend the right to conduct such adult use until
15 days after the notice is given to the owner and/or operator or
until after receiving the owner's and/or operator's response,
whichever is sooner.
A.
Any adult-use business lawfully operating on the effective date of
this chapter that is in violation of the locational or structural
configuration requirements of this chapter shall be deemed a nonconforming
use. The nonconforming use will be permitted to continue for a period
not to exceed two years, unless sooner terminated for any reason or
voluntarily discontinued for a period of 30 days or more. Such nonconforming
uses shall not be increased, enlarged, extended or altered except
that the use may be changed to a conforming use. If two or more sexually
oriented businesses are within 1,000 feet of one another and otherwise
in a permissible location, the adult-use business which was first
established and continually operating at a particular location is
the conforming use and the later established business(es) is nonconforming.
B.
An adult-use business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the operation
of the adult-use business, of a church, public or private elementary
or secondary school or child-care facility, public park, residential
district or a residential lot within 500 feet of the adult-use business.[1]
A.
A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under § 300-20 of the Code of the Town of Ogden, or in the alternative, violation of this law may be enforced by injunction.
B.
The continuation of a violation of the provisions of this chapter
shall constitute, for each day the violation is continued, a separate
and distinct offense hereunder.
C.
Each violation of the provisions of this chapter shall subject the
owner and/or operator to a fine in the amount of $250 for each such
violation, in addition to any other penalties otherwise imposed hereunder.
D.
If any part or provision of this chapter or the application thereof
to any persons or circumstances shall be judged invalid, such judgment
shall be confined to the part or application adjudged to be invalid.
Such decision shall not affect the validity of the section as a whole
or any part thereof, other than the part so decided to be invalid.
