[HISTORY: Adopted by the City Council of the City of Dover
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 56 of the 2013 Code.]
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The purpose of this article is to regulate the display of adult
books, magazines and videos for the purpose of sale/rental by placing
them out of view of minors.
The following are definitions of terms as used in this article:
Any book, pamphlet, magazine, video, printed matter or electronic
media, however reproduced, which contains any matter enumerated in
RSA 571-B:2, I(a), or explicit and detailed verbal descriptions or
narrative accounts of sexual conduct and which, taken as a whole,
is harmful to minors.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
That quality of any description or representation in whatever
form of sexual conduct when it:
Predominantly appeals to the prurient interest of minors in
sex, that is, an interest in lewdness or lascivious thoughts;
Depicts or describes sexual conduct in a manner so explicit
as to be patently offensive to contemporary adult standards in the
community with respect to what is suitable material for minors; and
Lacks serious literary, artistic, political or scientific value.
Having general knowledge of or reason to know or a belief
or ground for belief which warrants further inspection or inquiry,
or both, as to the character and content of any material described
herein which is reasonably susceptible to examination by the defendant.
Any person under the age of 18 years.
Human masturbation, sexual intercourse, actual or simulated,
normal or perverted, or any touching of the genitals, pubic areas
or buttocks of the human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex or between
humans and animals, any depiction or representation of excretory functions,
any lewd exhibitions of the genitals, flagellation or torture in the
context of a sexual relationship. Sexual intercourse is simulated
when it depicts sexual intercourse which gives the appearance of the
consummation of sexual intercourse, normal or perverted.
Any person, firm or corporation knowingly offering for sale
adult books and/or magazines shall display them on shelves, book racks
or other display devices at a height of no less than 60 inches from
the floor level immediately in front of the display racks or shelves
or, in the absence of shelves or book racks, having a minimum shelf
height of 60 inches; adult books and magazines shall be displayed
on shelves behind the operator or the sales register or checkout counter,
and any adult book or magazine cover thereof containing pictures,
photographs or drawings of a person or portion of the human body,
which depicts sexual conduct and which, taken as a whole, is harmful
to minors, shall not be open to public view.
A.
Applicability. The following section shall apply to any video store
or other premises selling/renting adult videos, or adult magazines,
where the video cover or magazine cover depicting the adult material
as defined in RSA 571-B:2, I(a), is in open view or exposed in any
part of the store where minors are present on the premises.
(1)
Any video rental store renting adult videos as defined above shall be required to obtain a license and pay an annual fee as provided in the City Fee Schedule. The license application shall be in accordance with § 41-4B.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(2)
All adult sexual material as defined above shall be kept in an enclosed
room with a sign prohibiting minors. All such rooms shall not exceed
15% of floor space and shall be monitored and under the control of
the store in a manner to prevent minors from gaining access to the
room.
(3)
Any store which sells/rents adult videos/magazines as defined above
shall not display advertising signs/posters or other visual material
depicting adult sales on the premises.
B.
License required.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(1)
An application for a license must be made on a form provided by the
Dover Licensing Board. The application must be accompanied by a sketch
or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared but must be drawn to
a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches.
(2)
The applicant must be qualified according to the provisions of this
article and the premises must be inspected and found to be in compliance
with the law by the Building Official.
(3)
The Dover Licensing Board shall approve the issuance of a license
to an applicant within 30 days after receipt of an application unless
it finds one or more of the following to be true:
(a)
An applicant is under 21 years of age.
(b)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(c)
The premises to be used for the business has not been approved
by the Building Official as being in compliance with applicable laws
and ordinances.
(d)
The license fee required by this article has not been paid.
(e)
An applicant of the proposed establishment is in violation of
or is not in compliance with any of the provisions of this article.
(f)
The applicant has been convicted of an offense under RSA 632-a.
(4)
Fees. The annual fee for an adult bookstore/video store business
license is provided in the City Fee Schedule.
(5)
Expiration.
(a)
Each license shall expire one year from the date of issuance
and may be renewed only by making application as provided in this
section. Application for renewal should be made at least 30 days before
the expiration date, and when made less than 30 days before the expiration
date, the expiration of the license will not be affected.
(b)
When the Dover Licensing Board denies renewal of a license,
the applicant shall not be issued a license for one year from the
date of denial. If, subsequent to denial, the Dover Licensing Board
finds that the basis for denial of the renewal license has been corrected
or abated, the applicant may be granted a license if at least 90 days
have elapsed since the date denial became final.
(6)
Suspension. The Dover Licensing Board shall suspend a license for
a period not to exceed 30 days if it determines that a licensee or
an employee of a licensee has violated or is not in compliance with
any section of this article.
(7)
Revocation.
(a)
The Dover Licensing Board shall revoke a license if a cause of suspension in § 41-4B(6) occurs and the license has been suspended within the preceding 12 months.
(b)
The Dover Licensing Board shall revoke a license if it determines
that:
[1]
A licensee gave false or misleading information in the material
submitted to the Licensing Board during the application process.
[2]
A licensee or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises.
[3]
A licensee or an employee has knowingly allowed minors to access
the enclosed area on more than one occasion.
[4]
A licensee or an employee has knowingly operated the sexually
oriented business during a period of time when the licensee's license
was suspended.
[5]
A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or other sexual
conduct to occur in or on the licensed premises.
(c)
When the Dover Licensing Board revokes a license, the revocation
shall continue for one year, and the licensee shall not be issued
a sexually oriented business license for one year from the date revocation
became effective. If, subsequent to revocation, the Dover Licensing
Board finds that the basis for the revocation has been corrected or
abated, the applicant may be granted a license if at least 90 days
have elapsed since the date the revocation became effective.
(d)
After denial of an application, or denial of a renewal of an
application, or suspension or revocation of a license, the applicant
or licensee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction. The administrative
action shall be promptly reviewed by the court.
(8)
Transfer of license. A licensee shall not transfer his license to
another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
It shall be unlawful for any person, firm or corporation to knowingly display any adult book, magazine or video in a manner inconsistent with the provisions of § 41-3 of this article. In any enforcement action in any provision of this article, it shall not be necessary for the City to negate any exception, excuse, proviso, or exemption contained herein, and the burden of proof of any exception, excuse, proviso, or exemption shall be on the defendant. Any section of this article which does not specifically address or permit the display requirements as set forth by §§ 41-1 through 41-4 would require a two-thirds vote of approval by the City Council prior to an issuance of a license.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, firm or corporation violating any of the provisions
of this article shall be guilty of a violation and subject to a fine
as provided in the City Fine Schedule, no portion of which may be
suspended. The store's license shall be subject to suspension for
the first offense and revocation for a subsequent conviction.
If any section, subsection, or clause of this article shall
be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections, and clauses shall not be affected
thereby.
[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 132 of the 2013
Code.]
It is declared to be the purpose and intent of this article
to prohibit any commercial enterprise from presenting or engaging
in any obscene exhibitions for profit, to protect the public health,
safety, welfare and morals of the community, to promote the stability
of property values, and impose restrictions upon those activities
which increase crime and violence and are contrary to the morals of
the community. In recognition of the protections afforded to the citizens
under the First and Fourteenth Amendments, it is not the intent of
this article to inhibit freedom of speech or the press, rather to
protect the public order recognizing that those parts of a community
which become centers of immoral conduct frequently become places of
rowdiness, criminality, and indecent behavior.
It is unlawful for any person or commercial enterprise to engage
in, solicit, permit, promote or assist in any commercial enterprise
for an obscene exhibition.
As used in this article, the following terms mean:
Any business, corporation, association or natural person
established for pecuniary gain other than a theater.
To solicit, produce, direct, finance, physically participate
in, compensate others for, further the interest of, or be otherwise
involved with the proscribed conduct.
Any aural, visual or tactile performance, dramatization,
show or display which includes any amount of human, animal or animated
conduct, whether presented live or by way of mechanical reproduction,
sound recording, audio-visual cassette or tape, silhouette depiction
or by any other means.
Any conduct of a sexual nature which:
To the average individual applying contemporary community standards,
considered as a whole, appeals to the prurient interest;
Presents in a patently offensive manner actual or simulated
ultimate sexual acts, sodomy, bestiality, excretory functions, masturbation,
direct physical stimulation of unclothed genitals, flagellation or
torture in context of ultimate sexual acts, exhibition of the human
male or female genitals, pubic area, buttocks or the female breast
below the top of the nipple; and
Considered as a whole lacks serious literary, artistic, political
or scientific value.
To show, reveal, display or expose to any person.
Any building or hall designed primarily for showing motion pictures,
having a permanent movie screen and permanently fixed seats arranged
in such fashion as to allow spectators an unobstructed view of the
screen.
An open-air theater designed primarily for showing motion pictures,
having a permanent movie screen and permanent devices for broadcasting
movie soundtracks in motor vehicles.
Any playhouse, hall, or similar structure designed primarily
for legitimate artistic expression.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, firm or corporation violating any provision of this
article shall be fined as provided in the City Fine Schedule. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
