[Added by Ord. No. 1122, § 1, 6-19-2007]
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 City and to establish reasonable and uniform
regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City. 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 material
or sexual activities.
[Added by Ord. No. 1122, § 2, 6-19-2007]
Based on convincing documented evidence, studies, findings and
reports concerning the negative secondary effects of sexually oriented
businesses regarding both commercial and residential areas and the
nexus between sexually oriented businesses, obscene materials and
sexual exhibits and alcohol consumption, and illegal drug distribution
and use, the City Council finds:
1.
Sexually oriented businesses have negative secondary effects on the
existing businesses around them and the surrounding residential areas
adjacent to them, causing increased crime, the downgrading of property
values, the downgrading of adjacent neighborhoods making adjacent
neighborhoods significantly less attractive and less safe for raising
children and denigrating both residential life and commercial activity
for other types of businesses and sexually oriented businesses downgrade
the quality of life and fitness of property for other uses in areas
both immediate and adjacent to such businesses.
2.
The negative secondary effects of sexually oriented businesses are
increased when they are located in close proximity to each other and
when the service or consumption of alcohol is permitted at or near
such locations.
3.
Improper conduct involving sexual acts occurs at sexually oriented
businesses which provide private or semi-private booths or viewing
rooms for the viewing of films, videos or live performances.
4.
The findings noted above raise substantial governmental concerns
for the health, safety and welfare of the citizens of the City and
it is appropriate for the purpose of promoting and protecting the
health, safety and welfare of the citizens of the City particularly
the children of the community and those conducting general business
that reasonable regulations be enacted so as to address the substantial
governmental concerns to minimize and control the negative secondary
effects of sexually oriented businesses and thereby promote and protect
the health, safety and welfare of the citizens of the city, protect
the citizens from increased crime, preserve the value of property,
and preserve the quality of life and the quality and character of
surrounding neighborhoods for residential and commercial purposes.
5.
The enactment of reasonable regulations of sexually oriented businesses
which involve locational criteria, licensing criteria, operational
criteria, and the prohibition of alcohol and illegal substance use
are appropriate to address the substantial governmental concerns and
protect the health, safety and welfare of the citizens of the City.
6.
A reasonable licensing procedure and zoning requirements are appropriate
mechanisms to place the burden of reasonable regulations on the owners
of sexually oriented businesses and such a licensing procedure will
place an incentive on the owners to see that the sexually oriented
business is operated in a manner which is consistent with the health,
safety and welfare of patrons, employees and citizens of the City.
[Added by Ord. No. 1122, § 3, 6-19-2007]
For the purposes of this Chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
1.
ADULT ARCADE – 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 of "specified sexual activities" and/or "specified
anatomical areas."
2.
ADULT BOOKSTORE. ADULT VIDEO STORE OR ADULT NOVELTY STORE –
A commercial establishment which has a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial
section of its sales or display space for sale or rental, for any
form of consideration, any one or more of the following:
a.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, video reproductions, slides,
laser or compact discs, or other visual representations which are
characterized by their emphasis upon the exhibition or display of
"specified sexual activities" or "specified anatomical areas;" or
b.
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of the user or others.
c.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental or material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as an adult bookstore,
adult novelty store or adult video store. Such other business purposes
will not serve to exempt such commercial establishment from being
categorized as an adult bookstore, adult novelty store, 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" or if the business advertises the sale or rental of any such
material in a way that can be seen or heard from the outside of the
location.
3.
ADULT CABARET – A nightclub, bar, restaurant, or similar commercial
establishment which regularly features any of the following:
a.
Persons who appear in a state of nudity.
b.
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
c.
Films, motion pictures, video cassettes or video reproductions,
slides, laser or compact discs, or other visual representations which
are characterized by their emphasis upon the exhibition or display
of "specified sexual activities" or "specified anatomical areas."
4.
ADULT MOTEL – A hotel, motel or similar commercial establishment
which does any of the following:
a.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, compact discs 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.
b.
Offers a sleeping room for rent for a period of time that is
less than 10 hours.
c.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
5.
ADULT MOTION PICTURE THEATER – A commercial establishment where,
for any form of consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions are regularly shown
which are characterized by the or where the principal subject of depiction
or description is "specified sexual activities" and/or "specified
anatomical areas."
6.
ADULT THEATER – 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."
7.
EMPLOYEE, EMPLOY AND EMPLOYMENT – Describe and pertain to any
person who performs any service on the premises of a sexually oriented
business on a full-time, part-time or contract basis, regardless of
whether the person is denominated as an employee, independent contractor,
agent, or by another status. Employee does not include a person exclusively
on the premises for repair or maintenance of the premises, or for
the delivery of goods to the premises.
8.
ESCORT – 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.
9.
ESCORT AGENCY – 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.
10.
ESTABLISHMENT – Any of the following:
a.
The opening or commencement of any sexually oriented business
as a new business.
b.
The conversion of an existing business to a sexually oriented
business or from one type of sexually oriented business to another
type or types of sexually oriented business.
c.
The addition of any sexually oriented business to any other
existing sexually oriented business.
d.
The relocation of any sexually oriented business.
11.
INSPECTOR – Inspector or City Inspector shall mean the
Building Inspector for the City of Ralston.
12.
LICENSEE – A person in whose name a license to operate
a sexually oriented business has been issued but also includes the
individual listed as an applicant on the application for a license.
13.
NUDE MODEL STUDIO – A commercial establishment which regularly
features a person who appears in a state of nudity and is provided
to be observed, sketched, drawn, painted, sculpted, or photographed
by other persons who pay money or any form of consideration. Nude
model studio shall not include a proprietary school licensed by the
State of Nebraska; or a college, junior college or university supported
entirely or in part by public taxation; or a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college or university supported
entirely or partly by taxation.
14.
NUDE, NUDITY OR STATE OF NUDITY – The showing or depiction
of the human, post-pubertal male or female genitals, pubic area or
buttocks with less than a full opaque covering, the showing or depiction
of covered male genitals in a discernibly turgid state, or the showing
or depiction of the female breast with less than a full opaque covering
of any portion thereof below the top of the areolae of the nipple.
This definition shall include the entire portion of the human female
breast below the top of the areolae of the nipple, but shall not include
any portion of the cleavage of the human female breast exhibited by
a dress, blouse, shirt, leotard, bathing suit or other clothing.
15.
OPERATE OR CAUSE TO BE OPERATED – To cause to function
or to put or keep in a state of doing business. Operator means any
person on the premises of a sexually oriented business who is authorized
to exercise operational control of the business, or who causes to
function or who puts or keeps in operation, the business. A person
may be found to be operating or causing to be operated a sexually
oriented business regardless of whether or not that person is an owner,
part owner, or licensee of the business.
16.
PERSON – An individual, proprietorship, partnership, limited
liability company or partnership, corporation, association or other
legal entity.
17.
RESIDENTIAL – A single-family, two-family, or multiple
family use as defined in Ordinances of the City of Ralston.
18.
SEMI-NUDE – A state of dress in which clothing covers
no more than the genitals, pubic region, and the female breast below
the top of the areolae of the nipple, with other portions of the body
covered by supporting straps, material or devices. This definition
shall include the entire portion of the human female breast below
the top of the areolae of the nipple, but shall not include any portion
of the cleavage of the human female breast exhibited by a dress, blouse,
shirt, leotard, or bathing suit or other clothing.
19.
SEXUAL ENCOUNTER CENTER – A business or commercial enterprise
that offers for any form of consideration:
20.
SEXUALLY ORIENTED BUSINESS – An adult arcade, adult bookstore
or adult novelty store or adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, escort agency,
semi-nude model studio or sexual encounter center.
21.
SPECIFIED ANATOMICAL AREAS – The human, post-pubertal
male or female genitals, pubic area, or buttocks with less than a
full opaque covering, the male genitals in a discernibly turgid state
even if completely and opaquely covered, or the female breast with
less than a full opaque covering of any portion thereof below the
top of the areolae of the nipple.
22.
SPECIFIED SEXUAL ACTIVITIES.
a.
The fondling or other erotic touching of human genitals, pubic
area, buttocks or female breasts whether clothed or unclothed; or
b.
Acts whether actual or simulated, of human sexual intercourse,
oral copulation, masturbation, or sodomy; or
c.
Excretory functions as part of or in connection with any of
the activities set forth in subsections V1 through 2 above.
23.
SUBSTANTIAL ENLARGEMENT – The increase in floor area occupied
by the business by more than 25%, as the floor area exists on the
date this Chapter, takes effect or on the date of the issuance of
a sexually oriented business license.
24.
TRANSFER OF OWNERSHIP OR CONTROL.
a.
The sale, lease or sublease of the business; or
b.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
c.
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.
[Added by Ord. No. 1122, § 4, 6-19-2007]
Sexually-oriented businesses are classified as follows:
[Added by Ord. No. 1122, § 5, 6-19-2007]
1.
It is unlawful to establish, operate, or cause to operate, a sexually
oriented business without a valid license issued by the City for the
particular type of classification of business.
2.
An application for a license must be made to the Chief of Police
on a form provided by the Chief of Police.
3.
The applicant must meet all qualifications stated in this Chapter
before a license is issued and continuously thereafter during the
license term. The application shall require and the applicant shall
provide such information and documentation as is specified in this
Chapter.
4.
If a person who wishes to operate a sexually oriented business is
an individual, he must sign the application for a license as applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each officer, director, general partner,
managing partner or other person who will participate directly in
decisions relating to management of the business shall sign the application
for a license as applicant. Each applicant must meet the qualifications
as stated in this Chapter and each applicant shall be considered as
a licensee if a license is granted.
5.
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
a.
If the applicant is:
(1)
An individual, the individual shall state his or her legal name
and any aliases and submit proof that he or she is 21 or more years
of age;
(2)
A partnership or limited liability company, the partnership
or limited liability company shall state its complete name, and the
names of all partners or members, residence address and whether the
partnership or company is general or limited, a copy of the partnership,
LLC/LLP organizational agreement, if any, and verification of current
state registration, if any;
(3)
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation, the name,
capacity and address of all officers, directors and principal stockholders,
and the name of the registered corporate agent and the address of
the registered office for service of process.
b.
Name of business. If the applicant intends to operate the sexually
oriented business under a name other than that of the applicant, he
or she must state the sexually oriented business's name and submit
any registration documents.
c.
Whether the applicant has been convicted of a crime as specified
in subsection A7(a) of Section 17-107, and, if so, the crime, date,
place and jurisdiction.
d.
Whether the applicant has had a previous license or holds a
present license under this Chapter or other similar sexually oriented
business ordinances from another city or county and whether any license
has been denied, suspended or revoked in this or any other jurisdiction,
including the name and location of the sexually oriented business
for which the permit was denied, suspended or revoked, as well as
the date of the denial, suspension or revocation, and whether the
applicant has been a partner or member in a partnership or limited
liability company or an officer, director, or principal stockholder
of a corporation that is licensed under this Chapter or in another
jurisdiction or whose license has previously been denied, suspended
or revoked, including the name and location of the sexually oriented
business for which the license was denied, suspended or revoked as
well as the date of denial, suspension or revocation.
e.
Whether the applicant holds any other licenses under this Chapter
or operates other similar sexually oriented businesses in another
city or county and, if so, the names and locations of such other businesses.
f.
The classification of license for which the applicant is filing.
g.
The location of the proposed sexually oriented business, including
a legal description of the property, street address and telephone
number(s), if any.
h.
The applicant's mailing address and residential address.
i.
The applicant's driver's license number, social security number,
and state or federal issued tax identification number.
j.
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.
6.
A person commits a misdemeanor if he or she operates a sexually oriented
business without a valid license issued by the City for that particular
classification of business.
7.
The applicant must be qualified according to the provisions of this
Chapter and the premises must be inspected and found to be in compliance
with the law and this Chapter by the City of Ralston Inspector and
Ralston Police Department.
8.
The fact that a person possesses other types of State or County licenses
does not exempt him or her from the requirement of obtaining a sexually
oriented business license.
[Added by Ord. No. 1122, § 6, 6-19-2007]
1.
Upon receipt of an application for a sexually oriented business license,
the Chief of Police or designee shall conduct an investigation of
the applicant and application including a location inspection and
shall issue an investigation report.
2.
The Chief of Police or designee shall forward a copy of the application
and investigation report to the Building Inspector and the Building
Inspector shall inspect the location.
[Added by Ord. No. 1122, § 7, 6-19-2007]
1.
The City Inspector shall approve the issuance of a license to an
applicant within 30 days after receipt of an application unless he
or she finds one or more of the following to be true:
a.
An applicant is not then 21 or more years of age.
b.
An applicant is currently required to register pursuant to the
Nebraska Sex Offender Registration Act.
c.
An applicant or an applicant's spouse is overdue in his or her
payment to the City or County of fees, fines, or penalties assessed
against him or her or imposed upon him or her in relation to a sexually
oriented business.
d.
An applicant has failed to provide information reasonably necessary
for issuance of the license including all information requested on
the application form or has falsely answered a question or request
for information on the application form.
e.
The premises to be used for the sexually oriented business is
not in compliance with State or local building and zoning codes, rules
and regulations.
f.
The investigation, inspection and license fees required by this
Chapter have not been paid.
g.
An applicant has been convicted of a crime.
(1)
Involving:
(1)
Any of the following offenses as described in Nebraska
State Statutes:
(3)
Sexual assault or sexual assault of a child as
described in Nebraska State Statutes;
(4)
Solicitation of a child, or harboring a runaway
child as described in Nebraska State Statutes; or
(5)
Criminal attempt, conspiracy, or solicitation to
commit any of the foregoing offenses;
(2)
For which:
(1)
Less than five years have elapsed since the date
of conviction or the date of release from confinement for the conviction,
or the date of release from probation or parole, whichever is the
later date, if the conviction is a misdemeanor offense;
(2)
Less than 10 years have elapsed since the date
of conviction or the date of release from confinement for the conviction,
or the date of release from probation or parole, whichever is the
later date, if the conviction is a felony offense; or
(3)
Less than 10 years have elapsed since the date
of the last conviction or the date of release from confinement for
the last conviction, or the date of release from probation or parole,
whichever is the later date, if the convictions are of two or more
misdemeanors of the offenses listed in subsection A7(a) of Section
17-107.
2.
The fact that a conviction is being appealed has no effect on the
disqualification of the applicant under subsection A of this Section.
3.
An applicant who has been convicted of an offense listed in subsection
A7(a) above may qualify for a sexually oriented business license only
when the time period required by subsection A7(b) has elapsed and
all fines reference the criminal offenses have been fully paid.
4.
The City Inspector, upon approving the issuance of a sexually oriented
business license, shall cause to be sent to the applicant, by certified
mail, return receipt requested, written notice of that action and
that the applicant must pay the investigation/inspection and license
fees at the Office of the City Inspector at the City Administration
Building. The City Inspector's approval of the issuance of a license
does not authorize the applicant to operate a sexually oriented business
until the applicant has paid all fees required by this Chapter and
has obtained possession of the license. The City Inspector, upon denial
of the issuance of sexually oriented business license, shall cause
to be sent to the applicant, by certified mail, return receipt requested,
written notice of that action and the applicant can appeal such decision
to the City Council, in writing filed with the City Clerk, within
30 days of the date of denial. City Council will hear the appeal within
30 days from the date the written appeal is received. After hearing,
Council will affirm or reverse the decision of the City Inspector
within 30 days after conclusion of the hearing. The hearing will be
informal and rules of evidence do not apply. The applicant has the
right to be represented. In case of reversal, the license shall issue.
5.
The license, if granted, must state on its face the name of the person
or persons to whom it is granted, the expiration date, the address
of the sexually oriented business, and the classification for which
the license is issued. The license must be posted in a conspicuous
place at or near the entrance to the sexually oriented business so
that it may be easily read at any time.
6.
A sexually oriented business license shall issue for only one classification
and the applicant can operate a business for only one licensed location
in the City.
7.
The Police Department, Fire Department, and the City Inspector shall
complete their certification that the premises is in compliance or
not in compliance within 20 days of receipt of the application by
the Police Chief. The certifications of the Police Department and
Fire Department shall be promptly presented to the City Inspector.
[Added by Ord. No. 1122, § 8, 6-19-2007]
1.
The annual license fee for a sexually oriented business is $1,500.
2.
In addition to the annual license fee to be paid to the City Inspector
at license issue required by subsection A of this Section, an applicant
for an initial sexually oriented business license shall, at the time
of making application, pay a nonrefundable investigation fee of $250
for the City to conduct an investigation of the application and for
the City also to conduct inspections of the location to insure that
the proposed sexually oriented business is in compliance with the
locational and other restrictions set forth in Section 17-114.
[Added by Ord. No. 1122, § 9, 6-19-2007]
1.
An applicant, licensee, operator or employee shall permit representatives
of the City of Ralston Police Department, Fire Department, City Inspector,
and any other State, County or City agency in the performance of any
function connected with the enforcement of this Chapter or other applicable
laws, to inspect the premises of a sexually oriented business, for
the purpose of ensuring compliance with the law, at any time it is
occupied or open for business.
2.
An applicant, licensee or operator of a sexually oriented business
or his or her agent or employee commits a misdemeanor offense if he
refuses to permit an inspection of the premises by a representative
of an agency designated in subsection A of this Section at any time
it is occupied or open for business.
[Added by Ord. No. 1122, § 10, 6-19-2007]
1.
Each license shall expire one year from the date of issuance and
may be renewed only by making application as provided in this Chapter.
Application for renewal should be made at least 45 days before the
expiration date, and when made less than 45 days before the expiration
date, the expiration of the license will not be affected.
2.
A sexually oriented business license may be renewed only by making
application as provided in Section 17-105. Application for renewal
should be made at least 45 days before the expiration date, and when
made less than 45 days before the expiration date, the expiration
of the license will not be affected by the pendency of the application.
[Added by Ord. No. 1122, § 11, 6-19-2007]
1.
The City Inspector shall suspend a license for a period not to exceed
30 days if he or she determines that a licensee or an employee of
a licensee:
a.
Violated or is not in compliance with any section of this Chapter.
b.
Is required to register under the Nebraska Sex Offender Registration
Act.
c.
Engaged in or permitted or did not control excessive use of
alcoholic beverages on the sexually oriented business premises.
d.
Refused to allow an inspection of the sexually oriented business
premises as authorized by this Chapter.
e.
Knowingly permitted gambling by any person on the sexually oriented
business premises.
2.
Appeal of the decision of the City Inspector as to the existence
of or noncompliance with the above matters shall be made to the City
Council. Hearing will be informal and the rules of evidence shall
not apply. The hearing will occur within 15 days from the filing of
the appeal upon written notice mailed at least 10 days prior to the
hearing to the business address and applicant residence address as
it appears on the application which the licensee is to amend if the
residence address changes.
[Added by Ord. No. 1122, § 12, 6-19-2007]
1.
The City Council shall revoke a license if a cause of suspension
in Section 17-111 occurs and the license has been suspended within
the preceding 12 months.
2.
The City Council shall revoke a license if Council determines that:
a.
A licensee gave false or misleading information in the material
submitted during the application process;
b.
A licensee or an employee has knowingly allowed possession,
use or sale of controlled substances on the premises;
c.
A licensee or an employee has knowingly allowed prostitution
on the premises;
d.
A licensee or an employee knowingly operates the sexually oriented
business during a period of time when the licensee's license was suspended;
e.
A licensee has been convicted of an offense listed in subsection
A7(a) of Section 17-107 for which the time period required in subsection
A7(b) of Section 17-107 has not elapsed.
f.
On two or more occasions within a twenty-four-month period,
a person or persons committed an offense in or on the licensed premises
of a crime listed in subsection A7(a) of Section 17-107 for which
a conviction has been obtained and the person or persons convicted
were licensees or employees of the sexually oriented business at the
time the offenses were committed; or
g.
A licensee or an employee of the sexually oriented business
has knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or other sex act to occur in or on the licensed
premises. This subsection shall not apply to an adult motel unless
the licensee or employee knowingly allowed such sexual acts to occur
either in exchange for money or in a public place or within public
view.
3.
After revocation, the licensee shall not be issued a sexually oriented
business license for two years from the date revocation became effective.
If, subsequent to revocation, the City Council 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
revocation became effective and a corrective plan which addresses
the violation and assures that the violation will not occur again
is provided to Council. If the license was revoked under subsection
B5 above, an applicant may not be granted another license until the
appropriate number of years required under subsection A7(b) of Section
17-107 elapsed.
4.
The determination by the City Council as to the existence of or noncompliance
with the above matters shall be made in an open City Council session
after mailing notice of hearing time, place and date to the license
holder or its representatives 15 days in advance of said hearing,
stating that Council will consider revoking the license and the grounds
therefor. At said hearing, the license holder or its representatives
may present oral or written evidence in support of the continuance
of its license and may confront and question any witnesses or evidence
in opposition to the continuation of its license. Although rules of
evidence do not apply, any decision will be based on credible evidence
of violation of the requirements as stated herein.
[Added by No. Ord. 1122, § 13, 6-19-2007]
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 location designated in the
license.
[Added by Ord. No. 1122, § 14, 6-19-2007]
1.
No sexually oriented business shall be established, operated or caused
to be operated, in any zoning district other than a GC-General Commercial
zoning district as defined in the City of Ralston Zoning Ordinances.
2.
No sexually oriented business shall be established, operated or caused
to be operated, within 1,000 feet of:
a.
A church or other building primarily used for religious services
or associated church structure such as a parish or fellowship hall;
b.
A public or private educational facility including but not limited
to child day care facilities, nursery schools, preschools, home schools,
elementary schools, middle schools, high schools, special education
schools and community colleges. School includes the school grounds
and playgrounds;
c.
A property line of a lot devoted to a residential use, either
single or multiple family;
d.
A park;
e.
A hospital;
f.
Community recreation center;
g.
Public library;
h.
Facility for youth service such as youth center, boys or girls
club, scout, 4-H or other youth program meeting building.
3.
No sexually oriented business shall be established, operated, caused
to be operated or substantially enlarged, within 1,000 feet of another
sexually oriented business.
4.
For the purposes of Section 17-114B, 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 a part
of the premises where a sexually oriented business is conducted, to
the nearest property line of the premises of a use listed in Section
17-114B. The presence of any political subdivision boundary shall
be irrelevant for purposes of calculating and applying the distance
requirements of this Section.
5.
For purposes of subsection C of this Section, the distance between
any two sexually oriented businesses shall be measured in a straight
line, without regard to any intervening structures or objects, from
the closest exterior wall of the structure in which each business
is located.
[Added by Ord. No. 1122, § 15, 6-19-2007]
1.
Any sexually oriented business lawfully operating on May 15, 2007,
that is in violation of this Chapter shall be deemed a nonconforming
use. The nonconforming use will be permitted to continue for a period
not to exceed three 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 upon application
and issuance of a license.
2.
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the establishment of a Section
17-114B use, subsequent to the grant of the sexually oriented business
license, within 1,000 feet of the sexually oriented business. This
provision applies only to the renewal of a valid license, and does
not apply when an application for a license is submitted after a license
has expired, has not been continuously in effect, or has been revoked.
[Added by Ord. No. 1122, § 16, 6-19-2007]
1.
A person who operates or causes to be operated a sexually oriented
business, classified as an adult arcade, which exhibits on the premises
in a viewing room of 150 square feet or less of floor space a film,
video cassette, or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
a.
It is the duty of the owners and operator of the premises to
ensure that at least one employee is on duty and situated in each
manager's station at all times that any patron is present inside the
premises.
b.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any reason from at least
one of the manager's stations and all must be staffed when viewing
access is made available so that all areas other than restrooms are
supervised at all times viewing access is permitted. The supervision
required in this subsection must be by direct line of sight from the
manager's station.
c.
It shall be the duty of the owners and operator, and it shall
also be the duty of any agents and employees present in the premises,
to ensure that the view area specified in subsection A2 remains unobstructed
by any doors, walls, merchandise, display racks, or other materials
at all times and to ensure that no patron is permitted access to any
area of the premises which has been designated as an area in which
patrons will not be permitted in the application filed pursuant to
this Chapter.
d.
No viewing room may be occupied by more than one person at any
time.
e.
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons
are permitted access at an illumination of not less than one foot-candle
as measured at the floor level.
f.
It shall be the duty of the owners and operator and it shall
also be the duty of any agents and employees present in the premises
to ensure that the illumination described above is maintained at all
times that any patron is present in the premises.
2.
A person having a duty under subsection A above commits a misdemeanor
if he or she knowingly fails to fulfill that duty.
[Added by Ord. No. 1122, § 17, 6-19-2007]
1.
No person shall appear, in a sexually oriented business, in a state
of nudity or engage in or simulate specified sexual activities.
2.
No person shall appear, in a sexually oriented business, in a semi-nude
condition unless the person is an employee who, while semi-nude, shall
be at least six feet from any patron or customer and on a stage at
least two feet from the door.
3.
No employee shall, while semi-nude in a sexually oriented business,
solicit any pay or gratuity from any patron or customer, and no patron
or customer shall pay or give any gratuity to any employee while said
employee is semi-nude in a sexually oriented business.
4.
No employee shall, while semi-nude in a sexually oriented business,
touch a patron or customer or the clothing of a patron or customer.
[Added by Ord. No. 1122, § 18, 6-19-2007]
No sexually oriented business shall sell or serve alcohol and
no sexually oriented business shall permit the consumption of alcohol
on the premises of the sexually oriented business.
[Added by Ord. No. 1122, § 19, 6-19-2007]
No person under the age of 19 years shall be allowed on the
premises of a sexually oriented business and it is the licensee's
affirmative duty to enforce this minor age restriction through supervision
and verification by identification.
[Added by Ord. No. 1122, § 20, 6-19-2007]
No sexually oriented business may remain open at any time between
the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays and
1:00 a.m. and noon 12:00 p.m. on Sundays.
[Added by Ord. No. 1122, § 21, 6-19-2007]
1.
No licensee or employee of a licensee shall permit a person under
the age of 19 years of age to be present on its business premises,
which age limitation will be enforced by age verification by said
business.
2.
No sexually oriented business shall display posters, signs, depictions
or other visual representations outside walls or on any inside or
outside window which depict any of the following:
a.
Human sexual intercourse, masturbation or sodomy;
b.
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts;
c.
Less than completely and opaquely covered human genitals, buttocks,
or that portion of the female breast below the top of the areolae
of the nipple; or
d.
Human male genitals in a discernibly turgid state, whether covered
or uncovered.
3.
The windows and doors of a sexually oriented business will be tinted
to the extent that there is no view of the interior from the exterior
of the business.
Editor's Note: Section 17-122, Enforcement and Penalties, was
repealed by Ord. No. 1303. Prior history includes Ord. No. 1122.
