[HISTORY: Adopted by the Board of Selectmen of the Town of Winchester 2-12-2000 (§ 179 of the prior compilation). Amendments noted where applicable.]
The Board of Selectmen of the Town of Winchester finds:
A. 
The operation of adult-oriented establishments requires special regulation and supervision by the Town to protect, preserve and promote the health, safety and welfare of the patrons, clients or customers and employees of such establishments, as well as the health, safety and welfare of the Town's citizens. Further, protecting order and morality, preserving the character, and preventing the deterioration of the Town's neighborhoods, avoiding blight, decreasing crime and juvenile delinquency, promoting retail trade, maintaining property values, and ensuring sanitary and safe public places are desirable objectives of the community and its leaders.
B. 
Statistics and studies performed by a substantial number of cities and towns in the United States indicate that:
(1) 
Large numbers of persons frequent such adult-oriented establishments, especially those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called adult motion pictures and/or videotapes and/or live entertainment; and
(2) 
Such closed booths, cubicles, studios and rooms have been used by patrons, clients or customers of such adult-oriented establishments for the purpose of engaging in specified sexual activities; and
(3) 
Male and female prostitutes have been known to frequent such establishments in order to provide sex for hire to the patrons, clients or customers of such establishments within such booths, cubicles, studios and rooms; and
(4) 
Doors, curtains, blinds and/or other closures installed or on the entrances and/or exits of such booths, cubicles, studios and rooms which are closed while such booths, cubicles, studios and rooms are in use encourage patrons, clients or customers using such booths, cubicles, studios and rooms to engage in specified sexual activities therein with prostitutes and/or with other persons and/or by themselves, thereby promoting or encouraging prostitution and the commission of specified sexual activities which cause blood, semen, urine or other bodily secretions to be deposited on the floors and/or walls of such booths, cubicles, studios and rooms, which deposits could prove detrimental to the health and safety of other persons who may come into contact with such deposits; and
(5) 
Booths, cubicles, studios and rooms which are closed while such booths, cubicles, studios and rooms are in use often contain holes that have been cut or smashed out of the walls or other partitioning material. These holes permit the inhabitant of one booth to engage in specified sexual activities with the inhabitant of an adjoining booth, cubicle, studio or room. These promote and encourage specified sexual acts to occur between persons anonymously. Anonymous sexual contact poses a higher risk of spread of communicable diseases, including the AIDS virus and Hepatitis B and other sexually transmitted diseases. Further, the existence of such holes in booths, cubicles, studios and rooms in an adult-oriented establishment provides an increased risk that blood, semen, urine and other bodily secretions will be deposited on the floors and/or walls of such booths, cubicles, studios and rooms, which deposits could prove detrimental to the health and safety of other persons who may come into contact with such deposits; and
(6) 
Specified sexual activities often occur at unregulated adult-oriented establishments which provide live adult entertainment, specified sexual activities, including sexual physical contact between employees and patrons, clients or customers of adult-oriented establishments, and specifically include lap dancing and/or manual or oral touching or fondling of specified anatomical areas, whether clothed or unclothed. Such casual, sexual physical contact between strangers may result in the transmission of communicable diseases which would be detrimental to the health of the patrons, clients or customers and employees of such adult-oriented establishments; and
(7) 
The unregulated operation of adult-oriented establishments is associated with an increase in the incidents of sex-related crimes and also has a disruptive effect on the surrounding neighborhood by causing excessive noise, parking problems, the presence of discarded sexually oriented material on residential lawns, and the performance of sexual acts in public places; and
(8) 
The reasonable regulation and supervision of such adult-oriented establishments tends to discourage prostitution, other sex-related crimes, anonymous high-risk sexual contact and/or high-risk unsanitary sexual activity, excessive noise and property devaluation, thereby decreasing the incidents of communicable diseases and sex-related crimes and thereby promoting and protecting the health, safety and welfare of the employees and the public who patronize such establishments and protecting the health, safety and property interests of the Town and its citizens.
C. 
The continued unregulated operation of adult-oriented establishments is and would be detrimental to the general welfare, health and safety of the citizens of Winchester. The Constitution and the laws of the State of Connecticut grant to the Town powers, especially police power, to enact reasonable legislation and measures to regulate and supervise adult-oriented establishments in order to protect the public health, safety and welfare.
D. 
It is not the intent of the Board of Selectman, in enacting this chapter, to deny any person rights to speech protected by the United States and/or State Constitutions, nor is it the intent of the Board of Selectman to impose any limitations or restrictions on the content of any communicative materials, including sexually oriented films, videotapes, books and/or other materials. Further, by enacting this chapter, the Board of Selectman does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States and/or State Constitution; nor does it intend to restrict or deny any Constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute or exhibit such materials.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT AMUSEMENT MACHINE
Includes any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities and specified anatomical areas, as defined below, for observation by patrons therein.
ADULT BOOKSTORE
An establishment having 10% or more of the value of its stock and trade in books, films or other video reproductions or magazines 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 as defined herein, and in conjunction therewith has facilities for the presentation of adult entertainment as defined herein and including adult-oriented films, movies, live entertainment for observation by patrons, clients or customers therein.
ADULT ENTERTAINMENT
Includes any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed in a modeling or any other personal services offered customers. It also includes any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons, clients or customers thereof.
ADULT MINI-MOTION-PICTURE THEATER
Any enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas as defined herein for observation by patrons, clients or customers therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons, clients or customers therein.
ADULT-ORIENTED ESTABLISHMENT
Includes, without limitation, adult amusement machine, adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters and further means any premises to which the public, patrons, clients or customers or members are invited or admitted and wherever an entertainer provides adult entertainment, or which premises are so visibly arranged as to provide booths, cubicles, rooms, studios, compartments or stalls, separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment when such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect, or not for profit. An adult-oriented establishment further includes without limitation any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment, rap studio, exotic dance studio and encounter studio, sensitivity studio, massage studio, modeling studio or any other term of like import.
CHIEF OF POLICE
The Chief of Police of the Town or his designated agent.
EMPLOYEE
Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented establishment as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not the entertainment is provided as an employee or an independent contractor.
INSPECTOR
The Director of Health, the Chief of Police, the Fire Marshal, their agents or representatives or any Town employee designated to make inspections for health, fire, building safety, public safety, zoning purposes, violations of this chapter, or violations of any laws or ordinances of the Town.
MINOR
Shall be deemed to refer to a person under the age of 18 years.
OPERATOR
Any person, partnership, corporation or other entity operating, conducting or maintaining an adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered:
(1) 
Human genitals, pubic region;
(2) 
Buttock(s);
(3) 
Female breast(s) below a point immediately above the top of the areola; and
B. 
Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A. 
Simulated or actual:
(1) 
Showing of human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
(3) 
Fondling or erotic touching of female genitals, pubic region, buttocks or female breasts.
(4) 
Lap dancing.
(5) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (4).
B. 
However, the definition of "specified sexual activity" shall not apply to any medical publications or films or bona fide educational publication or films, any art or photography publications which devote 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography; any periodical which reports or describes current events and which from time to time publishes photos of nude or seminude persons in connection with the dissemination of the news, publications or films which describe and report different cultures and which, from time to time, publish or show photographs or depiction of nude or seminude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.
A. 
No licensee, operator or employee of an adult-oriented establishment shall perform or permit to be performed, offer to be performed or allow patrons, clients or customers to perform any live performance or conduct in violation of Connecticut's obscenity laws, C.G.S. §§ 53a-193 through 53a-210.
B. 
No licensee, operator or employee of an adult-oriented establishment shall allow or permit any minor to enter into or in any way loiter in or around any part of such establishment.
C. 
Every adult-oriented establishment doing business in the Town on and after the effective date of this chapter shall be well-lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, when adult entertainment is provided, shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. It shall be a violation of this chapter to install enclosed booths, cubicles, rooms within an adult-oriented establishment for any purpose in any way related to providing for the secluded viewing of adult-oriented motion pictures or any other types of adult-oriented entertainment.
D. 
The licensee and operator of each adult-oriented establishment shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live entertainment shall be well-lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons, clients or customers are permitted access at the illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the operator and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
E. 
Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or admission of the licensee and operator as well, including any act or admission as a result of the operator's negligent failure to supervise the employee's conduct. The licensee and operator shall be punishable for such act or admission in the same manner as if the licensee or operator committed the act or caused the omission.
F. 
The licensee and operator shall be responsible for the conduct of all employees while on the premises, including parking areas and all other portions of the property, and any act or admission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or admission of the licensee and operator for purposes of determining whether the operating license shall be revoked, suspended or renewed and whether the licensee and operator shall be subject to the penalties imposed by this chapter.
G. 
No adult-oriented establishment shall open to do business:
(1) 
Monday, Tuesday, Wednesday, Thursday, Friday between the hours of 1:00 a.m. and 10:00 a.m.
(2) 
Saturday between the hours of 2:00 a.m. and 10:00 a.m.
(3) 
Sunday between the hours of 2:00 a.m. and 10:00 a.m.
H. 
No person shall be employed in any adult-oriented establishment within three years of conviction of any of the crimes specified in § 162-8D(9) of this chapter unless such conviction has been submitted for appellate review, in which case employment shall be continued until such appeal is sustained.
I. 
Every adult-oriented establishment shall display a sign outside each entrance bearing the words "Adult-oriented establishment. Persons under 18 not admitted." in letters three inches high.
J. 
The licensee and operator shall ensure compliance of the adult-oriented establishment and its patrons with the provisions of this chapter.
K. 
Exterior display. No adult entertainment 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, from any public way or from any property not registered as an adult entertainment use. This provision shall apply to any display, decoration, sign, show window or other opening.
Adult-oriented establishments shall be located no less than 1,500 feet from any of the following uses if existing at the time when the adult-oriented establishment is established: any public or private school serving grade 12 or lower, any day-care center, nursery school or similar use, any public park or playground, any church or place of worship or other community building or any residential zone. Measurements of this shall be from any portion of the building housing such adult-oriented establishment to any portion of the parcel of land containing such land uses or being residentially zoned. The separating distance required by this section shall be determined as of the date that the adult-oriented establishment commences to operate in accordance with this chapter and any applicable provisions of the Town of Winchester Zoning Regulations, Building Code, Health Code, and other applicable state and local laws, and such adult-oriented establishment shall not be deemed to violate this section if thereafter one of the enumerated uses is established within the distance set forth herein.
The provisions of the preceding §§ 162-4 and 162-5 shall not be deemed to prohibit any use preexisting the enactment of this chapter. Any preexisting use which shall be discontinued for a period of 30 days shall thereafter conform to §§ 162-4 and 162-5, excluding therefrom any discontinuance caused by a suspension of the operating license.
A. 
Except as provided in Subsection D below, from and after the effective date of this chapter, it shall be unlawful for any person, partnership, corporation or other entity to engage in, conduct or carry on or permit to be engaged in, conducted or carried on in or upon any premises in the Town, the operation of an adult-oriented establishment without first obtaining a license to operate from the Winchester Chief of Police.
B. 
A license may be issued for only one adult-oriented establishment located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one adult-oriented establishment must have a license for each such establishment.
C. 
It shall be a violation of this chapter for any entertainer, employee, owner or operator to knowingly work in or about or to knowingly perform any service directly related to the operation of any unlicensed adult-oriented establishment.
D. 
All existing adult-oriented establishments at the time of the passage of this chapter must submit an application for a license within 60 days of the effective date of this chapter. If no application is filed within said sixty-day period, then such existing adult-oriented establishment shall cease operations, unless any such establishment has appealed the enactment of this chapter, whereupon this chapter shall not be enforced as to such establishment until such appeal is dismissed and judgment rendered in favor of the Town. If an application is filed then this chapter shall not be enforced as to such establishment until such application is denied.
E. 
Each license shall be specific to a licensee and to a location and may not be sold, assigned or transferred to any person, corporation, partnership or other entity in any way.
A. 
Upon the effective date of this chapter, the operator of any adult-oriented establishment shall be responsible for and shall acquire a license from the Winchester Chief of Police in accordance with this section.
B. 
The operator of each adult-oriented establishment shall submit an application in triplicate to the Town Clerk, together with an application fee in an amount set from time to time by the Board of Selectmen prior to commencement of business or within 60 days of the effective date of this chapter for any establishment already open for business. The Town Clerk shall date stamp all copies of the application and shall promptly deliver a copy of the application to the Chief of Police. The application shall be made upon a form prepared by the Chief of Police and disseminated by the Town Clerk. In instances where a corporation or a partner is the applicant, the application shall be signed and filed by a person having direct control or management of the proposed adult-oriented establishment or by an officer, director, majority shareholder or majority partner of the corporation or general partner of the partnership or manager or managing member of any other entity.
C. 
The applicant, within two business days of submitting an application to the Town Clerk, shall erect and maintain for a period of not less than 14 consecutive days, in a legible condition, a sign not less than four feet by four feet upon the site to be operated as an adult-oriented establishment, which sign shall set forth the name of the proposed licensee and reflect the filing of an application for an adult-oriented establishment. The sign shall be posted along the front of the property in an area clearly visible from a Town road or state highway abutting the property. After the sign has been properly erected and maintained for 14 consecutive days, the applicant shall provide to the Chief of Police a photograph of the sign and a statement under oath attesting to compliance with the foregoing sign requirements.
D. 
The applicant for a license shall furnish the following information:
(1) 
Name and residential address of the applicant, owner, operator, manager and any other person having direct control or management of the adult-oriented establishment, including all aliases, place of employment, date of birth, social security number, driver's license number and federal tax identification number, if any.
(2) 
Name and address of all employees and any other persons directly involved in the operation of the adult-oriented establishment, including aliases, date of birth, social security number, driver's license number and federal tax identification number, if any.
(3) 
Written proof that the applicant is at least 18 years of age.
(4) 
The exact nature of the entertainment to be conducted at the adult-oriented establishment.
(5) 
The address of the adult-oriented establishment to be operated by the applicant.
(6) 
Any adult-oriented entertainment or similar business license/permit history of the applicant, whether such person has previously operated in this or another municipality or state under license or without license, has had any such license revoked or suspended, the reason therefor and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
(7) 
If the application is a corporation, the application shall specify the name of the corporation, the date and state of incorporation and the name and address of the registered agent.
(8) 
The statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
(9) 
Any criminal convictions of the applicant, operator and other persons directly involved in the management or control of the adult-oriented establishment to any crime involving prostitution, obscenity, or other sex-related crime or drug offense in any jurisdiction within three years of the date of the filing of the application. Such crimes include, but are not limited to, prostitution, soliciting prostitution, promoting or permitting prostitution and sexual assault.
(10) 
An accurate to scale but not necessarily professionally drawn floor plan of the business premises clearly indicating the location of one or more manager's stations.
E. 
If a license to operate is granted, the information furnished in the application shall be updated within 30 days of any changes. Said update shall be filed at the office of the Town Clerk, who shall promptly forward such update to the Chief of Police.
A. 
No license shall be issued unless the Chief of Police has investigated the applicant's qualifications to be licensed. The investigation shall be conducted only to confirm the qualification of the applicant and to inspect the premises for compliance with all laws and regulations. The results of the investigation shall be put in writing and filed with the Town Clerk and mailed to the applicant within 60 days after the application was filed. Additionally, the premises of the adult-oriented establishment shall be inspected for compliance with the provisions of this chapter and all local and state codes and regulations, including but not limited to health, fire, building and zoning regulations. Said inspection shall be completed and a report issued to the Chief of Police within 30 days of the filing of the application and shall be included with the investigation results of the Chief of Police. The Chief of Police shall either issue a license or notify the applicant of the denial of the application within 75 days after receipt of a completed application. If he fails to do so, the application shall be deemed granted.
B. 
The Chief of Police shall issue to the applicant a license to operate an adult-oriented establishment within 75 days from the date of the filing of an application if all the requirements for an adult-oriented establishment described in this chapter are met, unless he finds that:
(1) 
The operation as proposed by the applicant if permitted would not have complied with all applicable laws and regulations, including, but not limited to, the building, health, housing, zoning and fire codes of the Town. If the premises are not in compliance, the applicant shall be advised of the reasons in writing and what, if any, measures the applicant can take to bring the premises into compliance for a license to issue.
(2) 
The applicant or any other person who will be directly engaged in the management and operation of an adult-oriented establishment has been convicted in this or any other state of any of the crimes specified in § 162-8 above, except those specified in Subsection B(3) below, within three years of the date of filing of the application.
(3) 
The applicant or any other person who will be directly engaged in the management and operation of an adult-oriented establishment has been convicted of any obscenity offense in violation of C.G.S. §§ 53a-194, 53a-196a, 53a-196b, 53a-196c within two years of the date of the filing of the application.
(4) 
The applicant has submitted a false statement or representation or misleading information on the application.
(5) 
The applicant previously violated this chapter within five years immediately preceding the date of the filing of the application.
(6) 
An applicant has been employed in an adult-oriented establishment in a managerial capacity within the preceding 36 months and knowingly:
(a) 
Permitted alcoholic liquor or cereal or malt beverages to be illegally brought or consumed upon the premises;
(b) 
Permitted the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the grounds;
(c) 
Permitted any person under the age of 18 to be in or upon the premises of an adult entertainment business; or
(d) 
Permitted any act of prostitution or patronizing prostitution as defined under the state law on the premises.
C. 
Whenever an application is denied, the Chief of Police shall notify the applicant in writing within 75 days of the date of the application stating the reasons for such denial.
D. 
When an application is denied solely for the reasons stated in Subsection B(1), and such violation is correctable, the applicant shall be given an additional 30 days from the date of such notification of denial to bring the premises into compliance. Upon verification by inspection that the correction has been made within 30 days, which shall be determined no later than three business days after receipt of written notice and corrections from the applicant to the Chief of Police, a license shall be issued to the applicant so long as no new violations or other disqualifying factors have occurred within those 30 days.
E. 
The license, if granted, shall state on its face the name and residence address for the applicant to whom it is granted, the expiration date, the address of the adult-oriented establishment and the department or public official and telephone number to report any violation of this chapter.
F. 
The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented establishment so that it may be easily read at any time.
A. 
Each license issued to a qualified applicant shall expire one year from the date it is issued unless it is renewed upon application of the licensee accompanied by payment of a renewal fee in an amount set from time to time by the Board of Selectmen. Such application and application fee shall be submitted by the licensee to the Town Clerk at least 60 days before the expiration date, but not more than 90 days. Provided the application is filed within 60 days of its expiration date and the application fee paid, the license shall be renewed for the same licensee at the same location by the Chief of Police unless the licensee's file contains uncorrected violations of this chapter or uncorrected violations of health, fire or safety codes and regulations of which the licensee has received written notice. The renewed license shall be mailed to the licensee by certified mail prior to the expiration date of the previous license. No establishment shall continue operations without a license except in accordance with the provision of § 162-7B.
B. 
In the event that there are uncorrected violations of this chapter or uncorrected violations of health, fire or safety codes and regulations of which the renewal applicant has received written notice, license renewal shall be delayed for a maximum of 30 days in order for all corrections to be completed and inspections done to determine compliance. If such corrections of violations are not made by the applicant within the 30 days beyond the expiration date, no license renewal will be issued. A notice of nonrenewal shall be mailed by the Chief of Police to the licensee by certified mail within five days after the extended thirty-day period, stating the reasons for the nonrenewal.
C. 
Notwithstanding the provisions in Subsection B above, in no instance shall a renewal be issued to a licensee that has two or more violations of § 162-3A of this chapter for which the licensee has received written notice or one or more uncorrected violations of this chapter pending for over 60 days. A written notice of such nonrenewal shall be mailed by the Chief of Police to the licensee by certified mail prior to the expiration date of the license sought to be renewed, stating the reason for the nonrenewal revocation.
D. 
Should a license not be renewed for any violation provided herein, no license shall issue for the same licensee for five years.
A. 
The Chief of Police or an authorized representative may suspend the license for a period not to exceed 30 days upon his determination that a licensee, operator or employee has violated any part of this chapter. Said suspension shall be issued in writing, mailed by certified mail, return receipt requested, to the licensee at the address of the establishment or at the home of the licensee or served by process server at the usual place of abode of the licensee or at the address of the establishment. If the suspension is issued for a correctable violation, said suspension shall be terminated upon verification by inspection that the correction has been made, which shall be determined no later than three business days after receipt of written notice of correction from the licensee to the Chief of Police.
B. 
The Chief of Police or his authorized representative shall revoke any license where any of the following occurs:
(1) 
It is discovered that false or misleading information or data was given on any application or material facts were omitted from any application for licensure.
(2) 
Any costs or fee required to be paid by this chapter is not paid or is paid with a bank check drawn on an account with insufficient funds and returned to the Town.
(3) 
The licensee is no longer qualified due to conviction of any crime specified in § 162-8D(9).
(4) 
The licensee has had two or more violations of § 162-3A, B, C, D or H of this chapter for which the licensee has received written notice.
(5) 
The licensee has one or more uncorrected violations of this chapter pending for over 60 days.
(6) 
Failure of licensee to correct any violation within 30 days for which licensee's license was suspended pursuant to § 162-8.
(7) 
The license or any interest therein is transferred in any way.
C. 
Once revoked, no license shall issue for the same licensee for five years.
If the Chief of Police or his authorized representative denies the issuance of a license or suspends or revokes a license he shall, within 10 days of his decision, send to the applicant or operator at the address listed on the application by certified mail, return receipt requested, written notice of a decision, and further shall specifically state the evidence presented, the reason for the decision and the right to an appeal. The aggrieved party may appeal the decision of the Chief of Police to the Board of Selectmen within 30 days of receipt of the notice by filing a written application to the Town Clerk requesting a hearing before the Board of Selectmen. At the hearing, the applicant/licensee shall have the opportunity to present evidence bearing upon the question. If the applicant/licensee makes application for a hearing, a hearing shall be scheduled within 30 days of the notice of appeal. The Board must render a decision within 45 days of the receipt of the appeal. Within five days after such hearing, the Board of Selectmen shall issue written notice of a final decision and issue any license or renewal of license where applicable. All operations of the adult-oriented establishment shall be maintained pending the final decision being issued by the Board of Selectmen. Any denial, nonrenewal, suspension or revocation of a license that is sustained in a written decision after hearing, as provided for above, shall be appealable to the Superior Court within 15 days of written notice thereof by any person aggrieved in accordance with the procedure established for zoning appeals by C.G.S. § 8-8, as amended. Any denial of renewal, suspension or revocation shall be stayed during the appeal unless otherwise ordered by the Superior Court.
A. 
Every person, partnership or corporation, whether acting as an individual owner, operator, licensee or employee of an adult-oriented establishment, who operates, maintains or conducts an adult-oriented establishment without first obtaining a license and paying the applicable fee to the Town, or who violates any of the provisions of this chapter, shall be fined a definite sum not exceeding $250 for each such violation and be subject to criminal prosecution under the laws of the State of Connecticut.
B. 
Each violation of this chapter shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense for each day the violation continues.
C. 
This chapter shall not preclude any additional enforcement action taken by any appropriate municipal, state or federal official conducted pursuant to any applicable ordinance, regulation and/or law of the Town of Winchester and/or the State of Connecticut and/or the United States of America.
D. 
The hearing procedure for any citations issued for violations of this chapter shall be the procedures set forth in Chapter 215, Citations, Article I, of the Code of the Town of Winchester.
Should any court of competent jurisdiction declare any section or clause or provision of this chapter to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other section, clause or provision of this chapter.
In construing this chapter, masculine or neuter pronouns shall be substituted for those of feminine form and vice versa and the plural of the singular and the singular of the plural shall be substituted in any case in which the context may require.