(a)
It
is the purpose of this article to regulate sexually oriented businesses
in order 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 concentration of sexually oriented businesses
within the city. The provisions of this article 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 neither the intent nor effect of this article 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.
(2001 Code, sec. 114.01)
In this article:
Any place to which the public is permitted 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 (5)
or fewer persons per machine at any one (1) time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of “specified sexual activities” or “specified
anatomical areas.”
A commercial establishment that 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, that depict or describe “specified
sexual activities” or “specified anatomical areas”;
or
Instruments, devices, or paraphernalia that are designed for
use in connection with “specified sexual activities.”
A nightclub, bar, restaurant, or similar commercial establishment
that regularly features:
Persons who appear in a state of nudity or semi-nudity, including
topless dancers, nude dancers or strippers, male or female;
Live performances that are characterized by the exposure of
“specified anatomical areas” or by “specified sexual
activities”; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas.”
A hotel, motel or similar commercial establishment that:
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
that 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 type of photographic reproduction;
Offers a sleeping room for rent for a period of time that is
less than ten (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 ten (10) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are shown that are characterized by the depiction or
description of “specified sexual activities” or “specified
anatomical areas.”
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear in a state
of nudity, or live performances that are characterized by the exposure
of “specified anatomical areas” or by “specified
sexual activities.”
A building used as a day nursery, children’s boarding
home, child placement agency, or religious or charitable encampment
for children, or any other place for the care or custody of children
under sixteen (16) years of age.
A building in which persons regularly assemble for worship,
intended primarily for purposes connected with faith, or for propagating
a particular form of belief.
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 who or business association that furnishes, offers
to furnish, or advertises to furnish escorts as one of its business
purposes, for a fee, tip, or other consideration.
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; or
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
The city’s mayor and/or his designated agent.
Any place where a person who appears in a state of nudity
or semi-nudity or displays “specified anatomical areas”
is provided to be observed, sketched, drawn, painted, sculpted, photographed,
or similarly depicted by other persons who pay money or any form of
consideration.
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner,
or licensee of the business.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A single-family, duplex, townhouse, multiple-family or mobile
home district or area so designated by such uses.
Property used for single-family, duplex, multiple-family,
mobile home park, mobile home subdivision, or campground purposes.
Any public or private learning center, elementary school,
secondary school, junior college, community college, college, university
or other center for post-secondary education.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breasts, 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.
Human genitals in a state of sexual arousal.
Any of the following:
The increase in floor area occupied by the business by more
than twenty (20) percent, as the floor area existed on the date of
the enactment of this article.
Any of the following:
The sale, lease, or sublease of the business;
The transfer of securities that constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift, or other similar legal device
that 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.
(2001 Code, sec. 114.02)
Sexually oriented businesses are classified as follows:
(1)
Adult
arcades;
(2)
Adult
bookstores or adult video stores;
(3)
Adult
cabarets;
(4)
Adult
motels;
(5)
Adult
motion picture theaters;
(6)
Adult
theaters;
(7)
Escort
agencies;
(8)
Nude
model studios; and
(2001 Code, sec. 114.03)
(b)
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 4.06.041(a) or section 4.06.081 of this article is punishable as a class A misdemeanor.
(c)
Except as provided by subsection (b) of this section, any person violating a provision of this article other than section 4.06.081, upon conviction, is punishable by a fine not to exceed $3,000.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d)
It is a defense to prosecution under section 4.06.041(a) or section 4.06.081 of this article that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary artistic, political, or scientific value.
(2001 Code, sec. 114.21; Ordinance
adopting Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.06.081 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(2001 Code, sec. 114.22)
