In this article:
Adult arcade
means 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.”
Adult bookstore or adult video store
means 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:
(1)
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
(2)
Instruments, devices, or paraphernalia that are designed for
use in connection with “specified sexual activities.”
Adult cabaret
means a nightclub, bar, restaurant, or similar commercial
establishment that regularly features:
(1)
Persons who appear in a state of nudity or semi-nudity, including
topless dancers, nude dancers or strippers, male or female;
(2)
Live performances that are characterized by the exposure of
“specified anatomical areas” or by “specified sexual
activities”; or
(3)
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.”
Adult motel
means a hotel, motel or similar commercial establishment
that:
(1)
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;
(2)
Offers a sleeping room for rent for a period of time that is
less than ten (10) hours; or
(3)
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.
Adult motion picture theater
means 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.”
Adult theater
means 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.”
Child-care facility
means 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.
Church
means a building in which persons regularly assemble for
worship, intended primarily for purposes connected with faith, or
for propagating a particular form of belief.
Escort
means 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.
Escort agency
means 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.
Establishment
means and includes any of the following:
(1)
The opening or commencement of any sexually oriented business
as a new business;
(2)
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(3)
The addition of any sexually oriented business to any other
existing sexually oriented business; or
(4)
The relocation of any sexually oriented business.
Licensee
means 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.
Mayor
means the city’s mayor and/or his designated agent.
Nude model studio
means 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.
Nudity or a state of nudity
means:
(1)
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast; or
(2)
A state of dress that fails to opaquely cover a human buttock,
anus, male genitals, female genitals, or areola of the female breast.
Operates or causes to be operated
means to cause to function or to put or keep in operation.
A person may be found to be operating or causing to be operating a
sexually oriented business whether or not that person is an owner,
part owner, or licensee of the business.
Person
means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
Residential district
means a single-family, duplex, townhouse, multiple-family
or mobile home district or area so designated by such uses.
Residential use
means property used for single-family, duplex, multiple-family,
mobile home park, mobile home subdivision, or campground purposes.
School
means any public or private learning center, elementary school,
secondary school, junior college, community college, college, university
or other center for post-secondary education.
Semi-nude
means 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.
Sexual encounter center
means a business or commercial enterprise that, as one of
its primary business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(2)
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or semi-nudity.
Sexually oriented business
means 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.
Specified sexual activities
means and includes any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections
(1) through
(3) above.
Transfer of ownership or control of a sexually oriented business
means and includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities that constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
(3)
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.
(2014 Code, sec. 84.02)
Sexually oriented businesses are classified as follows:
(2) Adult
bookstores or adult video stores;
(5) Adult
motion picture theaters;
(9) Sexual
encounter centers.
(2014 Code, sec. 84.03)
The annual fee for a sexually oriented business license shall be as prescribed in the fee schedule in appendix
A of this code.
(2014 Code, sec. 84.06)
(a) An
applicant or licensee shall permit representatives of the police department
of the city 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.
(b) A
person who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit a lawful inspection of
the premises by a representative of the police department at any time
it is occupied or open for business.
(c) The
provisions of this section do not apply to areas of an adult motel
that are currently being rented by a customer for use as a permanent
or temporary habitation.
(2014 Code, sec. 114.07 [84.07])
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section
5.08.004. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
(2014 Code, sec. 84.08)
The mayor shall suspend a license for a period not to exceed
thirty (30) days if he determines that a licensee or an agent or employee
of a licensee has:
(2) Engaged
in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3) Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(4) Knowingly
permitted gambling by any person on the sexually oriented business
premises; or
(5) Demonstrated
inability to operate or manage a sexually oriented business in a peaceful
and law-abiding manner thus necessitating action by law enforcement
officers.
(2014 Code, sec. 84.09)
If the city manager denies the issuance of a license, or suspends
or revokes a license, he shall send to the applicant, or licensee,
by certified mail, return receipt requested, written notice of the
action and the right of an appeal. Upon receipt of written notice
of the denial, suspension, or revocation, the licensee whose application
has been denied or whose license has been suspended or revoked shall
have the right to appeal to the state district court. An appeal to
the state district court must be filed within thirty (30) days after
the receipt of notice of the decision. The licensee shall bear the
burden of proof in court.
(2014 Code, sec. 84.11)
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.
(2014 Code, sec. 84.12)
(a) Except as provided by subsection
(b) of this section, any person violating section
5.08.012 [5.08.013]of this article, upon conviction, is punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 5.08.003(a) [5.08.004(a)]or section
5.08.012 [5.08.013]of this article is punishable as a class A misdemeanor.
(c) Except as provided by subsection
(b) of this section, above, any person violating a provision of this article other than section
5.08.012 [5.08.013], upon conviction, is punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code 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 5.08.003(a) [5.08.004(a)]or section
5.08.012 [5.08.013]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.
(2014 Code, sec. 84.21; Ordinance
adopting 2021 Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section
5.08.013 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(2014 Code, sec. 84.22)