It is the purpose of this article 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 on the operation of the same without imposing a limitation
or restriction on the contents of any communicative materials, including
sexually oriented materials.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.301)
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 (5) 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” or “specified
anatomical areas” as defined herein.
Adult bookstore or adult video store.
A commercial establishment which as one (1) of its principal
business purposes offers for sale or rental for any form of consideration
any one (1) 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 which depict or describe “specified
sexual activities” or “specified anatomical areas”;
or
(2)
Instruments, devices, or paraphernalia which are designed for
use in connection with “specified sexual activities.”
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
(1)
Persons who appear in a state of nudity;
(2)
Live performances which 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 which are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas.”
Adult motel.
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, 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;
(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.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
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.”
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.
Establishment.
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.
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.
Massage establishment.
Any building, room, place, or establishment, other than a
regularly licensed hospital, where manipulated massage or manipulated
exercises are practiced upon the human body by anyone not a duly licensed
physician, osteopath, chiropractor or a registered nurse or a doctor,
whether with or without the use of mechanical, therapeutic or bathing
devices, and shall include Turkish bathhouses. This term shall not
include, however, duly licensed beauty parlors or barbershops or a
place wherein registered physical therapists treat only patients recommended
by a licensed physician and operate only under such physician’s
direction.
Nude model studio.
Any place where a person who appears in a state of nudity
or displays “specified anatomical areas” is provided to
be observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by other persons who pay money or any form of consideration.
Nudity or a state of nudity.
(1)
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast; or
(2)
A state of dress which fails to opaquely cover a human buttock,
anus, male genitals, female genitals, or areola of the female breast.
Operates or causes to be operated.
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.
Person.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Residential district.
A single-family, duplex, townhouse, multiple-family, or mobile
home zoning district as defined in the city zoning ordinance.
Residential use.
A single-family, duplex, multiple-family, or “mobile
home park, mobile home subdivision” as defined in the city zoning
ordinance.
Semi-nude.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
Sexual encounter center.
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)
Sexual activities between male and female persons and/or persons
of the same sex when one (1) or more of the persons is in a state
of nudity or semi-nudity.
Sexually oriented business.
An adult arcade, adult bookstore, or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater
or nude model studio.
Specified anatomical areas.
Less than completely covered human genitals, pubic region,
buttocks, and female breast below a point immediately above the top
of the areola.
Specified sexual activities.
Any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic
regions, 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.
(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.
Includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities which 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
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.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.302)
Sexually oriented businesses are classified as follows:
(2) Adult
bookstores or adult video stores;
(5) Adult
motion picture theaters;
(10) Sexual encounter centers.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.303)
(a) A
person commits an offense if he/she operates or causes to be operated
a sexually oriented business within one thousand feet (1,000') of:
(2) A public or private elementary or secondary school;
(3) A boundary of a residential district as defined in this article;
(4) A public park adjacent to a residential district as defined in this
article; or
(5) The property line of a lot devoted to a residential use as defined
in this article.
(b) A
person commits an offense if he/she causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or
control of a sexually oriented business within one thousand feet (1,000')
of another sexually oriented business.
(c) A
person commits an offense if he/she causes or permits the operation,
establishment, or maintenance of more than one sexually oriented business
in the same building, structure, or portion thereof.
(d) For the purposes of subsection
(a), 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 church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e) For purposes of subsection
(b) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f) A
sexually oriented business lawfully operating in conformance with
this article is not rendered nonconforming by the location, subsequent
to the grant or renewal of the sexually oriented business license,
of a church, public or private elementary or secondary school, public
park, residential district, or residential lot within one thousand
feet (1,000') 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
or has been revoked.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.304)
(a) Except as provided by subsection
(b) below, any person violating section
4.09.004, upon conviction, is punishable by a fine as provided for in the general penalty provision found in section
1.01.009 of this code.
(b) If the sexually oriented business involved is a nude model studio, then violation of section
4.09.004 is punishable as a class A misdemeanor.
(c) Except as provided by subsection
(b) above, a violation of any provision of this article other than section
4.09.004, upon conviction, is punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code.
(d) It is a defense to prosecution under section
4.09.004 or section
4.09.061(d) that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school licensed by the state; a college, junior
college, or university supported entirely or partly by taxation;
(2) By 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; or
(3) In a structure:
(A) Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing;
(B) Where in order to participate in a class a student must enroll at
least three (3) days in advance of the class; and
(C) Where no more than one nude model is on the premises at any one time.
(e) It is a defense to prosecution under section
4.09.004 or section
4.09.031(a) that each item of descriptive, printed, or film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.319; Ordinance adopting 2017 Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section
4.09.031 herein is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.320)