[Ord. No. 211, 7-30-1996]
(a) 
The Town Council of the Town of Vernon, Connecticut, finds:
(1) 
There are "adult-oriented establishments" located in the town which require special supervision from the town's public safety agencies in order to protect and preserve the health, safety and welfare of the patrons of such establishments, as well as the health, safety and welfare of the town's citizens.
(2) 
Statistics and studies performed by a substantial number of cities and towns in the United States indicate that:
a. 
Large numbers of persons, primarily male, 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 video tapes and/or live entertainment; and
b. 
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 certain sexual acts; and
c. 
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 and rooms; and
d. 
Doors, curtain, blinds and/or other closures installed in 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 using such booths, cubicles, studios and rooms to engage in sexual acts therein with prostitutes and/or with other members of the same sex, thereby promoting and encouraging prostitution and the commission of sexual acts which cause blood, semen and urine 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
e. 
The regulation and supervision of such "adult-oriented establishments" tends to discourage such sexual acts and prostitution, and thereby promotes the health, safety and welfare of the patrons, clients and customers of such establishments.
(3) 
The continued unregulated operation of adult-oriented establishments including, without limitation, those specifically cited in subsection (a)(1) hereof is and would be detrimental to the general welfare, health and safety of the citizens of Vernon.
(4) 
The Constitution and 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" as hereinafter defined in order to protect the public health, safety and welfare.
(b) 
It is not the intent of the town council, in enacting this division, to deny any person rights to speech protected by the United States and/or state constitutions, nor is it the intent of the town council to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, video-tapes, books and/or other materials. Further, by enacting this ordinance, the town council does not intended to deny or restrict the rights of any adult to obtain and/or view any sexually oriented materials protected by the United States and/or state constitutions, 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.
[Ord. No. 211, 7-30-1996; Ord. No. 239, 12-3-2002]
For the purpose of this division, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:
ADULT BOOKSTORE
Means an establishment having a substantial or significant portion of its stock and trade in books, films, video cassettes, 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 below, and in conjunction therewith has facilities for the presentation of adult entertainment as defined below, and including adult-oriented films, movies or live entertainment, for observation by patrons therein.
ADULT ENTERTAINMENT
Means 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, pantomime, modeling, and any other personal services offered customers.
ADULT MINI-MOTION PICTURE THEATER
Means an enclosed building with a capacity of less than fifty (50) 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 below, for observation by patrons therein.
ADULT MOTION PICTURE THEATER
Means an enclosed building with a capacity of fifty (50) or more persons 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 below, for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Shall include, without limitation, "adult bookstores", "adult motion picture theaters", "adult mini-motion picture theaters" and further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studies, compartments, or stalls or separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. 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 adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import.
CHILD DAY CARE CENTER
Shall mean a facility in which care is provided for more than twelve (12) related or unrelated children outside their own homes on a regular basis for a part of the twenty-four (24) hours in one or more days of the week.
EMPLOYEE
Means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of any adult-oriented establishment.
ENTERTAINER
Means 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 entertainment is provided as an employee or an independent contractor.
MINOR
Shall be deemed to refer to a person under the age of eighteen (18) years.
OPERATOR
Means any person, partnership or corporation operating, conducting or maintaining an adult-oriented establishment.
SCHOOL
Shall mean any public or private pre-school, elementary school, junior high school or high school.
SEXUAL ACTIVITIES
As used in this division, is not intended to include any medical publications or films or bona fide educational publication or films, nor does it include any art or photography publications which devote at least twenty-five (25) percent of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describe current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films which described and report different cultures and which, from time to time, publish or show photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.
SPECIFIED ANATOMICAL AREAS
Means:
(1) 
Less than completely and opaquely covered:
a. 
Human genitals, pubic region;
b. 
Buttocks;
c. 
Female breasts below a point immediately above the top of the areola; and
(2) 
Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Means:
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Acts of human masturbation, sexual intercourse, or sodomy;
(3) 
Fondling or erotic touching of human genitals, pubic region, buttock or female breast.
TOWN COUNCIL
Means the Town Council of the Town of Vernon, Connecticut.
[Ord. No. 211, 7-30-1996; Ord. No. 239, 12-3-2002]
(a) 
No operator or employee of an adult-oriented establishment shall allow or permit any minor to loiter in any part of such establishment, including parking lots immediately adjacent to such establishment used by patrons of such adult-oriented establishment.
(b) 
Effective upon passage of this division, every adult-oriented establishment doing business in the town 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, wherein 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 unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of adult-oriented motion pictures, or other types of adult-oriented entertainment.
(c) 
Effective upon passage of this division, the operator of each adult-oriented establishment shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult 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 are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the operation and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(d) 
Every act or omission by any employee constituting a violation of the provisions of this division shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(e) 
An operator shall be responsible for the conduct of all employees while on premises regulated by this division, and any act or omission of any employee constituting a violation of the provisions of this division shall be deemed the act or omission of the operator for purpose of determining whether the operator shall be subject to the penalties imposed by this division.
(f) 
All adult-oriented establishments shall be open to inspection at all reasonable times by the Vernon Police Department, inspectors employed by the town, or such other persons as the town council may designate.
(g) 
Further, adult oriented establishment applications will be prohibited within certain distances of specified places as follows:
(1) 
Five hundred (500) feet of any school or child day care center.
(2) 
Five hundred (500) feet of any church or other permanent house of worship.
(3) 
Five hundred (500) feet of any park, recreation facility or library owned or operated by the Town of Vernon.
(4) 
Five hundred (500) feet from any residential zone line boundary.
(5) 
Five hundred (500) feet from any establishment selling alcoholic beverages.
(6) 
One thousand (1,000) feet from other adult oriented establishments.
[Ord. No. 211, 7-30-1996]
(a) 
Any person, partnership or corporation who is found to have violated this division shall be fined a definite sum not exceeding one hundred dollars ($100.00) for each such violation.
(b) 
Each violation of this division shall be considered a separate offense, and any violation continuing more than one hour of time shall be considered a separate offense for each hour of violation.
[Ord. No. 211, 7-30-1996]
Should any court of competent jurisdiction declare any section, clause or provision of this division 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 division.
[Ord. No. 211, 7-30-1996]
This division shall be effective for not more than ten (10) years from the date of adoption, at which time, if the town council has not acted to renew the division, it shall be deemed repealed.
[Ord. No. 239, 12-3-2002]
The distances provided in this division shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult oriented establishment is to be located to the nearest point of the parcel from which the adult oriented establishment is to be separated.