[HISTORY: Adopted by the Town Council of
the Town of Coventry as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-19-1995 by Ord. No. 1-95-0197 (Ch. 8, Art. VII, of the 1991 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any commercial establishment, which does not otherwise qualify
as a theater or nonprofit free lending library, that either:
Has 5% or more of its stock on the premises,
or has 5% or more of its stock on display, in stories, periodicals,
photographs, drawings, sculpture, motion pictures, films or other
visual representations which depict sadomasochistic abuse, sexual
conduct or sexual excitement, as defined by R.I.G.L. § 11-31-1;
or
Has on the premises one or more mechanical devices
intended for viewing such materials.
A.
In order for an adult bookstore to operate in the
Town of Coventry, the requirements of this section shall be met (in
addition to any other applicable requirements of the Zoning Ordinance).
C.
D.
An adult bookstore must obtain a special use permit.
A.
A special use may be approved if:
(1)
The proposed use is in conformance with all the applicable
requirements and regulations of this article;
(2)
The proposed use will not substantially impair the
integrity of the Town Comprehensive Plan;
(3)
The proposed use will not adversely affect the health,
safety or welfare of residents or workers in the area; and
(4)
The proposed use will not be detrimental to the use
or development of adjacent properties or the general neighborhood.
B.
In addition to all other requirements, no special
use permit shall be issued for an adult bookstore unless the following
requirements are met:
(1)
The subject structure shall be located at least 1,000
feet from any Residential Zone, land proposed to be used for residential
purposes on the Town Comprehensive Plan, or property associated with
any of the following: school, library, park, playground, recreational
facility, church, convent or monastery.
(2)
As a part of the special use approval, the Town may
restrict advertisement, outdoor display and the location of merchandise,
and may impose other reasonable requirements deemed necessary to safeguard
the health, safety, morals and general welfare of the community.
(3)
The proprietor, owner or personnel of the establishment
shall prohibit access to the premises by any person who is under 18
years old.
[Adopted 4-8-1996 by Ord. No. 1-96-0200 (Ch. 8, Art. IV, Div. 3, of the 1991 Code)]
The purpose of this article is to prohibit certain
acts of commercial exploitation of human sexuality in commercial establishments
within the Town of Coventry where alcoholic beverages are served or
offered for sale for consumption on the premises and to reduce the
likelihood of criminal activity, moral degradation, disturbances of
the peace and good order of the community which may occur when such
commercial exploitation is permitted in such places.
The Town Council finds that there is an increasing
commercial exploitation of human sexuality by owners and operators
of commercial establishments within the State of Rhode Island where
alcoholic beverages are served or offered for sale for consumption
on the premises. Such exploitation takes place in the form of employing
or permitting persons to perform or exhibit their nude or seminude
bodies to other persons as an inducement to such other persons to
purchase alcoholic beverages. The direct results of such exploitation
are criminal activity, moral degradation and disturbances of the peace
and good order of the community. In addition, such commercial exploitation
of such nude and seminude acts is adverse to the public's interest
in the quality of life, tone of commerce and total community environment
of the Town of Coventry.
A.
It shall be unlawful for any person or persons maintaining,
owning or operating a commercial establishment located within the
boundaries of the Town of Coventry, Rhode Island, at which alcoholic
beverages are offered for sale for consumption on the premises:
(1)
To suffer or permit any female person, while on the
premises of said commercial establishment, to expose to the public
view that area of the human female breast at or below the top of the
areola thereof.
(2)
To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portion of the human female breast as described in Subsection A(1).
(3)
To suffer or permit any person or persons, while on
the premises of said commercial establishment, to expose to public
view his or her genitals, pubic area, buttocks, anus or anal cleft.
For purposes of this article, "buttocks" is defined as the area at
the rear of the body which lies between two imaginary lines running
parallel to the ground when a person is standing, the first or top
such line drawn at the tip of the cleavage of the nates (i.e., the
prominence formed by the muscles running from the back of the hip
to the back of the leg) and the second or bottom line drawn at the
lowest visible point of this cleavage or the lowest point of the curvature
of the fleshy protuberance, whichever is lower, and between two imaginary
lines on each side of the body, which lines are perpendicular to the
ground and to the horizontal lines described above, and which perpendicular
lines are drawn through the point at which each nate meets the outer
side of each leg. The article would be violated, therefore, if any
portion of this area is visible from any vantage point.
(4)
To suffer or permit any person, while on the premises
of said commercial establishment, to employ any device or covering
which is intended to give the appearance of or simulate the genitals,
pubic area, buttocks, anus and anal cleft.
B.
It shall be unlawful for any female person, while
on the premises of a commercial establishment located within the boundary
areas of the Town, at which alcoholic beverages are served or offered
for sale for consumption on the premises, to expose to public view
that area of the human female breast at or below the top of the areola
thereof, or to employ any device or covering which is intended to
give the appearance of or simulate such areas of the female breast
as described herein.
C.
It shall be unlawful for any person, while on the
premises of a commercial establishment located within the boundaries
of the Town, at which alcoholic beverages are offered for sale for
consumption on the premises, to expose to public view his or her genitals,
pubic area, buttocks, anus or anal cleft.
The penalty for any violation of § 85-6 or a subsection thereof shall be a fine not exceeding in amount $500 or imprisonment not exceeding 30 days in a jail or house of correction.
