The legislative body of the Town of Ellington, Connecticut finds:
A. Adult-oriented establishments require special supervision
from the Town's public health and 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.
B. Statistics and studies performed by a substantial number
of cities and towns in the United States indicate that:
(1) Large numbers of persons, primarily male, frequent 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
live entertainment;
(2) Closed booths, cubicles, studios and rooms have been
used by patrons, clients or customers of adult-oriented establishments for
the purpose of engaging in sexual acts;
(3) Male and female prostitutes are known to frequent such
establishments in order to provide sex for hire to the patrons, clients or
customers within the booths, cubicles and rooms;
(4) Doors, curtains, blinds and/or other closures installed
in or on the entrances and/or exits of such booths, cubicles, studios and
rooms are closed while such booths, studios, cubicles and rooms are in use
and encourage patrons using such booths, cubicles, studios and rooms to engage
in sexual acts therein with prostitutes and/or 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, creating risk to the health and safety of other persons
who may come in contact with such deposits; and
(5) The reasonable regulation and supervision of such adult-oriented
establishments tend to discourage such sexual acts and prostitution and encourage
safe use of said premises and thereby promote the health, safety and welfare
of the patrons, clients and customers of such establishments.
C. Unregulated operation of adult-oriented establishments
is and would be detrimental to the general welfare, health and safety of the
citizens of Ellington.
D. 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.
E. It is not the intent of the body enacting this chapter
to deny to any person rights to speech protected by the United States and/or
State Constitution, nor is it the intent of this body to impose any additional
limitations or restrictions on the contents of any communicative materials,
books and/or other materials. Further, by enacting this chapter, this body
does not intend to deny or restrict the right of any adult to obtain and/or
view any materials protected by the United States and/or State Constitution,
nor does it intend to restrict or deny any constitutionally protected rights
that distributors or exhibitors of such materials may have to sell, distribute
or exhibit such materials.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE
An establishment having a substantial or significant portion of its
stock and trade in books, films, video cassettes, magazines, other periodicals
or other film or electronic media 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 having facilities for presentation of adult entertainment,
as defined below, and including adult-oriented films, movies or live entertainment
for observation by patrons therein.
ADULT ENTERTAINMENT
Any exhibition or any adult-oriented motion picture, 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 or any
other personal services offered customers.
ADULT MOTION-PICTURE THEATER
An enclosed building 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-ORIENTED ESTABLISHMENT
Includes, without limitation, adult bookstores and adult 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, studios, compartments or stalls 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, whether such adult entertainment is
held, conducted, operated or maintained for a profit, direct or indirect.
"Adult-oriented establishment" further includes, without limitation, an adult
entertainment studio or any premises that are physically arranged and used
as such, whether advertised or represented as an adult entertainment studio,
rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling
studio or any other term of like import.
EMPLOYEE
Any and all persons, including independent contractors, who work
in or at or render any services directly to patrons of or assist in the operation
of facilities regulated by this chapter.
ENTERTAINER
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.
INSPECTOR
An employee of the North Central Health Department authorized and
designated by the Director of Health, or an employee of the Department of
Inspections and Permits authorized and designated by the Director of said
Department, or the Ellington Zoning Enforcement Officer, Building Official,
Fire Marshal, Town Engineer or a member of the Connecticut State Police Department
to inspect premises regulated under this chapter in case of violations being
found on such premises and to require corrections of unsatisfactory conditions
found on said premises.
MINOR
A person under the age of 18 years old.
OPERATOR
Any person, partnership or corporation operating, conducting or maintaining
an adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals or pubic region.
(3)
Female breast below a point immediately above the top of the areola.
B.
Human male genitals in a discernible turgid state, even if completely
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or erotic touching of human genitals, pubic region, buttocks
or female breasts.
This chapter is not intended to apply to any medical publications or
films; nor to any bona fide educational publications or films; nor to any
art or photography publications which devote at least 25% of the lineage of
each issue to articles and advertisements dealing with subjects of art or
photography; nor to any news periodical which reports or describes current
events and which, from time to time, publishes photographs of nude or seminude
persons in connection with the dissemination of the news; nor to publications
or films which describe and report different cultures and which, from time
to time, publish or show photographs or depictions of nude or seminude persons
when describing cultures in which nudity or seminudity is indigenous to the
population.
Each person who works at such a facility in any capacity shall apply
for an adult worker permit.
A. Application shall be made to the Zoning Enforcement Officer.
B. Application shall be on a form prescribed by the Zoning
Enforcement Officer which shall include personal identification, personal
work history, criminal record, and position to be held, including a description
of the work to be performed.
C. Permit shall be valid until September 1.
D. An application fee of $25 shall be paid with initial
application. Renewal permits shall require an application fee of $10.
E. Each permit shall be valid to work only at a single designated
facility. If the permittee moves to another facility another permit shall
be required which shall require an application fee of $10.