[HISTORY: Adopted by the Town of Ellington effective 4-16-1994.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 230.
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:
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.
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.
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.
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.
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.
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.
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.
The Town Meeting of the Town of Ellington, Connecticut.
A person under the age of 18 years old.
Any person, partnership or corporation operating, conducting or maintaining
an adult-oriented establishment.
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.
A.
No operator or employee of an adult-oriented establishment
shall allow or permit any minor to be a patron, employee, or independent contractor
working at such establishment or to loiter in any part of the establishment,
including parking lots immediately adjacent to such establishment used by
patrons of such adult-oriented establishment.
B.
Every adult-oriented establishment doing business in
the Town on and after the effective date of this chapter shall meet all of
the following requirements:
(1)
The establishment shall be well lighted and 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 each of the following levels: floor
level; 30 inches above floor level; and 50 inches above floor level. It shall
be the duty of the operator and its agents to ensure that the illumination
described above is maintained at all times that any patron is present in the
premises. Lighting shall not be controlled from within any booth.
(2)
The establishment shall 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 purposes of providing for the
secluded viewing of adult entertainment. Any room or other area used for the
purposes of viewing adult entertainment shall be readily accessible at all
times and shall be continuously open to view in its entirety.
C.
Upon the effective date of this chapter, the operator
of each adult-oriented establishment shall be responsible for and shall acquire
a permit and assure that its business and premises comply with all of the
requirements of this chapter.
D.
Every act or omission by an employee constituting a violation
of the provisions of this chapter shall be presumed the act or omission of
the operator, as such act or approval of the operator is presumed to be the
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 and independent contractors and patrons while on the licensed premises,
and any act or omission of any employee constituting a violation of the provisions
of this chapter shall be presumed to be the act or omission of the operator
for purposes of determining whether the operator shall be subject to the penalties
imposed by this chapter.
F.
All adult-oriented establishments shall be open to inspection
during any of their hours of operation as well as the normal workday by inspectors
as defined in this chapter.
G.
No adult-oriented establishment shall be permitted on
a site that is closer than 500 feet to an area zoned residential.
H.
No adult-oriented establishment shall be permitted on
a site that is closer than 1,000 feet to an existing school, church, or Town
facility.
A.
Any person, partnership or corporation who or which is
found to have violated this chapter shall be fined a definite sum not to exceed
$100 for each such violation.
B.
Each violation of this chapter shall be considered a
separate offense, and any violation continuing for more than one hour shall
be considered a separate offense for each hour of violation.
A.
Each operator or owner shall apply for and obtain a license
for the operation of the regulated business.
B.
Application shall be made to the Zoning Enforcement Officer
on such form as may be prescribed by him together with an application fee
of $100.
C.
The Zoning Enforcement Officer shall review the application
and refer it to all such other departments as may be required by this chapter
to review the application and/or facility. Only after receiving affirmative
responses from all such departments shall the Zoning Enforcement Officer issue
the permit.
D.
All permits shall be valid for a period of one year or
until September 1, whichever first occurs. All such permits will renew on
September 1.
E.
Renewal permits shall require the same application and
application fee and shall be reviewed in the same manner by the Zoning Enforcement
Officer. Failure of the applicant to file his application at least 30 days
before the permit expires shall be grounds for the Zoning Enforcement Officer
to decline to reissue the permit for a period not exceeding the delay, and
the facility shall not operate without a permit.
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.
