[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 8-6-2001.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 242.
This chapter shall be known as the "Adult-Oriented Business Establishments
Ordinance for the Town of Brookfield."
The Board of Selectman of the Town of Brookfield, Connecticut (hereinafter
the "Town") finds:
A.
There are or may in the future be adult-oriented business
establishments, hereinafter defined, located in or which may wish to locate
in the Town of Brookfield, which establishments require special regulation
and supervision from the Town's public safety agencies in order to protect
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 such
adult-oriented business establishments;
(2)
Persons under the age of eighteen may be attracted to
adult-oriented business establishments and seek to enter or loiter about them
without the knowledge or permission of their parents and guardians;
(3)
Closed booths, cubicles and rooms for private viewing
of adult-oriented materials is not conducive to the public health and safety
of the residents of the Town;
(4)
The Town wishes to discourage conditions which are likely
to lead to increases in crime, drug abuse, prostitution and adverse effects
on residential neighborhoods and property values;
(5)
Nude dancing, movie studios that depict principally pornographic
films for mature audiences, and sexual performances and similar activities
do not comport with the moral standards of this community, and that by a resolution
of the Town Meeting, it was found that such businesses should be regulated
to promote the health, safety and welfare of the residents of this Town and
the potential customers of any such establishments, and that not to do so
would be detrimental to the health, safety and welfare of the residents of
Brookfield;
(6)
The continued unregulated operation of adult-oriented
business establishments is and would be detrimental to the health, safety
and welfare of the citizens of the Town of Brookfield;
(7)
Despite restrictions, minors often manage to enter and
view adult materials in motion-picture theaters or video machines;
(8)
The Constitution and the laws of the State of Connecticut
grant the Town powers, especially regulatory and police powers, to enact legislation
in measure to regulate and supervise such adult-oriented business establishments
in order to protect the public health, safety and welfare; and
(9)
It is the intent of the Town in enacting this chapter
to impose such limitations and restrictions as may be allowed by the United
States Constitution and in keeping with the morals of this community, while
at the same time, allowing venues for an adult to obtain and/or view sexually
oriented materials from an establishment that chooses to locate within this
Town.
For the purpose of this section, the words and phrases used herein shall
have the following meanings unless otherwise clearly indicated by the context:
A public or private establishment in which 20% or more of the wholesale
value of its inventory, or 20% or more of its monthly sales, consist of adult
books, adult videos, adult novelties, adult magazines, which can be characterized
as "adult materials" because they emphasize matters depicting sexual activities
or sexual parts of the male or female anatomy or facsimiles of the same, and
are intended for adult viewing.
Includes any amusement machine that is regularly used for presenting
material distinguish or characterized by its emphasis on matters depicting,
describing or relating to sexual activities or anatomical areas of the human
body for viewing by adults eighteen years or older.
A public or private establishment which is licensed to serve food
or alcoholic beverages and which features nude or partially nude dancers,
gogo dancers, exotic dancers, strippers, or similar entertainers where the
emphasis is on depicting sexual activities or anatomical areas of the human
body consisting of male and female genitalia or female breasts.
An enclosed building with a capacity of less than fifty persons,
used regularly or routinely for presenting materials that have as a dominant
theme an emphasis on sexual activities or sexual anatomical areas of the human
body for observation by adults wherein minors are excluded by virtue of age.
An enclosed building with a capacity of fifty or more persons used
regularly or routinely for the presentation of motion pictures, films, videocassettes,
and similar visual media, characterized by an emphasis on matters depicting,
describing or relating to sexual activities or sexual anatomical areas of
the human body for observation by adults wherein minors are excluded by virtue
of age.
An establishment having 10% or more of its stock and trade in adult
materials, toys and other devices designed for sexual stimulation or wearing
apparel that exposes specific anatomical areas when worn that would otherwise
be covered by such articles of clothing.
A public or private establishment which is customarily not open to
the general public but only to one or more classes of the public, thereby
excluding any minor by reason of age, and whose principal activity includes
but is not limited to one or a combination of the following types of businesses:
adult amusement machines, adult bookstore, adult motion-picture theater and
adult mini-motion-picture theater, adult personal service establishment, adult
cabaret, adult video store, adult novelty business as well as 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 purposes of viewing adult entertainment, any premises to which the public,
patrons or members are invited, or admitted wherein an entertainer, as defined
below, 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, regardless of how such premises are advertised
or represented, but including, without limitation, adult entertainment studio,
rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling
studio, or any other term of like import, as well as adult cabaret, adult
novelty business, adult personal service business. Adult-oriented business
establishments shall not include a business that only has an accessory adult
use as a component of its merchandise or inventory.
An establishment, club, or business by whatever name designated which
offers or advertises or is equipped or arranged so as to allow a person to
provide personal services for a person of the same or other sex, where either
person is nude or partially nude, on an individual basis in an open or closed
room and which excludes minors by virtue of age. Such services or activities
include but are not limited to massages, body rubs, alcohol rubs, baths and
other similar treatments, as well as modeling studios, body painting studios,
wrestling studios, and individual theatrical performances. It does not include
the following specific uses and activities, performed by persons pursuant
to, and in accordance with, licenses issued to such persons by the State of
Connecticut:
Treatment by a licensed chiropractor, a licensed osteopath, a Connecticut-licensed
masseur or masseuse, a licensed practical nurse or a registered professional
nurse;
Electrolysis treatment by a licensed operator of electrolysis equipment;
Hospitals, nursing homes, medical clinics or medical offices;
Barbershops, or beauty parlors which offer massage to the scalp, the
face, the neck or shoulders only;
Athletic facilities of an educational institution, including alumni
club, or of a philanthropic or charitable institution; and
Health establishments, including commercial and noncommercial clubs,
which are equipped and arranged to provide instruction, services, or activities
which improve or affect a person's physical condition by physical exercise
or by massage. Physical exercise programs include aerobics, martial arts or
the use of exercise equipment.
Accredited educational institutions.
An establishment having 10% or more of its stock and trade in videotapes
or films for barter, sale or rent or for viewing on premises by use of motion-picture
devices or any other coin-operated means, and other printed materials and
other periodicals which are distinguished or characterized by their emphasis
on matters depicting or relating to specified sexual activities or specific
anatomical areas, as defined below.
The Board of Selectmen of the Town of Brookfield.
The Chief of Police of the Town of Brookfield or his designated agent.
Any and all persons, including independent contractors, who work
in or at or render any services directly related to the operation of an adult-oriented
business establishment.
Any person who engages in the performance of adult entertainment
within an adult-oriented business establishment, as defined in this section,
whether or not a fee is charged or accepted for such entertainment and whether
or not such person is an employee or an independent contractor.
An employee of the Brookfield Police Department, Health Department,
or the Fire Department, including the Fire Marshal, Building Department, Zoning
Enforcement Officer, and/or or other Town employees designated by the Chief
of Police, who shall hereby be authorized to inspect premises regulated under
this chapter, and to take the required actions authorized by this chapter
in case of violations being found on such premises, and to require corrections
of unsatisfactory conditions found on said premises.
Any person under the age of 18 years.
Any person, or any proprietor, shareholder, general partner, LLC
member or limited partner who holds twenty percent or more of the shares or
partnership interest or ownership interest of any business, which is operating,
conducting, owning or maintaining an adult business establishment.
Having any part of specified anatomical areas, as defined below,
less than completely or opaquely covered.
A use accounting for 10% or more of a business's stock and trade,
in display space, or floor space, or movie display time per month.
The sale, lease or sublease of the premises; the transfer of securities
which constitute a controlling interest in the business, whether by sale,
exchange or similar means; or the establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the business,
except for transfers by bequest or other operation of the law upon death of
the person possessing ownership or control.
All adult-oriented business establishments shall comply with the following
requirements:
A.
Such uses are only permitted in IRC 80/40 Zone north
of Production Drive.
B.
No such adult-oriented business establishment shall be
located within 500 feet of any residential structure.
C.
No such adult-oriented business establishment shall be
located within 500 feet of the property line of any public or private school
or other educational facility serving individuals under the age of 17 years,
day-care center or senior center.
D.
No such adult-oriented business establishment shall be
located within 500 feet of the property line of any lot containing a preexisting
establishment which sells alcoholic beverages (other than beer and wine) for
on-premises consumption, or within 500 feet of the property line of any lot
containing a preexisting restaurant or other food service establishment which
does not sell alcoholic beverages (other than beer or wine) for on-premises
consumption.
E.
No such adult-oriented business establishment shall be
located within 500 feet of another such establishment.
F.
For purposes of compliance with these separation requirements, distances shall be measured in a straight line, without regard to intervening structures or objects, from the principle entrance of the building containing or proposing to contain an adult-oriented business establishment to the nearest boundary of the uses specified in Subsections A, B, C, and D above.
G.
In accordance with Connecticut General Statutes § 8-6,
these regulations shall not be varied by the Zoning Board of Appeals to accommodate
the location of an adult-oriented business establishment.
H.
No adult-oriented business establishment shall allow,
feature or exhibit employees or entertainers who are nude or partially nude
where live specific anatomical areas are exposed to patrons.
I.
No adult-oriented business establishment shall remain
open between the hours of 11:00 p.m. and 8:00 a.m.
J.
No adult-oriented business establishment shall include
or feature live entertainment involving the touching or displaying of specific
anatomical areas or in any way displaying, featuring, performing or simulating
live specific sexual activities.
A.
An adult-oriented business establishment shall be permitted
one single-faced sign affixed to the building where the permitted use is located
that contains the name of the establishment or otherwise refers to the permitted
use, provided that the total area of said sign shall not exceed the area allowed
in § 242-306F(4).
B.
Each adult-oriented business establishment must post
and maintain a sign twenty four inches by six inches on the exterior of the
building adjacent to its main entryway indicating "ADULTS ONLY" with letters
five inches in height.
C.
Entrance and exit signs shall be allowed pursuant to
§ 242-306F(6) of the Zoning Regulations. No other signage is allowed,
except as set forth in this section.
No adult entertainment shall be conducted in a matter that permits the
observation of any material or novelties depicting, describing, or relating
to specified sexual activities or specific anatomical areas from any public
way or from any property not registered as an adult-oriented business establishment.
This requirement shall also apply to any display, decoration, sign, show window
or other opening.
A.
All existing or proposed adult-oriented business establishments
shall, within 30 days of the effective passage of this chapter or prior to
the opening of business, register with the Zoning Enforcement Officer and
provide the following information:
(1)
The street address of the premises;
(2)
The name of the owner of the premises, or the names of
the beneficial owners if the property is in a trust;
(3)
The address of the operator and owner or the beneficial
owners;
(4)
The trade name of the adult-oriented business establishment;
(5)
The name(s) and address(es) of the owner, beneficial
owner, partners, limited partners or the major stockholders of the adult-oriented
business establishment;
(6)
The date of initiation of the adult-oriented business
establishment;
(7)
If the building or premises is leased, a copy of said
lease shall be furnished;
(8)
A description of the business's principal activity
and the nature and type of adult-oriented business establishment to be conducted
on the premises;
(9)
A description of the anticipated percentage of stock
or inventory that will be of an adult-oriented nature;
(10)
A description of all signs visible from the exterior
of the premises;
(11)
A description of any proposed window displays or the
manner in which windows will be covered;
(12)
A schematic showing of the layout or proposed layout
of the interior of the business establishment.
B.
Upon filing of this information, the Zoning Enforcement
Officer shall automatically issue a certificate of registration within 10
days. The Zoning Enforcement Officer shall require proof of posting of the
"ADULTS ONLY" sign as called for under these regulations. The failure of any
adult-oriented business establishment to obtain a certificate of registration
shall be deemed a violation of this chapter entitling the Zoning Enforcement
Officer to issue a cease-and-desist order. Any appeals from the cease-and-desist
order shall be handled in accordance with Connecticut General Statutes § 8-8.
No cease-and-desist order will stay the operation of the establishment unless
the Zoning Enforcement Officer seeks and obtains a court-ordered injunction.
During any administrative appeal or injunction proceedings, the Zoning Enforcement
Officer shall carry the burden of proof.
Should any court of competent jurisdiction declare any section, clause
or provision of this chapter 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 chapter.
In addition to the injunctive relief and other statutory remedies afforded
to the municipality, any violation of this chapter shall be subject to a fine
of $100. Each day of violation shall be considered a separate offense.
Any adult-oriented business establishment may be inspected during its normal business hours by an inspector as defined herein to ensure compliance with this chapter. Any violation of this chapter, in addition to the other enforcement mechanisms available, may be referred to the Zoning Enforcement Officer for the issuance of a cease-and-desist order to be prosecuted in accordance with § 78-7 above or to the Police Department for appropriate enforcement.
A.
Requirements of the operator.
(1)
Every act or omission by an employee constituting a violation
of the provisions of this chapter 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.
(2)
An operator of an adult-oriented establishment shall
be responsible for the conduct of all employees while on the premises of such
establishment, and any act or omission of any employee constituting a violation
of the provisions of this chapter shall be deemed the act or omission of the
operator for purposes of determining whether the operator shall be subject
to the penalties imposed by this chapter.
(3)
No operator or employee of an adult-oriented establishment
shall allow or permit any minor or intoxicated person to loiter in any part
of such establishment, including parking lots immediately adjacent to such
establishment used by patrons of such adult-oriented establishment.
(4)
Every adult-oriented business establishment in Town on
or after September 1, 2001, shall be well-lit at all times in the interior
and shall be physically arranged in such a manner as to prohibit booths, cubicles
or stalls. All portions of the premises shall be readily accessible and open
and well-lit at all times in their entirety by overhead lighting fixtures
of sufficient intensity to illuminate every place to which a patron is permitted
access, at not less than one footcandle as measured from the floor level.
It shall be the duty of the operator and its employees to ensure that the
illumination described above is maintained at all times of hours of operation.
(5)
The operator shall insure compliance of the adult-oriented
business establishment and its patrons with the provisions of this chapter.
B.
Inspections. An operator or an applicant for a license
to operate an adult-oriented business establishment shall permit representatives
of the Police Department, Health Department, Fire Department, Building Department
and/or any other inspector as defined above to inspect the premises of an
adult-oriented business for the purpose of ensuring compliance with the law,
at all reasonable times.
C.
Police Department license required. The operator of each
adult-oriented establishment shall be responsible for and shall acquire a
license from the Town in the following manner:
(1)
The premises may be inspected by the Town Health Department,
Fire Department, Building Department and Zoning Enforcement Officer within
60 days of receipt of the complete application. If the premises are in compliance
with state and local health, fire and building codes and zoning regulations,
a license shall be issued within 90 days of receipt of the complete application
unless the applicant is deemed unqualified.
(2)
An applicant shall be unqualified if one or more of the
following is true:
(a)
An applicant is under 18 years of age;
(b)
An applicant is overdue in payment to the Town of taxes,
fees, fines, or penalties assessed against him or imposed upon him in relation
to an adult-oriented business;
(c)
An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question or
request for information on the application form;
(d)
An applicant has violated a provision of this chapter
within two years immediately preceding the application;
(e)
The premises to be used for the adult-oriented business
have not been approved by the Town Health Department, Fire Department and
Building Department, as being in compliance with applicable laws, ordinances
and regulations, within 60 days of the filing of the application;
(f)
An applicant is in violation Article V, § 242-501
et seq. of the Town of Brookfield Zoning Regulations;
(g)
The license fee required herein has not been paid at
the time the application was filed with the Chief of Police;
(h)
An applicant has been employed in an adult-oriented establishment
in a managerial capacity within the preceding 36 months and knowingly:
[1]
Permitted alcohol liquor or cereal malt beverages to
be illegally brought or consumed upon the premises;
[2]
Permitted the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
[3]
Permitted any person under the age of 18 to be in or
upon the premises of an adult-entertainment business; or
[4]
Permitted the act of prostitution or patronizing prostitution,
as defined under state law, on the premises.
(i)
An applicant has been convicted or has plead nolo contendere
to a felony within five years immediately preceding the application or has
been convicted of or plead nolo contendere within two years immediately preceding
the application where such misdemeanor involved sexual assaults or batteries,
prostitution, indecent exposure, sexual abuse of a child, child pornography
or the sale or distribution of controlled substances or illegal drugs or narcotics.
(3)
If an applicant is deemed unqualified, said rejection
shall be in writing and shall specifically state the evidence presented and
reason for rejection and shall be sent to the applicant by registered mail
as further provided in this chapter.
(4)
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration date,
and the address of the adult-oriented business. The license shall be posted
in a conspicuous place at or near the entrance to the adult-oriented business
so that it may be easily read at any time.
A.
This application shall include the information called for in Subsection A(1) through (9) below. If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information in Subsection A(1) through (9) below, the application shall state the date of formation of the organization and the information called for in Subsection A(2) through (6) of this section with respect to each officer, director, general partner and all other persons with authority to participate directly and regularly in management of the business, but such information need not be provided with respect to attorneys, accountants and other persons whose primary function is to provide professional assistance to the licensee.
(1)
The name, business location, business mailing address
and phone number of the proposed adult-oriented business establishment.
(2)
The full true name and any other names, aliases or stage
names used in the preceding five years.
(3)
Current residential mailing address and telephone number.
(4)
Written proof of age, in the form of a birth certificate,
current driver's license with picture, or other picture identification
document issued by a governmental agency.
(5)
The issuing jurisdiction and the effective dates of any
license or permit relating to an adult-oriented business or adult service,
whether any such license or permit has been revoked or suspended and, if so,
the reason or reasons therefor.
(6)
All criminal charges, complaints or indictments in the
preceding five years which resulted in a conviction or a plea of guilty or
nolo contendere.
(7)
The name and address of a statutory agent or other agent
authorized to receive service of process.
(8)
The name(s) of the adult-oriented business manager(s)
who will have actual supervisory authority over the operations of the business.
(9)
An accurate, to scale, but not necessarily professionally
drawn, floor plan of the business premises clearly indicating the location
of one or more manager's stations.
A license fee of $1,500 shall be submitted with the application for
a license. If the application is denied, 1/2 of the fee shall be returned.
A.
Each license shall expire one year from the date of issuance
and may be renewed annually by making application as provided in this chapter.
Application for renewal shall be made at least 30 days before the expiration
date, to allow Town officials to review the application in a timely manner.
However, when an application for renewal is made less than 90 days before
the expiration date, the expiration of the license will not be affected.
B.
An annual license renewal fee of $750 shall be submitted
with the application for renewal. In addition to the renewal fee, a late penalty
of $100 shall be assessed against the applicant who files for renewal less
than 90 days before the license expires. If the application for renewal is
denied, 1/2 of the total fees collected shall be returned.
C.
No adult-oriented establishment shall operate if its
license expires by lapse of time.
The Chief of Police shall suspend a license for a period not to exceed
30 days if he determines that an operator or an employee of an operator has
violated any part of this chapter or violated any state statute regarding
the subject establishment.
A.
The Chief of Police shall revoke a license if a cause
of suspension in this chapter occurs and the license has been suspended within
the preceding 12 months.
B.
The Chief of Police shall revoke a license if he determines
that:
(1)
An operator gave false or misleading information in the
material submitted during the application process;
(2)
An operator or an employee of an operator has knowingly
allowed possession, use or sale of controlled substances on the premises of
the adult-oriented business;
(3)
An operator or an employee of an operator has knowingly
allowed or promoted prostitution on the premises of the adult-oriented business;
(4)
An operator or an employee of an operator has knowingly
operated the adult-oriented establishment during a period of time when the
operator's license was suspended;
(5)
An operator or an employee of an operator has knowingly
allowed or, as a result of his or her negligent failure to supervise, has
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation
or sexual contact to occur in or on the premises of the adult-oriented establishment;
(6)
Any operator is convicted or pleads guilty or nolo contendere
to an offense stated above.
C.
An operator whose license is revoked shall not be eligible
to receive a license for one year from the date of revocation.
A.
Any person, partnership or corporation who is found to
have violated this section shall be fined a defined sum not to exceed $100
for each such violation.
B.
Each violation of this section 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.
A.
An operator shall not transfer his or her license to
another, nor shall an operator operate an adult-oriented establishment under
the authority of a license at any place other than the address designated
in the application.
B.
The transfer of a license or any interest in a license
shall automatically and immediately revoke the license.
If the Chief of Police denies the issuance of a license, or suspends
or revokes a license, he shall, within 10 days of his decision, send to the
applicant or operator at the address listed on the application, by certified
mail, return receipt requested, written notice of his decision and further
shall specifically state the evidence presented, the reason for the decision,
and the right to an appeal. The aggrieved party may appeal the decision to
the Board of Police Commissioners within 30 days of receipt of the notice.
The Board must render a decision within 45 days of receipt of the appeal.
The aggrieved party may file an appeal from the Board of Police Commissioners
directly to the Superior Court for the Judicial District of Ansonia-Milford
within 15 days of issuance of notice of denial of the appeal from the Board
of Police Commissioners. The filing of an appeal stays the action of the Town
in suspending or revoking a license under the Board of Commissioners. The
filing of an appeal stays the action of the Town in suspending or revoking
a license until the Board of Police Commissioners or Superior Court makes
a final decision. Nothing in this section shall prevent the Town from proceeding
with an injunction action as provided for herein.
A person who operates or causes to be operated an adult-oriented business
without a valid license is subject to a suit for injunction.
