The statement of intent of this chapter shall
be to regulate adult-oriented establishments.
A. The Town Council of the Town of Wethersfield, Connecticut,
finds that adult-oriented establishments in the Town of Wethersfield
require special supervision from the Town's public safety agencies
in order to protect and preserve the health, safety and welfare of
the Town's citizens.
B. The continued unregulated operation of adult-oriented
establishments is and would be detrimental to the general welfare,
health and safety of the citizens of Wethersfield and especially its
youth.
C. 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.
D. It is not the intent of the Town Council in enacting
this chapter to deny to any person rights to speech protected by the
United States and Connecticut Constitutions, nor is it the intent
of the Council to impose any additional limitations or restrictions
on the contents of any communicative materials, including sexually
oriented films, videotapes, books and/or other materials. Further,
by enacting this chapter, the Town Council does not intend to deny
or restrict the rights of any adult to obtain and/or view any sexually
oriented materials protected by the United States and Connecticut
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.
For the purpose of this chapter, the words and
phrases used herein shall have the following meanings, unless otherwise
clearly indicated by the context:
ADULT AMUSEMENT MACHINE
Includes any amusement machine that is 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 BOOKSTORE
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 including adult-oriented films, movies or live entertainment,
for observation by patrons therein.
ADULT ENTERTAINMENT
Includes any exhibition of any adult-oriented motion pictures,
videos, 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 MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 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
An enclosed building with a capacity of 50 or more 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-ORIENTED ESTABLISHMENT
Includes, without limitation, adult bookstores, adult motion-picture
theaters, adult video galleries, adult mini-motion-picture theaters,
and further means any premises to which the public, patrons or members
are invited or admitted and 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, or which premises 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. 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 an adult entertainment studio, rap studio,
exotic dance studio, encounter studio, sensitivity studio, modeling
studio or any other term of like import.
AMUSEMENT MACHINE
Includes any machine which, upon the payment of a charge
or upon the insertion of a coin, slug, token, plate or disk, may be
operated by the public for use as a game, entertainment or amusement,
whether or not registering a score and whether or not electronically
operated, and shall include but not be limited to such devices as
pinball machines, skill ball, mechanical grab machines, electronic
baseball, football, hockey or basketball machines, any and all air-propelled
machines or games, pool tables, shooting games, any and all video
games and all other games, operations similar thereto under whatever
name they may be indicated, including video-monitoring machines. This
definition shall not apply to those items generally described as jukeboxes
or billiard tables or pool tables in billiard or pool parlors solely
designated as such and permitted under the Zoning Ordinance.
COUNCIL
The Town Council of the Town of Wethersfield, Connecticut.
EMPLOYEE
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 establishment.
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 independent contractor.
INSPECTOR
An employee of the Town of Wethersfield authorized and designated
by the Director of Health or the Zoning Enforcement Officer, or an
employee of the Wethersfield Building Division or a member of the
Wethersfield Police Division, or the Fire Marshal of the Town of Wethersfield,
or an agent of any or all of such persons who is designated to inspect
premises regulated under this chapter or any other ordinances, state
or federal laws in case of violations being found on such premises,
and to require corrections of unsatisfactory conditions found on said
premises.
MINOR
Refers to a person under the age of 18 years.
OPERATOR
Any person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment.
SEXUAL ACTIVITIES
As used in this chapter, 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
25% 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 describes current events and
which, from time to time, publishes photographs or nude or seminude
persons in connection with the dissemination of the news. Nor does
this definition apply 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.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic regions.
(3)
Female breasts below a point immediately above
the top of the areola.
B.
Human male genitals in a discernibly turgid
state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation
or arousal.
B.
Acts of human masturbation, sexual intercourse
or sodomy.
C.
Fondling or erotic touching of human genitals,
pubic region, buttock or female breasts.
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.