As used in this article, the following terms
shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still of motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas.
B.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity;
B.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right-of-way which advertises
the availability of this adult-type of photographic reproductions;
B.
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified sexual activities or by specified anatomical areas.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes, for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually
oriented business as a new business.
B.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business.
C.
The addition of any sexually oriented business
to any other existing sexually oriented business.
D.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY
A.
The appearance of a human bare buttock, anus,
male genitals, female genitals or female breast; or
B.
A state of dress which fails to opaquely cover
a human buttock, anus, male genitals, female genitals or areola of
the female breasts.
OPERATES OR CAUSES TO BE OPERATED
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner
or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation,
association, limited liability company or other legal entity.
RESIDENTIAL AND RELATED USES
Uses listed in Chapter
410, Zoning, of the Code of the City of Pawtucket as residential and related uses.
[Amended 7-25-1996 by Ch. No. 2420]
RESIDENTIAL DISTRICT
All zoning districts designated as RS, RT, RM, RL, RE and RD in Chapter
410, Zoning, of the Code of the City of Pawtucket.
[Amended 7-25-1996 by Ch. No. 2420]
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
B.
Activities between male and female persons and/or
persons of the same sex when one or more the persons is in a state
of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means.
C.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
[Amended 7-25-1996 by Ch. No. 2420]
Classification of sexually oriented businesses
are:
B. Adult bookstores or adult video stores.
E. Adult motion-picture theaters.
I. Sexual encounter centers.
The annual fee for a sexually oriented business
license is $3,000. The annual fee for an adult arcade machine is $1,000
per machine.
[Amended 6-6-1996 by Ch. No. 2413]
Each license shall expire on November 30 of
each year. Application for renewal should be made at least 30 days
before the expiration date.
[Amended 6-6-1996 by Ch. No. 2413]
A. The City Council shall suspend or revoke a license
if it is determined that a licensee or an employee of a licensee has:
(2)
Engaged in excessive use of alcoholic beverages
while on the sexually oriented business premises.
(3)
Refused to allow an inspection of the sexually
oriented business premises as authorized by this article.
(4)
Knowingly permitted gambling by any person on
the sexually oriented business premises.
(5)
Demonstrated an inability to operate or manage
a sexually oriented business in a peaceful and law-abiding manner
thus necessitating action by law enforcement officers.
(6)
Gave false or misleading information in the
material submitted to the City Clerk during the application process.
(7)
Has knowingly allowed possession, use, or sale
of controlled substances on the premises.
(8)
Has knowingly allowed prostitution on the premises.
(9)
Has knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended.
(11)
On two or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in §
193-11A(8)(a) for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed.
(12)
Has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation or sexual contact to occur in
or on the licensed premises.
(13)
Is delinquent in payment of City taxes or fees.
B. The fact that a conviction is being appealed shall
have no effect on the revocation of the license.
C. Subsection
A(12) does not apply to an adult motel as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
A licensee shall not transfer his or her license
to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
[Amended 5-24-2018 by Ch. No. 3160]
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of §
193-16 of this article is subject to a suit for injunction as well as prosecution for violations.