[Adopted 2-10-1977 by Ord. No. 77-6]
A.
The purpose of this article is to control and regulate
the distribution, sale, circulation and exposure of magazines, pictures,
drawings, photographs and other publications devoted to the presentation
and exploration of sexual acts, normal or perverted, lust, passion,
depravity, nudity, immorality and the distribution and sale of devices,
implements and other materials designed to sexually stimulate.
B.
It is further declared that the operation of any establishment,
public or private, as a massage parlor, bath parlor or any similar
type of business where any physical contact with the recipient of
such service is provided by a person of the opposite sex is a matter
of public concern, and the provisions hereinafter described are enacted
and their necessity in the public interest is hereby declared as a
matter of legislative determination.
As used in this article, the following terms
shall have the meanings indicated:
Any business or business operation which sells, distributes
or otherwise conveys any obscene materials described in the definition
of "obscene" herein.
That which to the average person applying contemporary community
standards, when considered as a whole, has as its dominant theme or
purpose an appeal to the prurient interest. Any magazine, picture,
drawing, photograph or other publication and any mechanical or electronic
gadget, implement or device designed to sexually stimulate shall be
obscene within the meaning of this article, if it is established that:
The dominant theme of the material taken as
a whole appeals to the prurient interest;
The material is patently offensive because it
affronts contemporary community standards relating to the description
or representation of sexual matters; and
The material is utterly without redeeming social
value or the work taken as a whole lacks serious artistic, literary,
political or scientific value.
Any individual, firm, corporation, partnership or any other
type or form of business which may be conducted in this state.
A.
It shall be unlawful for any person, as defined herein,
to:
(1)
Operate any establishment, regardless of whether it
is a public or private facility, as a massage parlor, bath parlor
or any similar type business where any physical contact with the recipient
of such service is provided thereby resulting in sexual conduct.
(2)
Use or occupy any building, structure or premises
as an adult bookstore, as herein defined.
B.
It shall not be a violation of this article to sell
magazines that may fall within the prohibitions of this article, provided
that they are not openly exposed to public view.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No.
06-2]
B.
A violation of § 149-3A shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality on the premises.
C.
Every day that the provisions of this article are
violated by any person, as defined herein, shall be a separate and
distinct violation of this article.