The Town Council of the Town of Newington, Connecticut, finds:
A. The operation of adult-oriented establishments in the
Town requires special regulation and supervision by the Town to protect, preserve
and promote the health, safety and welfare of the patrons of such establishments,
as well as the health, safety and welfare of the Town's citizens. Further,
protecting order and morality, preserving the character and preventing the
deterioration of the Town's neighborhoods, promoting retail trade, maintaining
property values, and ensuring sanitary and safe public places are desirable
objectives of the community and its leaders.
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 establishments, especially those which provide closed booths,
cubicles, studios and rooms for the private viewing of so-called "adult" motion
pictures and/or videotapes and/or live entertainment.
(2) Such closed booths, cubicles, studios and rooms have
been used by patrons, clients or customers of such adult-oriented establishments
for the purpose of engaging in specified sexual activities.
(3) Male and female prostitutes have been known to frequent
such establishments in order to provide sex for hire to the patrons, clients
or customers of such establishments within such 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 which are closed while such booths, cubicles, studios and rooms are
in use encourage patrons using such booths, cubicles, studios and rooms to
engage in specified sexual activities therein with prostitutes and/or with
other persons and/or by themselves, thereby promoting and encouraging prostitution
and the commission of specified sexual activities which cause blood, semen,
urine, or other bodily secretion to be deposited on the floors and/or walls
of such booths, cubicles, studios and rooms, which deposits could prove detrimental
to the health and safety of other persons who may come into contact with such
deposits.
(5) Booths, cubicles, studios and rooms which are closed
while such booths, cubicles, studios and rooms are in use often contain holes
that have been cut or smashed out of the walls or other partitioning material.
These holes permit the inhabitant of one booth to engage in specified sexual
activities with the inhabitant of the adjoining booth, cubicle, studio or
room. These so-called "glory holes" promote and encourage specified sexual
acts to occur between persons anonymously. Anonymous sexual contact poses
a higher risk of spread of communicable diseases, including the AIDS virus
and Hepatitis B, and other sexually transmitted diseases. Further, the existence
of "glory holes" in booths, cubicles, studios and rooms at adult-oriented
establishments provides an increased risk that blood, semen, urine, or other
bodily secretion will be deposited on the floors and/or walls of such booths,
cubicles, studios and rooms, which deposits could prove detrimental to the
health and safety of other persons who may come into contact with such deposits.
(6) Specified sexual activities often occur at unregulated
adult-oriented establishments which provide live adult entertainment. Specified
sexual activities include sexual physical contact between employees and patrons
of adult-oriented establishments, and specifically include "lap dancing" and/or
manual or oral touching or fondling of specified anatomical areas, whether
clothed or unclothed. Such casual sexual physical contact between strangers
may result in the transmission of communicable diseases which would be detrimental
to the health of the patrons and employees of such adult-oriented establishments.
(7) The unregulated operation of adult-oriented establishments
is associated with an increase in the incidence of sex-related crimes and
also has a disruptive effect on the surrounding neighborhood by causing excessive
noise, parking problems, the presence of discarded sexually oriented material
on residential lawns, and the performance of sexual acts in public places.
(8) The reasonable regulation and supervision of such adult-oriented
establishments tends to discourage prostitution, other sex-related crimes,
anonymous, high-risk sexual contact and/or high-risk unsanitary sexual activity,
excessive noise and property devaluement, thereby decreasing the incidence
of communicable diseases and sex-related crimes, and thereby promoting and
protecting the health, safety and welfare of the employees and the public
who patronize such establishments, and protecting the health, safety and property
interests of a Town and its citizens.
C. The continued unregulated operation of adult-oriented
establishments is and would be detrimental to the general welfare, health
and safety of the citizens of Newington.
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 in order
to protect the public health, safety and welfare.
E. It is not the intent of the Council in enacting this
chapter to deny to any person rights to speech protected by the United States
and/or state Constitutions, nor is it the intent of the Council to impose
any additional limitations or restrictions on the content of any communicative
materials including sexually oriented films, videotapes, books and/or other
materials. Further, by enacting this chapter, the 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/or state 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 following words and phrases shall
have the meanings indicated:
ADULT BOOKSTORE
An establishment having a substantial or significant portion of its
stock and trade in books, films, videocassettes 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 herein, and in conjunction therewith has facilities for
the presentation of adult entertainment, as defined herein, and including
adult-oriented films, movies or live entertainment, for observation by patrons
therein.
ADULT ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, 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. It also 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 herein, for observation
by patrons thereof.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of fewer 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 herein, 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 herein, for observation by patrons
therein.
ADULT-ORIENTED ESTABLISHMENT
Includes, without limitation, adult bookstores, adult motion-picture
theaters, 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, 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 or wherein an entertainer provides adult entertainment,
when such adult entertainment is held, conducted, operated or maintained for
profit, direct or indirect. 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.
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
The Director of Health of the Central Connecticut Health District,
the Chief of Police, the Fire Marshal, their agent or representative, or any
Town employee designated to make inspections for health, fire, building safety,
public safety, zoning purposes, violations of this chapter, or for violations
of other laws and ordinances of the Town.
MINOR
Deemed to refer 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, this term 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 new 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 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 human genitals, pubic region,
buttock(s), female breast(s) below a point immediately above the top of the
areola; and
B.
Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A.
Showing of human genitals in a state of sexual stimulation or arousal.
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia,
sadomasochistic abuse, fellatio or cunnilingus.
C.
Fondling or erotic touching of human genitals, pubic region, buttock(s)
or female breast(s).
E.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
D.
In addition to any fines or penalties imposed herein, this chapter may
be enforced by injunctive procedure in the Superior Court.