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 ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, live performance,
display or dance of any type, which 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 MEDIA OUTLET
A business engaging in the barter, rental or sale of items consisting
of books, magazines, periodicals, other printed matter, pictures, slides,
records, audiotapes, videotapes, compact discs, motion pictures, films or
other media, if such business is open to the public, patrons or members; or
if a substantial or significant portion of such items are distinguished or
characterized by an emphasis on the depiction or description of "specified
sexual activities" or "specified anatomical areas." For the purposes of this
definition, factors indicating that a "substantial or significant" portion
of a business is devoted to the sale or rental of such items include without
limitation any one or more of the following criteria:
A.
Thirty-five percent or more of all inventory consists of such items
at any time;
B.
Thirty-five percent or more of the merchandise displayed for sale consists
of such items at any time;
C.
Thirty-five percent or more of the stock in trade consists of such items
at any time;
D.
Thirty-five percent or more of the floor area of the business (not including
storerooms, stock areas, bathrooms, basements or any portion of the business
not open to the public) is devoted to such items at any time;
E.
Thirty-five percent or more of the sales, measured in dollars over any
consecutive ninety-day period, is derived from such items.
F.
Thirty-five percent or more of the number of sales transactions, measured
over any consecutive ninety-day period, is of such items;
G.
Thirty-five percent or more of the dollar value of all merchandise displayed
at any time is attributable to such items.
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 NEWSRACK
Any coin or card operated device that offers for sale by dispensing
printed material which is distinguished or characterized by its emphasis on
matter depicting, describing or relating to specified sexual activities or
specified anatomical areas.
ADULT-ORIENTED ESTABLISHMENT
Includes, without limitation, "adult media outlet," "adult motion
picture theaters," "adult mini-motion picture theaters," "adult newsracks"
and "adult retail establishments" and further means 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 purpose of viewing
adult-oriented motion pictures, or any premises 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. 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.
ADULT RETAIL ESTABLISHMENT
A business which offers for sale or rent instruments, devices, gifts
or paraphernalia which are designed or marketed for use in connection with
"specified sexual activities," clothing that graphically depicts "specified
anatomical areas" or any of the materials sold or rented in an "adult media
outlet" as defined above, if a substantial or significant portion of such
items are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical
areas." For purposes of this definition, a "substantial or significant" portion
of a business shall be determined by reference to the factors, without limitation,
set forth in the definition of "adult media outlet." In determining whether
an item is "designed or marketed for use" in connection with specified sexual
activities, the following guidelines may be considered:
A.
Expert testimony as to the principal use of the item;
B.
Evidence concerning the total business of a person or business establishment
and the type of merchandise involved in the business;
C.
National and local advertising concerning the use of the item;
D.
Evidence of advertising concerning the nature of the business establishment;
E.
Instructions, graphics or other material contained on the item itself
or on the packaging materials for the item;
F.
The physical or structural characteristics of the item;
G.
The manner in which the item is displayed, including its proximity to
other regulated merchandise or signage relating to items in a display area.
BOARD
The Board of Selectmen of the Town of Orange, 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 as an independent contractor.
INSPECTOR
An employee of the Town Police Department, Health Department, Fire
Department, including the Fire Marshal, Building Department, the Zoning Enforcement
Officer and/or any other town employee 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.
MINOR
A person under the age of 18 years.
OPERATOR
Any person, or any proprietor, shareholder, general partner or limited
partner who holds 20% or more of the shares or partnership interest of any
business which is operating, conducting, owning or maintaining an adult-oriented
establishment.
SEXUAL ACTIVITY
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 denote at least 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 of nude or semi-nude
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 semi-nude persons when describing cultures in which nudity or semi-nude
is indigenous to the population.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region;
(3)
Female breasts 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
Includes any of the following:
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Sex acts, actual or simulated, of human masturbation, sexual intercourse,
or sodomy;
C.
Fondling or erotic touching of human genitals, pubic region, buttocks
or female breasts.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT-ORIENTED ESTABLISHMENT
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; or
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
ownership or control.
The operator of each adult-oriented establishment shall be responsible
for and shall acquire a license from the town in the following manner:
A. The operator(s) as defined in §
160-2 above of each adult-oriented establishment shall submit an application to the Chief of Police, upon a form to be provided by the Chief of Police. Within 90 days after receipt of a completed application for an adult-oriented business license, the Chief of Police shall mail to the applicant a license or a notice of intent to deny. If he fails to do so, the license shall be deemed granted. The application shall be deemed complete when the Chief of Police has received the fees, all information required in §
160-5 below, photograph and fingerprints of the applicant and, in the case of a corporation or other business organization, photographs and fingerprints of all persons for whom information is required under §
160-5 of this chapter.
B. The premises must 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.
C. An applicant shall be unqualified if one or more of the
following is true:
(1) An applicant is under 18 years of age;
(2) 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;
(3) 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;
(4) An applicant has violated a provision of this chapter
within two years immediately preceding the application;
(5) 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;
(6) An applicant is in violation of Chapter
383, Zoning;
(7) The license fee required by §
160-6 of this chapter has not been paid at the time the application was filed with the Chief of Police;
(8) An applicant has been employed in an adult-oriented establishment
in a managerial capacity within the preceding 36 months and knowingly:
(a) Permitted alcoholic liquor or cereal malt beverages to
be illegally brought or consumed upon the premises;
(b) Permitted the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
(c) Permitted any person under the age of 18 to be in or
upon the premises of an adult entertainment business; or
(d) Permitted any act of prostitution or patronizing prostitution
as defined under state law on the premises.
(9) An applicant has been convicted of 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 sale or distribution of controlled substances or illegal drugs
or narcotics.
D. 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 §
160-12 of this chapter.
E. 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 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.
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.
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 until the Board of Police Commissioners or Superior Court makes a final decision. Nothing in this paragraph shall prevent the town from proceeding with an injunction action pursuant to §
160-13 hereof.
A person who operates or causes to be operated an adult-oriented business
without a valid license is subject to a suit for injunction.