[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 9-3-1997 by Ord. No. 183-97; amended in its entirety 10-6-1997 by Ord. No. 184-97. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Massage parlors — See Ch. 172.
The intent of this chapter is to regulate uses which, because of their very nature, are recognized as having serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulations of these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
For the purposes of this chapter, the following definitions shall apply:
ADULT BOOKSTORE
An establishment having a substantial or significant portion of its stock-in-trade, books, magazines, films for sale or viewing on premises by uses of motion-picture devices or any coin-operated means, 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 or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which feature topless dancers, strippers, male or female impersonators or similar entertainers or acts relating to specific sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity for less than 50 persons used for material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used regularly and routinely for material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
SPECIFIED ANATOMICAL AREA
A. 
Less than completely and opaquely covered:
(1) 
Human genitals; pubic region.
(2) 
Buttock.
(3) 
Female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely and 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 other erotic touching of human genitals, pubic region, buttocks or female breast.
Regulated uses include all adult uses which include, but are not limited to, the following: adult bookstore, adult entertainment cabaret, adult mini-motion-picture theater and adult motion-picture theater.
A. 
Adult uses shall be permitted, subject to the following restrictions:
(1) 
No such adult use shall be allowed within 750 feet of another existing adult use. The 750 feet shall be the straight horizontal distance from any part of a building housing an adult use to any part of the other building housing an adult use, as measured by the Town Engineer.
(2) 
No such adult use shall be located within 750 feet of any zoning district which is zoned residential use. The 750 feet shall be the straight horizontal distance from any part of a building housing an adult use to any boundary of a zoning district which is zoned for residential use, as measured by the Town Engineer.
(3) 
No such adult use shall be located within 750 feet of a preexisting school, child day-care center, private home day-care center, public park, nursing home, hospital, Town-owned building, video store with a specified adult section or place of worship. The 750 feet shall be the straight horizontal distance, as measured by the Town Engineer, from any part of a building housing a school, child day-care center, private home day-care center, public park, nursing home, hospital, Town-owned building, video store with a specified adult section or place of worship.
B. 
The provisions of Subsection A(1) through (3) above shall not be deemed to be retroactive, except that any building or premises being used for adult uses as defined herein whose use for such purpose shall be discontinued for a period of 30 days shall thereafter conform to these regulations.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
A. 
The owner of a building or premises, his/her agent for the purposes of managing, controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register with the Zoning Enforcement Officer the following information:
(1) 
The address of the premises.
(2) 
The name of the owner of the premises and names of the beneficial owners if the property is in a land trust.
(3) 
The address(es) of the owner and the beneficial owners.
(4) 
The name of the business or the establishment subject to the provisions of § 71-3.
(5) 
The name(s) of the owner, beneficial owner or the major stock holders of the business or the establishment subject to the provisions of § 71-3.
(6) 
The address(es) of those persons named in Subsection A(5).
(7) 
The date of initiation of the adult use.
(8) 
If the building or premises is leased, a copy of said lease shall be attached.
B. 
It shall be unlawful for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without first having properly registered and received certification of approved registration; preexisting adult uses prior to the effective date of this chapter shall register within 10 days of the effective date of this chapter.
C. 
The owner, manager or agent of a registered adult use shall display a copy of the registration form approved by the Zoning Enforcement Officer in a conspicuous place on the premises.