[HISTORY: Adopted 1-4-1999 by the Board of Selectmen of
the Town of Somers, effective 1-22-1999. Amendments noted where applicable.]
The Board of Selectmen of the Town of Somers,
Connecticut, finds:
A.
Adult-oriented establishments require special supervision
from the Town's public safety agencies in order to protect and preserve
the health, safety and welfare of the patrons of such establishments,
as well as the health, safety and welfare of the Town's citizens.
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; and
(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 certain sexual acts;
and
(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; and
(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 sexual acts therein with prostitutes or others,
thereby promoting and encouraging prostitution and the commission
of sexual acts which cause blood, semen and urine 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; and
(5)
The reasonable regulation and supervision of such
adult-oriented establishments tends to discourage such sexual acts
and prostitution and thereby promotes the health, safety and welfare
of the patrons, clients and customers of such establishments.
C.
Unregulated operation of adult-oriented establishments, including, without limitation, those specifically cited at Subsection A hereof, is and would be detrimental to the general welfare, health and safety of the citizens of Somers.
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 as hereinafter defined in order to protect the public
health, safety and welfare.
E.
It is not the intent of the Board of Selectmen, 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 Board of Selectmen to impose any additional limitations or
restrictions on the contents of any communicative materials, including
sexually oriented films, videotapes, books and/or other materials.
Further, by enacting this chapter, the Board of Selectmen 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.
As used in this chapter, the following terms
shall have the meanings indicted:
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 below,
and in conjunction therewith has facilities for the presentation of
adult entertainment, as defined below, and including adult-oriented
films, movies or live entertainment, for observation by patrons therein.
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.
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 below,
for observation by patrons therein.
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.
Shall include, 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 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.
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.
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 an independent contractor.
An employee of the Town of Somers designated by the First
Selectman 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.
A person under the age of 18 years.
Any person or any proprietor, shareholder, general partner
or limited partner who holds 25% or more of the shares or partnership
interest of any business which is operating, conducting, owning or
maintaining an adult-oriented establishment.
As used in this chapter, 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
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 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.
A.
No operator or employee of an adult-oriented establishment
shall allow or permit any minor or intoxicated person to loiter in
any part of such establishment, including parking lots immediately
adjacent to such establishment used by patrons of such adult-oriented
establishment.
B.
Every adult-oriented establishment doing business
in the Town on or after the effective date of this chapter shall be
well lighted at all times and be physically arranged in such a manner
that the entire interior portion of the booths, cubicles, rooms or
stalls wherein adult entertainment is provided shall be clearly visible
from the common areas of the premises. Visibility into such booths,
cubicles, rooms or stalls shall not be blocked or obscured by doors,
curtains, partitions, drapes or any other obstruction whatsoever.
It shall be unlawful to install enclosed booths, cubicles, rooms or
stalls within adult-oriented establishments for whatever purpose,
but especially for the purpose of providing for the secluded viewing
of adult-oriented motion pictures or other types of adult-oriented
entertainment.
C.
Upon the effective date of this chapter, the operator
of each adult-oriented establishment shall be responsible for and
shall provide that any room or other area used for the purpose of
viewing adult-oriented motion pictures or other types of live adult
entertainment shall be well-lighted and readily accessible at all
times and shall be continuously open to view in its entirety. The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than 1.0 footcandle as measured
at the floor level. It shall be the duty of the operator and his agents
to ensure that the illumination described above is maintained at all
times that any patron is present in the premises.
D.
Every act or omission by an employee constituting
a violation of the provisions of this chapter shall be deemed the
act or omission of the operator if such act or omission occurs either
with the authorization, knowledge or approval of the operator or as
a result of the operator's negligent failure to supervise the employee's
conduct, and the operator shall be punishable for such act or omission
in the same manner as if the operator committed the act or caused
the omission.
E.
An operator shall be responsible for the conduct of
all employees while on the licensed premises, and any act or omission
of any employee constituting a violation of the provisions of this
chapter shall be deemed the act or omission of the operator for purposes
of determining whether the operator shall be subject to the penalties
imposed by this chapter.
F.
All adult-oriented establishments shall be open to
inspection at all reasonable times by an inspector employed by the
Town or such other person(s) as the First Selectman may designate.
G.
No adult-oriented establishment shall be permitted
on a site that is less than 1,000 feet from any lot that is zoned
for residential uses or any lot that contains other adult-oriented
establishments or any lot containing an existing residential use or
from any building or premises used for the purpose of a hotel, motel,
public schools (or a duly authorized school other than a public school,
conducted for the instruction of children under 18 years of age and
giving instruction at least three days a week for eight or more months
a year), a church, charitable institution (whether supported by public
or private funds), hospital, convalescent home, cemetery, library,
museum, child day-care center, park or recreation facility, public
playground, municipal fire or police station or municipal Town Hall.
The required minimum distance shall be determined by measuring along
a radius from the property of the use in question to the nearest property
line of any protected use.
A.
Any person, partnership or corporation who or which
is found to have violated this chapter shall be fined a definite sum
not exceeding $100 for each such violation.
B.
Each violation of this chapter shall be considered
a separate offense, and any violation continuing more than one hour
of time shall be considered a separate offense for each hour of violation.
