This chapter shall be known as the "Adult-Oriented Establishment Ordinance
for the Town of Branford."
For the purposes of this chapter, the words and phrases herein shall
have the following meanings, unless otherwise clearly indicated by the context:
ADULT AMUSEMENT MACHINE
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 below, for observation by patrons therein.
ADULT BOOKSTORE
An establishment having a substantial or significant portion of its
stock and trade in books, films, video cassettes 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.
ADULT ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, live performance,
display or dance of any, 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.
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 a principle
emphasis on matters depicting, describing or relating to specified sexual
activities or specified anatomical areas, as defined below, for observation
by patrons therein.
ADULT-ORIENTED ESTABLISHMENT (AOE)
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 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 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
profit, direct or indirect.
EMPLOYEES
Any and all persons, including independent contractors, who work
in or at or render any services directly related to the operation of an AOE.
ENTERTAINER
Any person who provides entertainment within an AOE 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.
INSPECTOR
An employee of the East Shore Health District authorized and designated
by the Director of Health, or the Zoning Enforcement Officer, or an employee
of the Branford Building Department or a member of the Branford Police Department,
or the Fire Marshal of any fire districts, or an agent of any or all of such
persons who is designated 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
Refers to a person under the age of 18 years.
OPERATOR
Any person, partnership or corporation operating, conducting or maintaining
an AOE.
SEXUAL ACTIVITIES
As used in this chapter, is not intended to include any medical publications
or films or bona fide educational publications or films, nor does it include
any art or photography publications that devotes at least 25% of its lineage
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.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region.
(3)
Breasts below a point immediately above the top of the areola.
B.
Male genitals in a discernibly turgid state, even if completely 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 erotic touching of human genitals, pubic region, buttocks
or breasts.