The Town Meeting of the Town of Colchester, Connecticut, finds:
A. Adult-oriented business require supervision from the
Town's public safety and zoning enforcement 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. This chapter is designed to protect retail trade, prevent
crime, maintain property values, preserve the quality of neighborhoods and
residential districts and address related concerns about littering, traffic
and public indecency.
C. Statistics and studies performed by a substantial number
of cities and towns in the United States indicate that:
(1) A large number of persons, primarily male, frequent adult-oriented
businesses, especially those which provide closed booths, cubicles, studios
and rooms for the private viewing of so-called adult motion pictures and/or
video tapes and/or live entertainment.
(2) Closed booths, cubicles, studios and rooms within adult-oriented
businesses have been used by patrons, clients or customers of such adult-oriented
businesses for the purpose of engaging in certain sexual acts.
(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, studios
and rooms.
(4) Doors, curtains, blinds and/or other closure installed
in or on the entrances and/or exits of such booths, cubicles, studios and
rooms that 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, thereby prompting and encouraging
prostitution and the commission of sexual acts that 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.
(5) Persons under the age of 18 may be attracted to adult-oriented
businesses and seek to enter or loiter about them without the knowledge or
permission of their parents and guardians.
(6) When adult-oriented businesses are in the immediate proximity
to other adult-oriented businesses, residential areas or other uses of public
assembly, there can be a deleterious effect upon adjacent areas. Special regulation
of these adults uses is therefore necessary to ensure that these adverse effects
will not contribute to the blighting or downgrading of the surrounding neighborhood.
(7) The continued unregulated operation of adult-oriented businesses, including, without limitation, those specifically cited in the definition of "adult-oriented business" in §
4-2 hereof, is and would be detrimental to the general welfare, health and safety of the citizens of Colchester,
(8) The reasonable regulation and supervision of adult-oriented
businesses 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.
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 businesses in order
to protect the public health, safety and welfare.
E. It is not the intent of the Town Meeting, in enacting
this chapter, to deny any person rights to speech protected by the United
States and/or state constitutions, nor is it the intent of the Town Meeting
to impose any additional limitations or restrictions on the contents of any
communicative materials, including sexually oriented films, video tapes, books
and/or other materials. Further, by enacting this chapter, the Town Meeting
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 words and phrases used 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 for observation by patrons.
ADULT BOOKSTORE
An establishment having a substantial or significant portion of its
stock-in-trade in books, films, video cassettes, compact disks or magazines
and other periodicals that 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. This definition shall not
apply to any establishment in which such materials are concealed so as not
to permit the observation of specified sexual activities or specified anatomical
areas.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, videotapes, live performances,
displays or dances 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.
ADULT MOTION-PICTURE THEATER
An enclosed building 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 for observation
by patrons therein.
ADULT-ORIENTED BUSINESS
Includes, without limitation, adult bookstore, adult motion-picture
theater and commercial establishments containing one or more adult amusement
machines. In addition, "adult-oriented business" 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 entertainment when such establishment is operated or maintained for
profit, direct or indirect.
AMUSEMENT MACHINE
Includes any machine which upon the payment of a charge or upon the
insertion of a coin, slug, token, plate or disk, may be operated by the public
for use as a game, entertainment or amusement, whether or not registering
a score or whether or not electronically operated.
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
business.
ENTERTAINER
Any person who provides entertainment within an adult-oriented business,
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.
MINOR
A person under the age of 18 years.
OPERATOR
Any person, partnership or corporation operating, conducting or maintaining
an adult-oriented business.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals and pubic region.
(3)
Female breasts 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 breasts.
TOWN MEETING
The Town Meeting of the Town of Colchester, Connecticut.
A license fee of $250 shall be submitted with the completed application
for a license. If the application is denied, 1/2 of the fee shall be returned.