[HISTORY: Adopted by the Town Council of the Town of Pinedale 2-13-2006 by Ord. No. 2006-383. Amendments noted where applicable.]
Zoning — See Ch. 475.
A person commits a misdemeanor and shall be punished accordingly if that person operates or causes to be operated a sexually oriented business in any zoning district other than I-1 or I-2. Each day of operation constitutes a separate and distinct crime.
A person commits a misdemeanor and shall be punished accordingly if the person operates or causes to be operated a sexually oriented business within 1,000 feet of:
A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
A public or private educational facility, including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, middle schools, high schools and/or private schools; "school" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
A boundary of an R-1, R-2 or R-4 Zoning District;
A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths or other similar public land within the Town;
An entertainment business which is oriented primarily towards children or family entertainment;
Any premises licensed pursuant to the alcoholic beverage control regulations of the State of Wyoming and/or the Town; or
Any other sexually oriented business.
For the purpose of this chapter, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed herein.
Words, terms and phrases in this chapter shall be defined as follows:
- ADULT ARCADE
- Any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexual activities or specified anatomical areas.
- ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
- A commercial establishment which has, as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
- A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas;
- B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
- ADULT CABARET
- A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
- A. Persons who appear seminude; or
- B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas.
- ADULT MOTION-PICTURE THEATER
- A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT THEATER
- A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
- DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
- The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of specified anatomical areas or specified sexual activities.
- A person who, for consideration, and for another person, agrees or offers:
- ESCORT AGENCY
- A person or business association that, for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes.
- ESTABLISH or ESTABLISHMENT
- Includes any of the following:
- A. The opening or commencement of any sexually oriented business as a new business;
- B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
- C. The addition of any sexually oriented business to any other existing sexually oriented business; or
- D. The relocation of any sexually oriented business.
- NUDE, NUDITY or A STATE OF NUDITY
- The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
- OPERATE or CAUSE TO BE OPERATED
- To cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.
- An individual, proprietorship, partnership, corporation, association, or other legal entity.
- REGULARLY FEATURES or REGULARLY SHOWN
- A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
- SEMINUDE or IN A SEMINUDE CONDITION
- The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
- SEMINUDE MODEL STUDIO
- A commercial establishment which regularly features a person (or persons) who appears seminude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration.
- SEXUAL ENCOUNTER CENTER
- A business or commercial establishment that, as one of its principal business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities. The definition of sexual encounter establishment or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
- SEXUALLY ORIENTED BUSINESS
- An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, seminude model studio, or sexual encounter center.