[HISTORY: Adopted by the Town Council of
the Town of Stratford 11-12-1996 by Ord. No. 96-30. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. A220.
A.
There are or may be adult-oriented establishments
located in the Town of Stratford ("Town") which will 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. This is so because such businesses may and do generate secondary
effects which are detrimental to neighborhoods.
B.
Statistics and studies performed by a substantial
number of cities and Towns in the United States indicate that:
(1)
Large numbers of persons frequent such adult-oriented
establishments, especially those which provide closed booths, cubicles,
studios and rooms for private viewing of so-called adult motion pictures
and/or video tapes and/or live entertainment.
(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.
(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.
(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 and/or other locations 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)
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.
The continued unregulated operation of adult-oriented establishments, including without limitation those specifically cited at Subsection A of this chapter, is and would be detrimental to the general welfare, health and safety of the citizens of the Town.
D.
The Constitution and laws of the State of Connecticut
grant to the Town powers, and in particular 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 Town Council, 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 Town Council 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 Council 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:
Includes without limitation adult media outlet, adult motion-picture
theaters, adult mini-motion-picture theaters, adult newsracks and
adult retail establishments, 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 exhibition of any adult-oriented motion pictures, live
performance, display or dance of any type, which as a significant
or substantial portion of such performance involves 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 while performing pantomime, modeling
or any other personal services offered customers.
A business engaging in the barter, rental or
sale of items consisting of books, magazines, periodicals, other printed
matter, pictures, slides, records, audiotapes, videotapes, compact
discs, motion pictures, films or other media if such business is open
to the public, patrons or members or if a substantial or significant
portion of such items are distinguished or characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas.
For the purpose of this definition, factors
indicating that a substantial or significant portion of a business
is devoted to the sale or rental of such items include, without limitation,
any one or more of the following criteria:
Thirty percent or more of all inventory consists
of such items at any time.
Thirty percent or more of the merchandise displayed
for sale consists of such items at any time.
Thirty percent or more of the stock in trade
consists of such items at any time.
Thirty percent or more of the floor area of
the business (not including storerooms, stock areas, bathrooms, basements
or any portion of the business not open to the public) is devoted
to such items at any time.
Thirty percent or more of the sales, measured
in dollars over any consecutive ninety-day period, is derived from
such items.
Thirty percent or more of the number of sales
transactions, measured over any consecutive ninety-day period, is
of such items.
Thirty percent or more of the dollar value of
all merchandise displayed at any time is attributable to such items.
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.
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.
Any coin- or card-operated device that offers for sale by
dispensing printed material which is distinguished or characterized
by its emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
A business which offers for sale or rent instruments, devices,
gifts or paraphernalia which are designed or marketed for use in connection
with specified sexual activities, clothing that graphically depicts
specified anatomical areas or any of the materials sold or rented
in an adult media outlet, as defined above, if a substantial or significant
portion of such items are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas. For purposes of this
definition, a substantial or significant portion of a business shall
be determined by reference to the factors, without limitation, set
forth in the definition of adult media outlet. In determining whether
an item is designed or marketed for use in connection with specified
sexual activities, the following guidelines may be considered:
Expert testimony as to the principal use of
the item.
Evidence concerning the total business of a
person or business establishment and the type of merchandise involved
in the business.
National and local advertising concerning the
use of the item.
Evidence of advertising concerning the nature
of the business establishment.
Instructions, graphics or other material contained
on the item itself or on the packaging materials for the item.
The physical or structural characteristics of
the item.
The manner in which the item is displayed, including
its proximity to other regulated merchandise or signage relating to
items in a display area.
Consists of the Chief of Police, the Fire Chief, and the
Director of Public Health or their designees.
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 as an independent contractor.
An employee of the Town Police Department, Health Department,
Fire Department, including the Fire Marshal, or Building Department,
the Zoning Enforcement Officer and/or any other Town employee designated
by the Chief of Police 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 or managing member
of a limited liability company, or general partner. "Operator" also
means any person, shareholder or limited partner or member of a limited
liability company who holds 10% percent or more of the shares or partnership
interest or membership 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 publications or films;
nor does it include any art or photography publications which denote
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.
Any of the following:
Human genitals in a state of sexual stimulation
or arousal.
Sex acts, actual or simulated, of human masturbation,
sexual intercourse or sodomy, whether between persons of the same
or opposite sex or between a human and an animal or with an artificial
genital.
Fondling or erotic touching of human genitals,
pubic region, buttocks or female breasts.
Sadomasochistic abuse, which means flagellation
or torture by or upon a person clad in undergarments, a mask or bizarre
costume, or unclothed, or the condition of being fettered, bound or
otherwise physically restrained on the part of one so clothed.
The Town Council of the Town of Stratford, Connecticut.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing ownership or control.
A.
Responsibilities of the operator.
(1)
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.
(2)
An operator of an adult-oriented establishment shall
be responsible for the conduct of all employees while on the premises
of such establishment; 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.
(3)
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.
(4)
Except as hereinafter provided for preexisting facilities,
every adult-oriented establishment doing business in the Town on or
after the effective date 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, and visibility into such booths, cubicles, rooms or stalls
shall not be blocked or obscured by doors, curtains, partitions, drapes
or any other obstruction whatsoever. On the effective date of this
chapter, it shall be unlawful to install enclosed booths, cubicles,
rooms or stalls within adult-oriented establishments for the purpose
of providing secluded viewing of adult-oriented motion pictures or
other types of adult-oriented entertainment. However, preexisting
establishments with enclosed booths on the effective date shall be
subject to the following regulations, and no person shall operate
an establishment with booths unless each of the following administrative
requirements is met:
(a)
A light level of no less than two footcandles at floor
level is maintained in every portion of said establishment.
(b)
A minimum of one toilet and wash basin shall be provided
for the patrons in every such establishment. Each wash basin shall
be provided with soap or detergent and sanitary towels placed in permanently
installed dispensers. A trash receptacle shall be provided in each
toilet room.
(c)
In toilet rooms, a waterproof floor covering shall
be provided which extends up the walls at least six inches and shall
be covered at the floor-wall juncture with at least a three-eighths-inch
radius. Walls of toilet rooms shall be smooth, waterproof and kept
in good repair.
(d)
All walls, ceilings, floors, booths and all other
physical facilities shall be in good repair and maintained in a clean
and sanitary condition. Toilet rooms shall be thoroughly cleaned at
least once each day the business is in operation.
(e)
All establishments shall be so equipped, maintained
and operated as to effectively control the entrance, harborage and
breeding of vermin, including flies. When flies or other vermin are
present, effective control measures shall be instituted for their
control or elimination.
(f)
All walkways, aisles and hallways shall be maintained
free of any obstruction such as a door, curtain, panel, board, slat,
ribbon, cord, rope, chain or other device unless the area is out of
service prior to or while being cleaned or repaired, in which case
a sign shall indicate it is closed to all customers or patrons.
(g)
A sign setting forth the following information shall
be maintained in a conspicuous location in each booth: "NOTICE: IT
IS UNLAWFUL FOR THIS BOOTH TO BE OCCUPIED BY MORE THAN ONE PERSON
AT ANY ONE TIME OR FOR ANY PERSON TO OPERATE THIS DEVICE UNLESS THE
DOOR IS CLOSED AND LOCKED." All such signs shall be at least six by
eight inches in size and be printed with dark ink upon a light contrasting
background with letters at least one-fourth inch in height.
(h)
There shall be a system of monitoring all areas of
such booths either by direct viewing or by a system of video monitoring
which allows viewing of each monitored area at least every 60 seconds.
(i)
There shall not be any aperture which permits contact
or communication between occupants of any two or more booths. If an
administrative inspection by any Town inspector reveals any such aperture
in a booth, the license for such establishment shall be immediately
subject to suspension or revocation.
(j)
There shall be a light or lighted sign on the exterior
of each booth which indicates whether a showing device is in use.
(k)
Booths shall be fully enclosed and shall have doors
to ensure the privacy of the individual occupant therein, except that
such doors shall extend downward no further than 12 inches above the
floor. All such booths shall have an interlock mechanism which prevent
activation of a showing device unless the booth door is closed and
locked.
(5)
Except as provided above with respect to preexisting
facilities, 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 one
footcandle as measured at the floor level. It shall be the duty of
the operator and his or her employees to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
(6)
The operator shall ensure compliance of the adult-oriented
establishment and its patrons with the provisions of this chapter.
B.
Inspections. An operator or an applicant for a license to operate an adult-oriented establishment shall permit representatives of the Police Department, Health Department, Fire Department, Building Department and/or any other inspector, as defined in § 42-2 of this chapter, to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law.
[Amended 4-8-2013 by Ord. No. 13-05]
The operator(s) of each adult-oriented establishment,
including those adult-oriented establishments in existence at the
time of passage of this ordinance and any amendments hereto, shall
be responsible for and shall acquire a license from the Town in the
following manner:
A.
The operators, as defined in § 42-2 above, of each adult-oriented establishment shall submit an application to the Chief of Police, upon a form to be provided by the Chief of Police. Within 45 days after receipt of a completed application for an adult-oriented business license, the Chief of Police shall mail to the applicant a license or a notice of intent to deny. If he fails to do so, the license shall be deemed granted. The application shall be deemed complete when the Chief of Police has received the fees, all information required in § 42-5 below, photograph and fingerprints of the applicant and, in the case of a corporation or other business organization, photographs and fingerprints of all persons for whom information is required under § 42-5 of this chapter.
B.
The premises must be inspected by the Town Health
Department, Fire Department, Building Department and Zoning Enforcement
Officer within 30 days of receipt of the complete application. If
the premises are in compliance with state and local health, fire and
building codes and zoning regulations, a license shall be issued within
45 days of receipt of the complete application unless the applicant
is deemed unqualified.
C.
An applicant shall be unqualified if one or more of
the following is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant is overdue in payment to the Town of
taxes, fees, fines or penalties assessed against him or imposed upon
him in relation to an adult-oriented business.
(3)
An applicant has failed to provide information required by § 42-5 of this chapter or has falsely answered a question or request for information on the application form.
(4)
An applicant has violated a provision of this chapter
within two years immediately preceding the application.
(5)
The premises to be used for the adult-oriented business
are found to violate the Town Health Department, Fire Department and/or
Building Department requirements, laws, chapters or regulations within
30 days of the filing of the application.
(7)
The license fee required by § 42-6 of this chapter has not been paid at the time the application was filed with the Chief of Police.
(8)
An applicant has been employed in an adult-oriented
establishment in a managerial capacity within the preceding 24 months
and knowingly:
(a)
Permitted alcoholic liquor or cereal malt beverages
to be illegally brought or consumed upon the premises;
(b)
Permitted the illegal sale, distribution, delivery
or consumption of any controlled substance or illegal drug or narcotic
on the premises;
(c)
Permitted any person under the age of 18 years to
be in or upon the premises of an adult-entertainment business; or
(d)
Permitted any act of prostitution or the patronizing
of prostitution as defined under state law on the premises.
(9)
An applicant has been convicted of or has pled nolo
contendere to a felony within five years immediately preceding the
application or has been convicted of or pled nolo contendere to a
misdemeanor within two years immediately preceding the application,
where such misdemeanor involved sexual assaults or batteries, prostitution,
indecent exposure, sexual abuse of a child, child pornography, risk
of injury to a minor, impairing the morals of a minor or sale or distribution
of controlled substances or illegal drugs or narcotics.
D.
If an applicant is deemed unqualified said rejection shall be in writing and shall specifically state the evidence presented and the reason for rejection and shall be sent to the applicant by registered mail as further provided in § 42-13 of this chapter.
E.
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date and the address of the adult-oriented business. The license shall
be posted in a conspicuous place at or near the entrance to the adult-oriented
business so that it may be easily read at any time.
A.
The application shall include the information called for in Subsection A(1) to (9) below. If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information in Subsection A(1) to (9) below, the application shall state the date of formation of the organization and the information called for in Subsection A(2) to (6) of this section with respect to each officer, director, general partner and all other persons with authority to participate directly and regularly in management of the business, but such information need not be provided with respect to attorneys, accountants and other persons whose primary function is to provide professional assistance to the licensee.
(1)
The name, business location, business mailing address
and phone number of the proposed adult-oriented business establishment.
(2)
The full true name and any other names, aliases or
stage names used in the preceding five years.
(3)
Throughout the permit period, the current residential
mailing address and telephone number. Post office boxes are not acceptable.
(4)
Written proof of age, in the form of any two of the
following: a birth certificate, current driver's license with picture
or other picture identification document issued by a governmental
agency.
(5)
The issuing jurisdiction and the effective dates of
any license or permit relating to an adult-oriented business or adult
service, whether any such license or permit has been revoked or suspended
and, if so, the reason or reasons therefore.
(6)
All criminal charges, complaints or indictments in
the preceding five years which resulted in a conviction or a plea
of guilty or nolo contendere.
(7)
The name and address of the statutory agent or other
agent authorized to receive service of process.
(8)
The name(s) of the adult-oriented business manager(s)
who will have actual supervisory authority over the operations of
the business, and this information shall be kept current during the
permit term.
(9)
An accurate, to scale, but not necessarily professionally
drawn, floor plan of the business premises clearly indicating the
location of one or more manager's stations.
A license fee of $1,000 shall be submitted with
the application for a license. If the application is denied, 1/2 of
the fee shall be returned.
[Amended 4-8-2013 by Ord. No. 13-05]
A.
Each license
shall:
(1)
Expire
one year from the date of issuance of the license; or
(2)
Expire
upon the occurrence of a significant change to the adult-oriented
establishment that affects how the adult-oriented establishment, and/or
the real property upon which it is located, is operated or owned.
A "significant change" is any change that, in the opinion of the Chief
of Police, Director of Health or Chief of the Fire Department, poses
an increased health or safety risk to patrons or the public and includes,
but is not limited to, a change in ownership of the adult-oriented
establishment and/or the real property upon which the adult-oriented
establishment is located, the loss, suspension or adverse change in
the status of any license maintained in connection with the operation
of the adult-oriented establishment, or any significant change in
the business operations or operating structure of the adult-oriented
establishment.
B.
Each license issued pursuant to this chapter may be renewed annually by making an application to the Chief of Police as provided in § 42-4 of this chapter. Application for renewal shall be made at least 30 days before the expiration date of the license or before the occurrence of a significant change to the adult-oriented establishment, to allow Town officials to review the application in a timely manner prior to the expiration of the license.
C.
A license
renewal fee of $500 shall be submitted with the application for renewal.
If the application for renewal is denied, 1/2 of the renewal fee shall
be returned to the applicant.
D.
No adult-oriented
establishment shall operate if its license expires.
The Committee shall suspend a license for a
period not to exceed 30 days if it determines that an operator or
any employee of an operator has violated any part of this chapter
or violated any state statute regarding the subject establishment.
A.
The Committee shall revoke a license if a cause of suspension in § 42-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Committee shall revoke a license if it determines
that:
(1)
An operator gave false or misleading information in
the material submitted during the application process;
(2)
An operator or an employee of an operator has illegally
permitted possession, use or sale of controlled substances on the
premises of the adult-oriented business;
(3)
An operator or an employee of an operator has knowingly
allowed or promoted prostitution on the premises of the adult-oriented
business;
(4)
An operator or an employee of an operator has knowingly
operated the adult-oriented establishment during a period of time
when the operator's license was suspended;
(5)
An operator or an employee of an operator has knowingly
allowed or, as a result of his or her negligent failure to supervise,
has allowed any act of sexual intercourse, sodomy, oral copulation,
masturbation or sexual contact to occur in or on the premises of the
adult-oriented establishment; or
C.
Any operator whose license is revoked shall not be
eligible to receive a license for one year from the date of revocation.
A.
Any person, partnership or corporation who 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.
All moneys derived from permit fees, renewals
and fines shall be set aside in a fund mandated by the Town for the
purpose of funding all inspections and for related regulatory expenses.
A.
An operator shall not transfer his or her license
to another, nor shall an operator operate an adult-oriented establishment
under the authority of a license at any place other than the address
designated in the application.
B.
The transfer of a license or any interest in a license
shall automatically and immediately revoke the license.
[Amended 3-12-2007 by Ord. No. 07-03]
If the Committee denies the issuance of a license, or suspends or revokes a license, it shall, within 10 days of its decision, send to the applicant or operator at the address listed on the application, by certified mail, return receipt requested, written notice of its decision and further shall specifically state the evidence presented, the reason for the decision and the right to an appeal. The aggrieved party may appeal the decision to the Mayor or his designee within 30 days of receipt of the notice. The Mayor must render a decision within 45 days of receipt of the appeal. The aggrieved party may file an appeal from the Mayor directly to the Superior Court for the Judicial District of Fairfield within 15 days of issuance of notice of denial of the appeal from the Mayor. Nothing in this section shall prevent the Town from proceeding with an injunction action pursuant to § 42-14 of this chapter.
A person who operates or causes to be operated
an adult-oriented business without a valid license is subject to a
suit for injunction.
