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-ORIENTED ESTABLISHMENT
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.
ADULT ENTERTAINMENT
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.
ADULT MEDIA OUTLET
A.
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.
B.
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:
(1)
Thirty percent or more of all inventory consists
of such items at any time.
(2)
Thirty percent or more of the merchandise displayed
for sale consists of such items at any time.
(3)
Thirty percent or more of the stock in trade
consists of such items at any time.
(4)
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.
(5)
Thirty percent or more of the sales, measured
in dollars over any consecutive ninety-day period, is derived from
such items.
(6)
Thirty percent or more of the number of sales
transactions, measured over any consecutive ninety-day period, is
of such items.
(7)
Thirty percent or more of the dollar value of
all merchandise displayed at any time is attributable to such items.
ADULT MOTION-PICTURE THEATER
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.
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 NEWSRACK
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.
ADULT RETAIL ESTABLISHMENT
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:
A.
Expert testimony as to the principal use of
the item.
B.
Evidence concerning the total business of a
person or business establishment and the type of merchandise involved
in the business.
C.
National and local advertising concerning the
use of the item.
D.
Evidence of advertising concerning the nature
of the business establishment.
E.
Instructions, graphics or other material contained
on the item itself or on the packaging materials for the item.
F.
The physical or structural characteristics of
the item.
G.
The manner in which the item is displayed, including
its proximity to other regulated merchandise or signage relating to
items in a display area.
THE COMMITTEE
Consists of the Chief of Police, the Fire Chief, and the
Director of Public Health or their designees.
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 establishment.
ENTERTAINER
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.
INSPECTOR
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.
MINOR
A person under the age of 18 years.
OPERATOR
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.
SEXUAL ACTIVITY
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.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
Human genitals in a state of sexual stimulation
or arousal.
B.
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.
C.
Fondling or erotic touching of human genitals,
pubic region, buttocks or female breasts.
D.
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.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals or pubic region.
(3)
Female breasts below a point immediately above
the top of the areola.
B.
Human male genitals in a discernible turgid
state, even if completely opaquely covered.
TOWN COUNCIL
The Town Council of the Town of Stratford, Connecticut.
TRANSFER OF OWNERSHIP OR CONTROL (of an adult-oriented establishment)
Includes any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
C.
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.
[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.
(6) An applicant is in violation of the Town of Stratford
Zoning Regulations.
(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 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.
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.
[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.