As used in this chapter, the following terms shall have the meanings
indicated:
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 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 the depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which as one of its principal business
purposes offers for sale or rental for any form of consideration any one or
more of the following
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides or other
visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
B.
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
ADULT CABARET
A night club, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity; or
B.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
videocassettes, slides or other photographic reproductions which are characterized
by the depiction or description of "specified sexual activities" or "specified
anatomical areas"; and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions;
or
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, 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 live performances
which are characterized by the exposure of "specified anatomical areas" or
by "specified sexual activities."
CHIEF OF POLICE
The Chief of Police of the City of Papillion or its designated agent.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish
or advertises to furnish escorts as one of its primary business purposes,
for a fee, tip or other consideration.
ESTABLISHMENT
\Includes any of the following:
A.
The opening or commencement of any sexually oriented business as a new
business.
B.
The conversion of any existing business, whether or not a sexually oriented
business, to any sexually oriented business.
C.
The addition of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application
for a license.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays
"specific anatomical areas" is provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who pay money
or any form of consideration.
NUDITY or STATE OF NUDITY
A.
The appearance of a human bare buttocks, anus, male genitals, female
genitals or female breasts; or
B.
The state of dress which fails to opaquely cover a human buttock, anus,
male genitals, female genitals or areola of the female breast.
OPERATES OR CAUSES TO BE OPERATED
To cause to function or to put or keep in operation. A person may
be found to be operating or causing to be operated a sexually oriented business
whether or not that person is an owner, part owner or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
RESIDENTIAL
A single-family, duplex, multiple-family or "mobile home park, mobile
home subdivision, and campground" use as defined in the Papillion Land Development
Ordinance No. 1200.
RESIDENTIAL DISTRICT
A single-family, duplex, townhouse, multiple-family or mobile home
zoning district as defined in the Papillion Land Development Ordinance No.
1200.
SEMI-NUDE
A state of dress in which clothing covers no more than the genitals,
pubic region and areola of the female breast, as well as portions of the body
covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between the opposite
sex; or
B.
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion-picture theater, adult theater, escort agency, nude
model studio or sexual encounter center.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of an or in connection with any of the activities set forth in Subsections
A through
C above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business means the increase in floor area
occupied by the business by more than 25% as the floor area exists.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business means and 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
the ownership or control.
Sexually oriented businesses are classified as they exist on the effective
date of this chapter as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-picture theaters;
I. Sexual encounter centers.
Each license expires one year from the date of issuance, except that a license issued pursuant to a locational restriction expires on the date the exemption expires. A license may be renewed only by making application as provided in §
125-4. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected by the pendency of the application.
If the City Council denies the issuance of a license, or suspends or
revokes a license, the City Clerk shall send to the applicant, or licensee,
by certified mail, return receipt requested, written notice of the action
and the right to an appeal. Upon receipt of written notice of the denial,
suspension or revocation, the licensee whose application for a license has
been denied or whose license has been suspended or revoked shall have the
right to appeal to the City Board of Adjustment. An appeal to the Board of
Adjustment must be filed within 30 days after the receipt of notice of the
decision of the Chief of Police. The licensee shall bear the burden of proof
in said appeal.
A licensee shall not transfer his license to another, nor shall a licensee
operate a sexually oriented business under the authority of a license at any
place other than the address designated in the application.
Any person who violates any of the prohibitions or provisions of any
article or section of this chapter and ordinance shall be deemed guilty of
a misdemeanor. Unless otherwise specified in the particular article or section
for which the person stands convicted of violating, the penalty for such violation
shall be a fine in any sum not exceeding $500 or imprisonment for a term not
to exceed six months, or both said fine and imprisonment at the discretion
of the sentencing court.
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of §
126-13 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations.