CHAPTER 8
SEXUALLY ORIENTED BUSINESSES
Sections:
7-8-100 Title.
7-8-101 Purpose.
7-8-102 Application.
7-8-103 Definitions.
7-8-200 Obscenity and Lewdness.
7-8-300 Location.
7-8-400 Business License Required.
7-8-401 Exemptions from License Requirement.
7-8-402 Legitimate Artistic Modeling.
7-8-403 Business Categories; Number of Licenses.
7-8-404 Employee Licenses.
7-8-405 License Application; Required Disclosures.
7-8-406 License Fees.
7-8-407 Bond.
7-8-408 Premises Location and Name.
7-8-409 Conditions of License Issuance.
7-8-410 License Term.
7-8-411 Change of Information.
7-8-412 Transfer Restrictions.
7-8-413 Display of License.
7-8-414 Statement in Advertising.
7-8-500 Regulations and Unlawful Activities.
7-8-501 Operation Requirements for Outcall Services.
7-8-502 Design of Premises.
7-8-503 Premises of Semi-Nude Dancing Establishments.
7-8-504 Location Restriction for Semi-Nude Entertainment Business.
7-8-505 Alcohol Prohibited.
7-8-506 Semi-Nude Dancing Agencies.
7-8-507 Prohibited Activities by Performers.
7-8-508 Prohibited Activities by Patrons.
7-8-600 Injunction Upon Violation.
7-8-601 License Suspension or Revocation.
7-8-602 Effect of License Revocation.
7-8-603 Appeals.
7-8-604 Penalty.
7-8-605 Responsibility.
7-8-100 Title.
This Chapter shall be known and may be referred to as the “Sexually-Oriented Business and Employee Licensing Ordinance.”
(Adopted by Ordinance No. 3-98)
7-8-101 Purpose.
It is the purpose and object of this Chapter that the City establish reasonable and uniform regulations governing the time, place, and manner of operation of sexually-oriented businesses and their employees in the City. This Chapter shall be construed to protect the governmental interests recognized by this Chapter in a manner consistent with protections provided by the United States Constitution and the Constitution of the State of Utah.
(Adopted by Ordinance No. 3-98)
7-8-102 Application.
This Chapter imposes regulatory standards and license requirements on certain business activities which are characterized as sexually-oriented businesses, and certain employees of those businesses characterized as sexually-oriented business employees. Except where the context or specific provisions require, this Chapter does not supersede or nullify any other related ordinances, including, but not limited to, those which regulate or prohibit lewdness or obscenity.
(Adopted by Ordinance No. 3-98)
7-8-103 Definitions.
For the purpose of this Chapter, the following words shall have the following meanings:
(1) “Adult Bookstore” or “Adult Video Store” means a commercial establishment:
(a) which excludes minors from more than fifteen percent of the retail floor or shelf space of the premises; or
(b) which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter; or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes “specified sexual activities” or “specified anatomical areas”; or instruments, devices or paraphernalia which are designated for use in connection with “specified sexual activities,” except for legitimate, medically-recognized contraceptives.
(2) “Adult Business” means an adult motion picture theater, adult bookstore, or adult video store.
(3) “Adult Motion Picture Theater” means a commercial establishment which:
(a) excludes minors from the showing of two consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or
(b) as its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(4) “Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment which:
(a) holds itself out as such a business; or
(b) excludes minors from the showing of two consecutive exhibitions (repeated performance of the same presentation shall not be considered a consecutive exhibition); or
(c) as its principal business, features persons who appear in live performances in a state of semi-nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(5) “Employ” means hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.
(6) “Escort” means any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment, or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. “Escort” shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly, or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve hours and who provide a service not principally characterized as dating or socializing. “Escort” shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
(7) “Escort Service” means an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
(8) “Escort Service Runner” means any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort, or patron by contacting or meeting with escort services, escorts, or patrons at any location within the City, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.
(9) “Operator” means the manager or other natural person principally in charge of a sexually-oriented business.
(10) “Outcall Services” means services of a type performed by a sexually-oriented business employee outside of the premises of the licensed sexually-oriented business, including, but not limited to escorts, models, dancers and other similar employees.
(11) “Patron” means any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this Chapter.
(12) “Pecuniary Compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.
(13) “Person” means any person, unincorporated association, corporation, partnership, or other legal entity.
(14) “Semi-nude” means a state of dress in which:
(a) fully opaque clothing completely covers the human female breast below a point immediately above the top of the areola; and
(b) the male or female genitals, public region, buttocks, and anus, are covered by fully opaque clothing no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point.
(15) “Semi-nude Dancing Agency” means any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage the service of a professional dancer licensed pursuant to this Chapter for performance or appearance at a business licensed for adult theaters.
(16) “Semi-nude Entertainment Business” means a business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of semi-nudity. A business shall also be presumed to be a semi-nude entertainment business if the business holds itself out as such a business.
(17) “Sexually-oriented Business” means semi-nude entertainment businesses, sexually-oriented outcall services, adult businesses, and semi-nude dancing agencies, as defined by this Chapter.
(18) “Sexually-oriented Business Employees” means those employees who work on the premises of a sexually-oriented business in activities related to the sexually-oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually-oriented portion of the business, such as janitors, bookkeepers, and similar employees. Sexually-oriented business employees shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this Chapter, including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar employees, shall be considered sexually-oriented business employees.
(19) “Specified Anatomical Areas” means:
(a) the human male or female public area, genitalia, buttocks, or anus; or the human female breast below a point immediately above the top of the areola.
(20) “Specified Sexual Activities” means:
(a) acts, whether real or simulated, of: (i) masturbation, (ii) human sexual intercourse, (iii) sodomy, (iv) fellatio, (v) cunnilingus, or (vi) bestiality,
(b) manipulating, caressing, or fondling, or simulating the manipulation, caressing, or fondling by any person of: (i) the genitals of a human, (ii) the pubic area of a human, (iii) any part of the breast or breasts of a human female; or (iv) any part of the human buttocks or anus.
(c) actual or simulated sadomasochistic acts, flagellation, or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
(d) the actual or simulated display of human male genitalia in a discernibly turgid state, even if completely and opaquely covered.
(Adopted by Ordinance No. 3-98)
7-8-200 Obscenity and Lewdness.
(1) Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to applicable federal or State statutes prohibiting obscenity.
(2) Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow conduct or the showing or display of any matter which is contrary to the provisions of any ordinance prohibiting obscenity or lewdness.
(Adopted by Ordinance No. 3-98)
7-8-300 Location.
(1) It is unlawful for any sexually-oriented business to do business at any location within the City not zoned for such business. Sexually-oriented businesses licensed as adult businesses or semi-nude entertainment businesses pursuant to this Chapter shall only be allowed in areas zoned for such use as provided by Title 11 of this Code.
(2) It shall be unlawful for a sexually-oriented business to operate in any of the following places:
(a) Within 500 feet of any of the following zones as shown on the Official Zoning Map: R-1-10,000, R-1-8,000, R-2-7,000, R-4-7,000, R-8-7,000, RA-1-20,000, R-1-MHP, H-1 and PO-1. For purposes of this paragraph, the distance shall be measured from the zone boundary to the nearest point on the boundary of the parcel of land where a sexually-oriented business is located.
(b) Within 500 feet of any park, public library, church or school. For purposes of this paragraph, the distance shall be measured from the property line of the park, public library, church or school to the nearest point on the boundary of the parcel of land where a sexually-oriented business is located.
(c) Within 500 feet of any structure for which a license for a sexually-oriented business has been issued and has not expired, or business licensed for the sale or consumption of alcohol. For purpose of this paragraph, the distance shall be measured from the nearest property line of the business regulated by this chapter to the nearest property line of the other sexually-oriented business or business licensed for the sale or consumption of alcohol.
(Adopted by Ordinance No. 3-98, amended by Ordinance No. 4-06)
7-8-400 Business License Required.
It shall be unlawful for any person to operate a sexually-oriented business, as specified herein, without first obtaining a general business license as required by Chapter 1 of this Title and a sexually-oriented business license. The sexually-oriented business license shall specify the type of business for which it is obtained, as specified by Section 7-8-403(2).
(Adopted by Ordinance No. 3-98)
7-8-401 Exemptions from License Requirement.
The provisions of this Chapter shall not apply to any sex therapist or similar individual licensed by the State to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, psychologist, nor shall it apply to any educator licensed by the State for activities in the classroom.
(Adopted by Ordinance No. 3-98)
7-8-402 Legitimate Artistic Modeling.
(1) The City does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the United States Constitution or the Constitution of the State of Utah. The City does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of Section 7-8-500(11), a licensed outcall employee may appear in a state of nudity before a customer or patron, providing that a written contract for such appearance is entered into between the employee and the customer or patron and signed at least twenty-four (24) hours before the nude appearance. All of the other applicable provisions of this Chapter shall apply to such nude appearance.
(2) In the event of a contract for nude modeling or appearance signed more than twenty-four hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this Chapter. During such unlicensed nude appearance, it is unlawful to:
(a) appear nude or semi-nude in the presence of persons under the age of eighteen (18);
(b) allow, offer, or agree to any touching of the contracting party or other person by the individual appearing nude;
(c) allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor;
(d) allow, offer, commit, or agree to any sex act as validly defined by City ordinances or State statute;
(e) allow, offer, agree, or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude;
(f) allow, offer, or agree for the individual appearing nude to be within five feet (5’) of any other person while performing or while nude or semi-nude.
(Adopted by Ordinance No. 3-98)
7-8-403 Business Categories; Number of Licenses.
(1) It is unlawful for any business premises to operate or be licensed for more than one category of sexually-oriented business, except that a business may have a license for both outcall services and a semi-nude dancing agency on the same premises.
(2) The categories of sexually-oriented businesses are:
(a) outcall services;
(b) adult businesses;
(c) semi-nude entertainment businesses;
(d) semi-nude dancing agency.
(Adopted by Ordinance No. 3-98)
7-8-404 Employee Licenses.
It is unlawful for any sexually-oriented business to employ or for any individual to be employed by a sexually-oriented business in the capacity of a sexually-oriented business employee, unless that employee first obtains a sexually-oriented business employee license.
(Adopted by Ordinance No. 3-98)
7-8-405 License Application; Required Disclosures.
Before any applicant may be licensed to operate a sexually-oriented business or as a sexually-oriented business employee pursuant to this Chapter, the applicant shall submit, on a form to be supplied by the City License Officer, the following:
(1) The correct legal name of each applicant, corporation, partnership, limited partnership, or entity doing business under an assumed name;
(2) If the applicant is a corporation, partnership, or limited partnership, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant, and for each officer, director, and any shareholder (corporate or personal) of more than ten percent (10%) of the stock of any applicant. Any holding company, or any entity holding more than 10% of an applicant, shall be considered an applicant for purposes of disclosure under this Chapter;
The shareholder disclosure requirements above shall only be applicable for outcall service licenses;
(3) All corporations, partnerships, or non-corporate entities included on the application shall also identify each individual authorized by the corporation, partnership, or non-corporate entity to sign the checks for such corporation, partnership, or non-corporate entity;
(4) For all applicants or individuals, the application must also state:
(a) Any other names or aliases used by the individual,
(b) The age, date, and place of birth,
(c) Height,
(d) Weight,
(e) Color of hair,
(f) Color of eyes,
(g) Present business address and telephone number,
(h) Present residence and telephone number,
(i) Utah drivers license or identification number, and
(j) Social Security number;
(5) Acceptable written proof that any individual is at least eighteen (18) years of age;
(6) Attached to the form, as provided above, two (2) color photographs of the applicant clearly showing the individual’s face and the individual’s fingerprints on a form provided by the Police Department. For persons not residing in the City, the photographs and fingerprints may be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;
(7) For any individual applicant required to obtain a sexually-oriented business employee license as an escort or a semi-nude entertainer, a certificate from the Utah County Health Department, stating that the individual has, within thirty (30) days immediately preceding the date of the original or renewal application, been examined and found to be free of any contagious or communicable diseases;
(8) A statement of the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;
(9) A statement detailing the license or permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or territory, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or has had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application;
(10) All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual, or other entity subject to disclosure under this Chapter, for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition, identifying the convicting jurisdiction and sentencing court, and providing the court identifying case numbers or docket numbers. Application for a sexually-oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
(11) In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located;
(12) A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations, or employment guidelines under or by which the business intends to operate. This description shall also include:
(a) the hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity,
(b) the methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities,
(c) the methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this Chapter or other statutes or ordinances,
(d) the methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity. It is unlawful to knowingly submit false or materially misleading information on or with a sexually-oriented business license application or to fail to disclose or omit information for the purpose of obtaining a sexually-oriented business or employee license.
(Adopted by Ordinance No. 3-98)
7-8-406 License Fees.
(1) An applicant for or owner of a sexually-oriented business shall pay application fees and annual fees in relation to each place at which it is proposed that a sexually-oriented business shall operate in amounts set by Resolution of the City Council.
(2) A Licensed Entertainer shall pay fees to process the application and an annual license fee (in addition to the application fee) in amounts set by Resolution of the City Council.
(3) An Escort shall pay fees to process the application, and an annual license fee (in addition to application fee) in amounts set by Resolution of the City Council
(4) An application fee shall not be prorated. The annual fee described in this section may be prorated, but not to an amount less than one-quarter of the annual fee.
(5) The fees described in this section are in addition to fees paid for business licenses.
(6) An application is not complete until all appropriate fees have been paid.
(Adopted by Ordinance No. 3-98, amended by Ordinance No. 4-06)
7-8-407 Bond.
Each applicant for a sexually-oriented business license shall post, with the City License Officer, a cash or corporate surety bond payable to the City in an amount set by Resolution of the City Council. All sureties on such bond must be approved by the City License Officer before the application is approved. Any fines assessed against the business, officers, or managers for violations of City ordinances shall be taken from this bond if not paid in cash within ten (10) days after notice of the fine, unless an appeal is filed as provided by this Chapter. In the event the funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to equal the original amount set by the City Council within fifteen (15) days of the date of notice of any draw against it.
(Adopted by Ordinance No. 3-98, amended by Ordinance No. 4-06)
7-8-408 Premises Location and Name.
(1) It shall be unlawful to conduct business under a license issued pursuant to this Chapter at any location other than the licensed premises.
(2) It shall be unlawful for any sexually-oriented business to do business in the City under any name other than the business name given in the application.
(Adopted by Ordinance No. 3-98)
7-8-409 Conditions of License Issuance.
The City License Officer shall approve the issuance of a license to the applicant within thirty (30) days after receipt of a completed application, unless the City License Officer finds one or more of the following:
(1) The applicant is under eighteen (18) years of age.
(2) The applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed.
(3) The applicant has falsely answered a material question or request for information as authorized by this Chapter.
(4) The applicant has violated a provision of this Chapter or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the application. A criminal conviction for a violation of a provision of this Chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation.
(5) The premises to be used for the business have been disapproved by the Utah County Health Department, the Fire Department, the Police Department, the building officials, or the zoning officials as not being in compliance with applicable laws and ordinances of the City. If any of the foregoing reviewing agencies cannot complete their review within the thirty (30) day approval or denial period, the agency or department may obtain from the City License Officer an extension of time of no more than fifteen (15) days for their review. The total time for the City to approve or deny a license shall not exceed forty-five (45) days from the receipt of a completed application and payment of all fees. Businesses located outside of the corporate boundaries of the City, but requiring a license under this Chapter, may be denied a license pursuant to this Chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location.
(a) Upon receipt of an application, all departments required to review the application shall determine within seven (7) days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete.
(b) The time for processing applications specified in this Section shall begin to run from the receipt of a complete application.
(c) In the event that a license for semi-nude entertainment, semi-nude dancing agencies, adult businesses, or semi-nude entertainment businesses has not been disapproved within thirty days or the forty-five (45) days allowed after an extension, the City shall issue the license pending completion of the officer’s review.
(d) Any license issued pursuant to (c) above may be revoked by the City, pursuant to the revocation procedures provided for herein, if the completed review determines that the license should have been denied.
(6) The required license fees have not been paid.
(7) All applicable sales and use taxes have not been paid.
(8) An applicant for the proposed business is in violation of or not in compliance with this Chapter or similar provisions found in statutes or ordinances from any jurisdiction.
(9) An applicant has been convicted or pled nolo contendere to a crime:
(a) involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; aiding prostitution; sale, distribution, or display of material harmful to minors; sexual performance by minors; possession of child pornography; lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense; for which:
(i) less than two (2) years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five (5) years if the convictions are of two or more misdemeanors within the five (5) years, or
(ii) less than five (5) years have elapsed from the date of conviction, if the offense is of a felony;
(b) The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Section.
(Adopted by Ordinance No. 3-98)
7-8-410 License Term.
Sexually-oriented business and employee licenses issued pursuant to this Chapter shall be valid from the date of issuance through December 31 of the year of issuance. The license fees required under the fee schedule set forth herein shall not be prorated for any portion of a year, but shall be paid in full for whatever portion of the year the license is applied for.
(Adopted by Ordinance No. 3-98)
7-8-411 Change of Information.
Any change in the information required to be submitted by Section 7-8-405 for either a sexually-oriented business license or sexually-oriented business employee license shall be disclosed by the business or employee to the City License Officer within fourteen days after such change.
(Adopted by Ordinance No. 3-98)
7-8-412 Transfer Restrictions.
Sexually-oriented business licenses issued under this Chapter shall not be transferable. If a license is held by a corporation, partnership, or other non-corporate entity, the transfer of more than a total of one-tenth (1/10) of the ownership share of such entity after issuance of the license shall cause the license to be null and void and the business shall not operate until a new license has been issued as required by this Chapter.
(Adopted by Ordinance No. 3-98)
7-8-413 Display of License.
It shall be unlawful for any sexually-oriented business location within the boundaries of the city to fail to display the license granted pursuant to this Chapter in a prominent location within the business premises. It is unlawful for any individual licensed pursuant to this Chapter to fail to carry, at all times while engaged in licensed activities within the boundaries of the city, their employee license on their person. If the individual is nude, such license shall be visibly displayed within the same room the employee is performing. When requested by police, City licensing or other enforcement personnel or health official, it is unlawful to fail to show the appropriate licenses while engaged in licensed activities within the corporate boundaries of the city.
(Adopted by Ordinance No. 3-98)
7-8-414 Statement in Advertising.
It shall be unlawful for any sexually-oriented business or employee to fail to state in an advertisement by that business or employee that the business or employee is licensed by the City. The statement shall include the City license number.
(Adopted by Ordinance No. 3-98)
7-8-500 Regulations and Unlawful Activities.
It shall be unlawful for any sexually-oriented business or sexually-oriented business employee to:
(1) Allow persons under the age of eighteen (18) years on the licensed premises, except that in adult businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas;
(2) Allow, offer, or agree to conduct any outcall business with persons under the age of eighteen (18) years;
(3) To allow, offer, or agree to allow any alcohol to be stored, used, or consumed on or in the licensed premises;
(4) Allow the outside door to the premises to be locked while any customer is in the premises;
(5) Allow, offer, or agree to gambling on the licensed premises;
(6) Allow, offer, or agree to any sexually-oriented business employee touching or being touched by any patron or customer; except that outcall employees and customers may touch, except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited;
(7) Allow, offer, or agree to illegal possession, use, sale, or distribution of controlled substances on the licensed premises;
(8) Allow sexually-oriented business employees to possess, use, sell, or distribute controlled substances while engaged in the activities of the business;
(9) Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor to occur on the licensed premises or, in the event of an outcall employee or business, the outcall employee committing, offering, or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor;
(10) Allow, offer, commit, or agree to any specified sexual activity as validly defined by City ordinances or State statute in the presence of any customer or patron;
(11) Allow, offer, or agree to any outcall employee appearing before any customer or patron in a state of dress that violates this chapter or any provision of law or ordinance which prohibits obscenity or lewdness;
(12) Allow, offer, or agree to allow a patron or customer to masturbate in the presence of the sexually-oriented business employee or on the premises of a sexually-oriented business.
(Adopted by Ordinance No. 3-98)
7-8-501 Operation Requirements for Outcall Services.
It shall be unlawful for any business or employee providing outcall services contracted for in the city to fail to comply with the following requirements:
(1) All businesses licensed to provide outcall services pursuant to this Chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this Section for a period not less than one year from the date of provision of services thereunder. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract, and pecuniary compensation paid.
(2) All outcall businesses licensed pursuant to this Chapter shall maintain an open office or telephone at which the licensee or licensee’s designated agent may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For outcall businesses which premises are licensed within the corporate limits of the City, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office or any other location by the service, nor shall patrons meet outcall employees at the business premises.
(3) Outcall services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the outcall employee.
(4) All employees of outcall services who provide outcall services within the city shall be licensed in accordance with this Chapter, regardless of the primary location of the business.
(Adopted by Ordinance No. 3-98)
7-8-502 Design of Premises.
(1) In addition to the general requirements of disclosure for a sexually-oriented business, any applicant for a license as an adult business shall also submit a diagram, drawn to scale, of the premises of the business. The design and construction, prior to granting a license or opening for business, shall conform to the following:
(a) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
(b) Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person being allowed in the restroom per stall, and only one person in any stall at a time, and requiring that patrons shall not be allowed access to manager’s station areas.
(c) For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the area shall be designed and constructed so that minors may not see into the area from which they are excluded.
(d) The diagram required shall not necessarily be a professional engineer’s or architect’s blueprint; however, the diagram must show marked internal dimensions, all overhead lighting fixtures, and ratings for illumination capacity.
(2) It shall be the duty of the licensee and the licensee’s employees to insure that the views from the manager’s station in subsection (1) of this Section remain unobstructed by any doors, walls, merchandise, display racks, or any other materials at all times that any patron is present in the premises, and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
(3) The premises shall at all times be equipped and operated 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, measured at floor level. It shall be the duty of the licensee and the licensee’s employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present in the premises.
(Adopted by Ordinance No. 3-98)
7-8-503 Premises of Semi-Nude Dancing Establishments.
(1) It is unlawful for business premises licensed for semi-nude entertainment to:
(a) permit a bed, sofa, mattress, or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater such items may be on the stage as part of a performance;
(b) allow any door on any room used for the business, except for the door to an office to which patrons shall not be admitted, outside doors, and restroom doors to be lockable from the inside;
(c) provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet (3’) high and six inches (6") wide. The patron or patrons shall remain on the side of the barrier and the employee or employees shall remain on the other side of the barrier.
(2) Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of five feet (5’), which separation shall be delineated by a physical barrier at least three feet (3’) high.
(Adopted by Ordinance No. 3-98)
7-8-504 Location Restriction for Semi-Nude Entertainment Business.
It shall be unlawful for any business licensed for semi-nude entertainment to be located within 300 feet of a business licensed for the consumption of alcohol. The distance shall be measured from the boundaries of the parcels of land in which such businesses are located.
(Adopted by Ordinance No. 3-98)
7-8-505 Alcohol Prohibited.
(1) It shall be unlawful for the owner or manager of any business license pursuant to this Chapter to allow the sale, storage, supply or consumption of any alcoholic beverage on the premises.
(2) It shall be unlawful for any person to possess or consume any alcoholic beverage on the premises of any sexually-oriented business.
(Adopted by Ordinance No. 3-98)
7-8-506 Semi-Nude Dancing Agencies.
(1) It shall be unlawful for any individual or entity to furnish, book, or otherwise engage the services of a professional dancer, model, or performer to appear in a state of semi-nudity for pecuniary compensation in or for any semi-nude entertainment business or adult theater licensed pursuant to this Chapter, unless such agency is licensed pursuant to this Chapter.
(2) It shall be unlawful for any individual or entity to furnish, book, or otherwise engage or permit any person to perform as a professional dancer, model, or performer in a state of semi-nudity or nudity, either gratuitously or for compensation, in or for any business licensed pursuant to this Chapter, unless such person is licensed pursuant to this Chapter.
(Adopted by Ordinance No. 3-98)
7-8-507 Prohibited Activities by Performers.
It shall be unlawful for any professional dancer, model, or performer, while performing in any business licensed pursuant to this Chapter to:
(1) Touch in any manner any other person;
(2) Throw any object or clothing off the stage area;
(3) Accept any money, drink, or any other object directly from any person; or
(4) Allow another person to touch such performer or to place any money or object on the performer or within the costume or person of the performer; or
(5) Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity.
(Adopted by Ordinance No. 3-98)
7-8-508 Prohibited Activities by Patrons.
It shall be unlawful for any person or any patron of any business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; or to give or offer to give to any such performer any drinks, money, or object while such performer is performing; except that money may be placed on the stage, which shall not be picked up by the performer except by hand.
(Adopted by Ordinance No. 3-98)
7-8-600 Injunction Upon Violation.
An entity or individual who operates or causes a sexually-oriented business to be operated without a valid license, or who employs or is employed as an employee of a sexually-oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this Chapter is subject to a suit for injunction in addition to the civil and criminal violations provided herein; and any other remedy available at law or in equity.
(Adopted by Ordinance No. 3-98)
7-8-601 License Suspension or Revocation.
(1) The City License Officer may issue a notice suspending or revoking a sexually-oriented business or employee license granted under this Chapter if a licensee or en employee of the licensee has:
(a) violated or is not in compliance with this Chapter;
(b) refused to allow any inspection of the premises of the sexually-oriented business specifically authorized by this Chapter or by any other statute or ordinance;
(c) failed to replenish the cost bond as provided in this Chapter and such a suspension shall extend until the bond has been replenished;
(d) given materially false or misleading information in obtaining the license;
(e) knowingly operated the sexually-oriented business or worked under the employee license during the period when the business licensee or employee licensee’s license was suspended;
(f) a licensee has committed an offense which would be grounds for denial of a license for which the time period required has not elapsed;
(g) on two (2) or more occasions within a twelve (12) -month period, a person or persons committed in or on, or solicited for on the licensed premises, an offense which would be grounds for denial of a license for which a conviction has been obtained, and the person or persons were employees, whether or not licensed, of the sexually-oriented business at the time the offenses were committed;
(2) Suspension or revocation shall take effect within ten (10) days of the issuance of notice, unless an appeal is filed as provided by Section 7-8-603.
(3) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(Adopted by Ordinance No. 3-98)
7-8-602 Effect of License Revocation.
When a license issued pursuant to this Chapter is revoked, the revocation shall continue for one year from its effective date, and the licensee shall not be issued a sexually-oriented business or employee license for one year from the date of such revocation.
(Adopted by Ordinance No. 3-98)
7-8-603 Appeals.
(1) Any person aggrieved by any decision of the City License Officer pursuant to Section 7-8-409, 7-8-601, or 7-8-604(1) shall have the right to appeal to the City Council by filing a written appeal within ten (10) days following the effective date of the decision appealed from. The appeal shall include a copy of the order or decision appealed from and shall include a statement of the facts relied upon to reverse the order or decision.
(2) The City Council shall fix a time and place for hearing the appeal and shall give notice thereof to appellant by mail at least ten (10) days before the hearing. Notice shall be sufficient when mailed to the last known address of the appellant as shown on the records of the City License Officer or to the address of appellant contained in the notice of appeal. The findings of the City Council upon such hearing shall be final.
(Adopted by Ordinance No. 3-98)
7-8-604 Penalty.
(1) In addition to suspension or revocation of a license as provided in this Chapter, each violation of this Chapter shall, upon citation by the City License Officer, require the licensee to pay a civil penalty in the amount of $500.00. Such fines shall, unless paid within ten (10) days, be deducted from the bond posted pursuant to this Chapter.
(2) Any person violating any provision of this Chapter, whether by an act of commission or omission, is guilty of a misdemeanor, and upon conviction thereof shall be liable to punishment by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment. Each day of a violation shall be considered a separate offense.
(Adopted by Ordinance No. 3-98)
7-8-605 Responsibility.
A sexually-oriented business licensee shall be responsible for the conduct of all employees while on the licensed premises, and 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 licensee for the purposes of determining whether the licensee’s license shall be revoked, suspended, or renewed.
(Adopted by Ordinance No. 3-98)