Chapter 5.40 SEXUALLY ORIENTED BUSINESSES

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 constitutional protections provided by the United States and Utah Constitutions. [Ord. 5-20-97-4. Code 1997 § 9-7-11.]

5.40.030 Application of provisions.

This chapter imposes regulatory standards and license requirements on certain business activities, which are 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. [Ord. 5-20-97-4. Code 1997 § 9-7-12.]

5.40.040 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:

“Adult bookstore” or “adult video store” means a commercial establishment:

(a) Which excludes minors from more than 15 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.

“Adult business” means an adult motion picture theater, adult bookstore or adult video store.

“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.

“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 nudity to which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

“Business license authority” means the city’s business license supervisor or designee.

“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.

“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 other 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 licenses 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 12 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.

“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.

“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.

“Nude and seminude 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, a service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for nude entertainment, seminude dancing bars, or adult theaters.

“Nude entertainment business” means a business, including adult theaters, where employees perform or appear in the presence of patrons of the business in a state of nudity or seminudity. A business shall also be presumed to be a nude entertainment business if the business holds itself out as such a business.

“Nudity” or “state of nudity” means a state of dress in which the nipple and areola of the female breast, or male or female genitals, pubic region or anus are covered by less than the covering required in the definition of seminude.

“Outcall services” means services or type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business including but not limited to escort, models, dancers and other similar employees.

“Patron” means any person who contracts with or employs any escort services, escort or the customer of any business licensed pursuant to this chapter.

“Pecuniary compensation” means a commission, fee, salary, tip, gratuity, hire proceed, reward, or any other form of consideration.

“Person” means any person, unincorporated association, corporation, partnership or other legal entity.

“Seminude” means a state of dress in which opaque clothing covers no more than the nipple and areola of the female breast and the male or female genitals, pubic region and anus, which shall be fully covered by an opaque covering 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.

“Seminude dancing bars” means any business licensed as a class C private club or class C tavern, which permits dancing, modeling, or other performance or appearance however characterized, in a state of seminudity.

“Sexually oriented business” means nude entertainment businesses, sexually oriented outcall services, adult businesses, sex paraphernalia shops, arcades of a sexual nature, seminude dancing bars and seminude dancing agencies, as defined by this chapter.

“Sexually oriented business employees” means those employees who work on the premises of the 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, bartenders 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.

“Specified anatomical areas” means the human male or female pubic area or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the end thereof with less than full opaque covering.

“Specified sexual activities” means:

(a) Acts of:

(i) Masturbation;

(ii) Human sexual intercourse;

(iii) Sexual copulation between a person and a beast;

(iv) Fellatio;

(v) Cunnilingus;

(vi) Bestiality;

(vii) Pederasty;

(viii) Buggery; or

(ix) Any anal copulation between a human male and another human male, human female, or beast;

(b) Manipulating, caressing or fondling by any person of:

(i) The genitals of a human;

(ii) The pubic area of a human;

(iii) The uncovered female nipple and areola;

(c) 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. [Amended during 2011 recodification; Ord. 5-20-97-4. Code 1997 § 9-7-13.]

5.40.050 Obscenity – Statutory provisions.

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 the provisions of Section 76-10-1201 et seq., Utah Code Annotated 1953. [Ord. 5-20-97-4. Code 1997 § 9-7-14.]

5.40.060 Location and zoning restrictions.

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, nude entertainment businesses, outcall services, nude or seminude dancing agencies, or seminude dancing bars pursuant to this chapter shall only be allowed in areas zoned for this use pursuant to RCC Title 18. [Ord. 5-20-97-4. Code 1997 § 9-7-21.]

Article II. Licensing

5.40.070 Business license required.

It is unlawful for any person to operate a sexually oriented business, as specified in RCC 5.40.100, without first obtaining a sexually oriented business license. The business license shall specify the type of business for which it is obtained. [Ord. 5-20-97-4. Code 1997 § 9-7-31.]

5.40.080 Exemptions from license requirements.

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, or psychologist, nor shall it apply to any educator licensed by the state for activities in the classroom. [Ord. 5-20-97-4. Code 1997 § 9-7-32.]

5.40.090 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 First Amendment or similar state protections. The city does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. A licensed outcall employee may appear in a state of nudity before a customer or patron; providing, that a written contract for such appearance was entered into between the customer or patron and the employee and signed at least 24 hours before the nude appearance. All of the other applicable provisions of this chapter shall still apply to such nude appearance.

(2) In the event of a contract for nude modeling or appearance signed more than 48 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 seminude in the presence of persons under the age of 18;

(b) Allow, offer or agree to any touching of contracting party or other person by the individual appearing nude;

(c) Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation to a minor, or committing activities harmful to a minor;

(d) Allow, offer or commit or agree to any sex as validly defined by city ordinances or 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 of any other person while performing or while nude or standing nude. [Ord. 5-20-97-4. Code 1997 § 9-7-33.]

5.40.100 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 nude and seminude dancing agency on the same premises.

(2) The categories of sexually oriented businesses are:

(a) Outcall services;

(b) Adult businesses;

(d) Seminude dancing bars;

(e) Nude and seminude dancing agency. [Ord. 5-20-97-4. Code 1997 § 9-7-34.]

5.40.110 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. [Ord. 5-20-97-4. Code 1997 § 9-7-35.]

5.40.120 License, application, disclosures required.

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 authority, 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 in this section 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 10 percent of the stock of any applicant. Any holding company, or any entity holding more than 10 percent of an applicant, shall be considered an applicant for purposes of disclosure under this chapter.

The shareholder disclosure requirements in this subsection shall only be applicable for outcall service licenses;

(3) All corporations, partnerships, or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership or noncorporate entity to sign the checks for such corporation, partnership or noncorporate 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;

(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 driver’s license or identification number; and

(j) Social Security number;

(5) Acceptable written proof that any individual is at least 18 years of age or, in the case of employees to be employed by businesses where a different age is required, proof of the required age;

(6) Attached to the form as provided in this section, two color photographs of the applicant clearly showing the individual’s face and the individual’s fingerprints on a form provided by the city police department. For persons not residing in the city, the photographs and fingerprints shall 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 as a nude entertainer, a certificate from the Salt Lake Valley health department, stating that the individual has, within 30 days immediately preceding the date of the 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 is subject to disclosure under this chapter, for five years prior to the date of the application. This disclosure shall include identifications 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, and 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 of 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 business intends to operate. This description shall also include:

(a) The hours that the business or service is to be open to the public, and the methods of promoting health and safety of the employees and patrons and preventing them from engaging in illegal activity;

(b) The methods of supervision preventing 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 other acts prohibited by this chapter or other statutory 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 permission of acts of prostitution or other criminal activity. [Amended during 2011 recodification; Ord. 5-20-97-4. Code 1997 § 9-7-36-1.]

5.40.130 License – Fees.

(1) Each applicant for a sexually oriented business or employee license shall be required to pay regulatory license fees pursuant to the following schedule:

(a) Yearly business regulatory license fees:

(i) Adult businesses and seminude dancing bars, $100.00;

(ii) Outcall businesses, $200.00;

(iii) Nude and seminude dancing agencies and nude entertainment businesses, $150.00;

(b) For each business applicant, an individual investigation fee of $100.00 for each applicant required to submit a separate closure application;

(i) Any employee providing outcall business services away from the premises of the outcall business, $150.00;

(ii) Adult business employees, outcall business employees requiring a license but not performing any services outside the licensed premises, nude entertainment business employees requiring a license but not individually providing nude entertainment services to patrons, seminude dancing bar employees requiring a license but who are not performers and employees of nude and seminude dancing agencies requiring license but who are not performers, $50.00;

(iii) Employees of nude entertainment businesses personally providing nude entertainment to patrons, $150.00;

(iv) Professional dancers performing in seminude dancing bars, $100.00.

(2) Any individual applying for more than one license at the same time shall pay the higher of all applicable fees and an additional $20.00 for each additional license requested.

(3) These fees shall be in addition to the other licenses and fees required to do business in the city. [Ord. 5-20-97-4. Code 1997 § 9-7-36-2.]

5.40.140 License – Bond.

Each application for a sexually oriented business license shall post with the city’s director of business licenses a cash or corporate surety bond payable to Riverton City Corporation in the amount of $2,000. 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 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 $2,000 within 15 days of the date of notice of any draw against it. [Ord. 5-20-97-4. Code 1997 § 9-7-36-3.]

5.40.150 License – Premises location and name.

(1) It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.

(2) It is unlawful for any sexually oriented business to do business in the city under any name other than the business name specified in the application. [Ord. 5-20-97-4. Code 1997 § 9-7-36-4.]

5.40.160 License – Issuance conditions.

The city business license official shall approve the issuance of a license to the applicant within 30 days after receipt of an application, unless the official finds one or more of the following:

(1) The applicant is under 18 years of age or any higher age, if the license sought requires a higher age;

(2) The applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business;

(3) The applicant has falsely answered a material question or request for information as authorized by this chapter;

(4) The applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application; however, the fact that a conviction is being appealed shall have no effect on the denial;

(5) The premises to be used for the business have been disapproved by the Salt Lake Valley health department, the city fire department, the city police department, the city building officials or the city 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 30-day approval or denial period the agency or department may obtain from the city business license official an extension for their review of no more than 15 days. The total time for the city to approve or deny a license shall not exceed 45 days from the receipt of an application. 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 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 nude entertainment, seminude dancing bar, nude and seminude dancing agencies, or other adult businesses has not been disapproved within 30 days or the 45 days allowed after an extension, the city shall issue the license pending completion of the city’s review.

(d) Any license issued pursuant to subsection (5)(c) of this section may be revoked by the city pursuant to the revocation procedures of RCC 5.40.370 through 5.40.390 if the completed review determines that the license should have been denied;

(6) The license fees required by this chapter or by other ordinances 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;

(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; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; public indecentness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault; aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a run-away child; criminal attempt, conspiracy or solicitation; commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense which:

(i) Less than two years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years, if the convictions are of two or more misdemeanors within five years; or

(ii) Less than five 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. [Amended during 2011 recodification; Ord. 5-20-97-4. Code 1997 § 9-7-36-5.]

5.40.170 License – Term.

Sexually oriented business and employee licenses issued pursuant to this chapter shall date from approval of issuance by the city and shall expire on the same date as the expiration of the business revenue license as set forth in RCC 5.05.040. The license fees required in RCC 5.05.040 shall not be prorated for a portion of a year, but shall be paid in full for whatever portion of the year the license is applied. [Ord. 5-20-97-4. Code 1997 § 9-7-36-6.]

5.40.180 License – Notice of change of information.

Any change in the information required submitted under this chapter for either a sexually oriented business license or sexually oriented business employee license shall be given in writing to the business license authority and the police department within 14 days after such change. [Ord. 5-20-97-4. Code 1997 § 9-7-36-7.]

5.40.190 License – Transfer limitations.

Sexually oriented business licenses granted under this chapter shall not be transferable. It is unlawful for a license held by an individual to be transferred. It is unlawful for a license held by a corporation, partnership or other noncorporate entity to transfer any part in excess of 10 percent thereof, without filing a new application and obtaining prior city approval. If any transfer of the controlling interest in a business licensee occurs, the license is immediately null and void, and the business shall not operate until a separate new license has been properly issued by the city as provided in this chapter. [Ord. 5-20-97-4. Code 1997 § 9-7-36-8.]

5.40.200 License – Display.

It is 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, at all times while engaged in licensed activities within the corporate boundaries of the city, carry their employee license on their person. If the individual is nude, such license shall be visibly displayed within the same room as 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. [Ord. 5-20-97-4. Code 1997 § 9-7-36-9.]

5.40.210 License – Statement in advertisements.

It is unlawful for any advertisement by the sexually oriented business or employee to fail to state that the business or employee is licensed by the city, and shall include the city license number. [Ord. 5-20-97-4. Code 1997 § 9-7-36-10.]

Article III. Regulations and Requirements

5.40.220 Regulations and unlawful activities.

It is unlawful for any sexually oriented business or sexually oriented business employee to:

(1) Allow persons under the age of 18 years, or the age of 21 years if required by applicable liquor ordinance, 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 18 years;

(3) Except for seminude dancing bars, to allow, offer or agree to allow any alcohol being 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 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 sex act 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 nudity;

(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. [Ord. 5-20-97-4. Code 1997 § 9-7-41.]

5.40.230 Outcall services – Operation requirements.

It is unlawful for any business or employee providing outcall services contracted for in Riverton to fail to comply with the following requirements:

(1) All businesses licensed to provide outcall services pursuant to this chapter shall provide 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 contracted 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. [Ord. 5-20-97-4. Code 1997 § 9-7-42.]

5.40.240 Adult businesses – Design of premises.

(1) In addition to the general requirement 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 license. 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 visible 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 any time, and requiring that patrons shall not be allowed access to manager’s station areas.

(c) For businesses which exclude minors in 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 areas rather than all of the premises shall be designed or 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 many 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 ensure that the view from the manager’s station in subsection (1)(a) of this section remain unobstructed by any dry walls, merchandise, display rack or any other materials, at all times that any patron is present in the premises, and to ensure 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 with sufficient intensity to illuminate every place which patrons are permitted access and illumination of not less than one foot-candle measured at floor level. It shall be the duty of the licensee and the licensee’s employees present at the premises to ensure that the illumination described in this subsection is maintained at all times a patron is present in the premises. [Amended during 2011 recodification; Ord. 5-20-97-4. Code 1997 § 9-7-43.]

5.40.250 Nude entertainment business – Design of premises.

(1) It is unlawful for business premises licensed for 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 high and six inches wide. The patron or patrons shall remain on one 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 three feet, which separation shall be delineated by a physical barrier at least three feet high. [Ord. 5-20-97-4. Code 1997 § 9-7-44.]

5.40.260 Nude entertainment business – Location restriction.

It is unlawful for any business licensed for nude entertainment to be located within 350 feet of a business licensed for the sale or consumption of alcohol. [Ord. 5-20-97-4. Code 1997 § 9-7-45.]

5.40.270 Seminude dancing bar – Operation prerequisites.

It is unlawful for any business licensed for the sale or consumption of alcohol pursuant to city ordinances to allow any person on the premises to dance, model or be, or perform in, a state of seminudity without first obtaining a license pursuant to this chapter. Seminude dancing shall be allowed only in class C private clubs and class C taverns. [Ord. 5-20-97-4. Code 1997 § 9-7-46.]

5.40.280 Seminude dancing bar – Performer restrictions.

It is unlawful for any person to perform or appear in a state of seminudity as a professional dancer, model, performer or otherwise on the premises of a business licensed as a seminude dancing bar, either gratuitously or for compensation, unless that person is licensed as a sexually oriented business employee. [Ord. 5-20-97-4. Code 1997 § 9-7-47.]

5.40.290 Nude and seminude dancing agencies.

(1) It is 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 seminudity or nudity for pecuniary compensation in, or for, any nude entertainment business, adult theater or seminude dancing bar licensed pursuant to this chapter unless such agency is licensed pursuant to this chapter.

(2) It is 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 seminudity 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. [Ord. 5-20-97-4. Code 1997 § 9-7-48.]

5.40.300 Performers – Prohibited activities.

It is unlawful for any professional dancer, model or performer, while performing in any business licensed pursuant to this chapter:

(1) To touch in any manner any other person;

(2) To throw any object or clothing off the stage area;

(3) To accept any money, drink or any other object directly from any person; or

(4) To 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) For the performer to place anything within the costume or adjust or move the costumes while performing so as to render the performer in a state of nudity. [Ord. 5-20-97-4. Code 1997 § 9-7-49.]

5.40.310 Performers – Costume requirements.

It is unlawful for performers in seminude dancing bars to fail to comply with the following costume requirements:

(1) Performers shall at all times be costumed during performances in a manner not to violate any city ordinance concerning disorderly or obscene conduct, and such performers shall not perform or conduct themselves in such a manner as to violate the provision of any city ordinance. No performer shall appear in any business licensed as a seminude dancing bar during a performance or appearance, with less than opaque clothing which meets the definition of seminude, and in the case of a female performer, covers the areola and nipple of such performer in a shape and color other than the natural shape and color of the nipple and areola.

(2) While on the portion of a business licensed as a seminude dancing bar used by patrons, performers shall be dressed in opaque clothing covering the performer’s buttocks and pubic area and, in the case of a female, the breast and nipples. [Ord. 5-20-97-4. Code 1997 § 9-7-50.]

5.40.320 Stage requirements.

It is unlawful for any performer in a business licensed as a seminude dancing bar to appear in costume other than on a stage which shall be at least three feet from the portion of the premises on which patrons are allowed, and which shall be separated from the patrons by a solid barrier railing the top of which shall be at least two feet from the floor. [Ord. 5-20-97-4. Code 1997 § 9-7-51.]

5.40.330 Patrons – Prohibited activities.

It is unlawful for any person or any patron of any business to touch in any manner any performer; to place any money or object on top or within the costume or person of any performer or to give or offer to give to any such performer any drinks, money or objects 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. [Ord. 5-20-97-4. Code 1997 § 9-7-52.]

5.40.340 Nudity – Defenses to prosecution.

It is a defense to prosecution or violation under this chapter that a person appearing in a state of nudity did so in a modeling class originated:

(1) By a proprietary school licensed by the state, or a college, junior college or university supported entirely or partly by taxation;

(2) By a private college or university which maintains and operates educational programs which credits are transferable to a college, junior college or university supported entirely or partially by taxation. [Ord. 5-20-97-4. Code 1997 § 9-7-53.]

Article IV. Compliance – Violations – Appeals

5.40.350 Existing businesses – Compliance of time limits.

The provisions of this chapter shall be applicable to all persons and businesses described herein, whether the herein-described activities were established before or after the effective date of the ordinance codified in this chapter, and regardless of whether such persons and businesses are currently licensed to do business in the city. [Amended during 2011 recodification; Ord. 5-20-97-4. Code 1997 § 9-7-61.]

5.40.360 Violation – Injunction when.

An entity or individual who operates or causes to be operated a sexually oriented business, 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. [Ord. 5-20-97-4. Code 1997 § 9-7-62.]

5.40.370 Violation – License suspension or revocation.

(1) The city may issue a notice suspending or revoking a sexually oriented business or employee license granted under this chapter if a licensee or an employee of the licensee has:

(a) Violated or is not in compliance with this chapter;

(b) Has 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) Has failed to replenish the cost bond as provided in this chapter; such a suspension shall extend until the bond has been replenished;

(d) A licensee or employee gave materially false or misleading information in obtaining the license;

(e) A licensee or an employee 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 or more occasions within a 12-month period, a person or persons committed in or on, or solicited for on the licensed premises, or an outcall employee solicited or committed on or off the 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;

(h) A licensee is delinquent in payment to the city for ad valorem taxes, or sales taxes related to the sexually oriented business.

(2) Suspension or revocation shall take effect within 10 days of the issuance of notice, unless an appeal is filed as provided by this chapter.

(3) The fact that a conviction is being appealed shall have no effect on the revocation of the license. [Ord. 5-20-97-4. Code 1997 § 9-7-63.]

5.40.380 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. [Ord. 5-20-97-4. Code 1997 § 9-7-64.]

5.40.390 Appeal procedures.

(1) If the license is denied or approved with qualifications, or if a notice of suspension, revocation or citation of a civil fine is imposed, the applicant or licensee may file an appeal with the business licensing authority.

(2) Filing of an appeal must be within 10 days of the date of service of the notice of any denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such appeal, the business licensing authority shall schedule a hearing before a designated hearing officer within 20 days from the date of the appeal unless such time shall be extended for good cause.

(3) The hearing officer shall hold a public hearing on the record, and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension, revocation or civil fine was proper under the law. Evidence offered at the public hearing shall not be considered admissible unless the evidence is relevant to the question of whether denial, qualified approval, suspension, revocation, or civil fine was proper under the law.

(4) The burden of proof shall be on the city.

(5) After the hearing, the hearing officer shall have seven working days, unless extended for good cause, in which to render findings of fact, conclusions of law, and recommended decision to the mayor.

(6) Either party may object to the recommendation of the hearing officer by filing the party’s objection and reasons, in writing, to the mayor within seven days following the recommendations. In the event the hearing officer recommends upholding a suspension or revocation, the license shall be immediately suspended, and shall remain suspended until any subsequent appeal is decided. If no objections are received within the seven days, the mayor may immediately adopt the recommendation of the hearing officer.

(7) If objections are received, the mayor may have 10 working days to consider such objections before issuing the mayor’s final decision. The mayor may, in the mayor’s discretion, require additional evidence or require written memorandum on issues of fact or law. The standards by which the mayor shall review the decision of the hearing officer is whether substantial evidence exists in the record to support the hearing officer’s recommendation.

(8) An applicant aggrieved by the mayor’s decision shall have judicial review of such decision pursuant to Rule 65.B., Utah Rules of Procedure, or any other applicable ordinance, statute or rule providing for such review. [Amended during 2011 recodification; Ord. 5-20-97-4. Code 1997 § 9-7-65.]

5.40.400 Violation – Penalty.

In addition to revocation or suspension of license, as provided in this chapter, each violation of this chapter shall, upon citation by the city business license authority, require the licensee to pay a civil penalty in the amount of $500.00. Such fines shall be deducted from the cost bond posted pursuant to this chapter, unless paid within 10 days of the date of the fine or the final determination after appeal. In addition to the civil fines provided by this chapter, the violation of any provision of this chapter shall be a class B misdemeanor; provided, however, that any civil penalty imposed shall be credited toward the levy of any subsequent criminal penalties imposed by a court with proper jurisdiction to hear the criminal offense. Each day of a violation shall be considered a separate defense. [Amended during 2011 recodification; Ord. 5-20-97-4. Code 1997 § 9-7-66.]

5.40.410 Severability.

In the event that any provision of this chapter is declared invalid for any reason, the remaining provisions shall remain in effect. [Ord. 5-20-97-4. Code 1997 § 9-7-67.]