Chapter 9.14 — ADULT ENTERTAINMENT BUSINESS

A.

It has been demonstrated that various forms of adult businesses, as defined in Section 9.14.020, possess certain objectionable operational characteristics which can have a deleterious effect upon neighboring land uses and on areas in close proximity thereto.

B.

It has also been demonstrated that locating certain adult entertainment businesses in the vicinity of facilities frequented by minors, exposes minors to adult materials, which because of the minors' immaturity may adversely affect them.

C.

In addition, it is recognized that certain adult entertainment facilities can be detrimental to residential neighborhood areas and can, if not properly controlled and regulated, result in the deterioration of existing businesses in commercial areas that are the subject of current revitalization efforts, will adversely affect such efforts by discouraging new businesses from locating in such areas and will, in addition, adversely affect the rehabilitation of existing commercial business within those areas.

D.

Regulation, therefore, of adult businesses is necessary from a land use standpoint to insure that the adverse effects of such uses will not contribute to the blighting, deterioration or the downgrading of surrounding neighborhoods or the efforts to revitalize existing commercial areas within the incorporated area of the town.

E.

The purpose and intent of the town council by enacting this chapter to prohibit the establishment of any use which qualifies as an adult entertainment business, as defined in Section 9.14.020, in the incorporated area of the town, except within the established I-S industrial service district.

F.

It is the objective of the town council, by this chapter, to prohibit any such adult entertainment business from being established which may be in conflict with the provisions of this chapter. (Ord. 178 §3(E), 1988;

Ord. 100 §1, 1983)

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purposes of this chapter.

A.

"Adult entertainment businesses" are defined as follows:

"Adult bookstore" is an establishment having as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characteristic by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such materials.

"Adult hotel or motel" means a hotel or motel wherein material is regularly presented which has as its dominant or predominant theme the depiction or description of "specified sexual activities" or "specified anatomical activities."

"Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty persons used for presenting a preponderance of films whose dominant or predominant character and theme is the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the preponderance of images displayed have as their dominant or predominant theme the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting a preponderance of films whose dominant or predominant character and theme is the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Cabaret" means a nightclub, theater or other establishment which features live performance by topless and/or bottomless dancers, strippers or similar entertainers, where the dominant or predominant character

or theme of such performances is the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Massage parlor" means any place where for any form of consideration of gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas."

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying the consideration or gratuity.

"Other adult entertainment businesses" means any other business or establishment which offers its patrons services or entertainment whose dominant or predominant character and theme is the performance of "specified sexual activities" or depiction of "specified anatomical areas."

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

B.

"Specified anatomical areas" means:

Less than completely and opaquely covered:

a.

Human genitals, pubic region,

b.

Buttocks, and

c.

Female breast below a point immediately above the top of the areola; or

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

C.

"Specified sexual activities" means:

Actual or simulated sexual intercourse, oral copulation and intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

Fondling or touching nude human genitals, pubic region, buttocks or female breast; or

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 100 §§2, 3, 4, 1983)

A.

The location of any adult entertainment business as defined in subsection A of Section 9.14.020, is permitted only in the I-S industrial service district, as defined in Chapter 17.23.

B.

No person shall cause or permit the establishment of any adult entertainment business as defined in subsection A of Section 9.14.020, at any place within the incorporated area of the town except in those areas defined in subsection A of this section. (Ord. 178 §3(F), 1988: Ord. 100 §§5, 6(part), 1983)

The establishment of an adult entertainment business includes the opening of the business as a new business, the relocation of the business or the conversion of an existing business location to any of the uses defined in subsection A of Section 9.14.020. (Ord. 100 §6(part), 1983)

Adult entertainment businesses as described in subsection A of Section 9.14.020, shall not erect any sign or display or exhibit any material depicting any specified sexual activities or specified anatomical areas which exposes the material to the view of persons outside the building in which the adult entertainment business is located. The only sign permitted with respect to the operation of any such business is a single unlighted sign no larger than six square feet. (Ord. 100 §8, 1983)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for a period of not more than six months in the county jail or by both such fine and imprisonment. (Ord. 100 §7, 1983)