For the purpose of this chapter, the following words and phrases
shall have the meaning set forth in this section:
means a building or portion thereof or an area therein, whether
open or enclosed, used for the presentation of motion pictures or
video recordings projected on a screen, which pictures or recordings
are distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons or customers.
means any electrical or mechanical device in which films,
photographs or electronically recorded images are internally projected
or reproduced and may be viewed on a screen or through an opening
on the outside of such devices.
means a building or portion thereof, or an area therein,
open to the public, in which one or more peep show devices may be
used by a member of the public whether admission is charged or not;
and wherein films, photographs or electronically recorded images which
are distinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas are available for viewing
for payment of a fee, through use of a coin, token, key or other activating
device.
means uncovered human genitals, pubic region, buttock and
female breast.
means any of the following:
(Prior code § 18.75; Ord. 2274 § 2, 1983)
It shall be unlawful for any person, association, partnership
or corporation to engage in, conduct, carry on or permit to be engaged
in, conducted, or carried on, in any premises within the City, the
operation of a peep show establishment or adult motion picture establishment
without a valid permit issued pursuant to the provisions of this chapter.
(Prior code § 18.76; Ord. 2274 § 2, 1983)
(A)Â
Any
person, association, partnership, corporation or other entity desiring
to obtain a permit to operate a peep show establishment or an adult
motion picture establishment shall file an application with the Chief
of Police, accompanied by a nonrefundable fee, which shall be set
and may be changed by resolution of the City Council, containing the
following information:
(1)Â
The full, true name and all other names ever used by the applicant(s);
(2)Â
The present address and telephone number of the applicant(s);
(3)Â
The proposed name and address of the peep show establishment or adult
motion picture establishment;
(4)Â
Each residence and business address of the applicant(s) for the three
years immediately preceding the date of the application and the inclusive
dates of each address;
(5)Â
Written proof that applicant(s) is/are 18 years of age or older;
(6)Â
Two full color photographs of the applicant(s) at least two inches
by two inches in size, taken within six months immediately preceding
the date of the application. One photograph will be retained by the
Police Department and one photograph shall be affixed to the permit;
(7)Â
If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its Articles of Incorporation or
Charter, together with the state and date of incorporation and names
and residence addresses of each of its current officers and Directors,
and of each stockholder holding more than five percent of the stock
in the corporation. If the applicant is a partnership, the application
itself shall set forth the name and the residence addresses of each
of the partners, including limited partners. If one or more of the
partners is a corporation, the provisions of this section pertaining
to corporate applicants shall apply. The applicant corporation or
partnership shall designate one of its officers or general partners
to act as its responsible managing officer.
(B)Â
The
Chief of Police shall undertake whatever investigation is necessary
to verify the information contained in the application.
(C)Â
Permits required by this chapter shall be issued by the Chief of Police within 14 days of the filing of the application therefor, unless the Chief of Police makes any of the findings set forth in Section 6-76.010(A) through (D), in which case the permit may be denied or an outstanding permit may be revoked or suspended. The provisions of Sections 6-76.020 through 6-76.050 shall apply to any such action taken by the Chief of Police.
(Prior code § 18.77; Ord. 2274 § 2, 1983)
For each separate peep show device which is used or available for use by the deposit of a coin, token, use of key or for which use a fee is paid, a license shall be obtained and a license fee shall be paid as provided in Chapter 6-04.
(Prior code § 18.78(a); Ord. 2274 § 2, 1983)
Any adult motion picture establishment shall be subject to the license fees set forth in Chapter 6-04 whether or not such establishment is a bona fide motion picture theater, based on the formula five square feet of floor area of the establishment equals one seat.
(Prior code § 18.78(b); Ord. 2274 § 2, 1983; Ord.
3238 § 15, 1996)
Distributors or operators of peep show devices or adult motion picture projection equipment shall pay for the right to distribute such devices and equipment in the City an annual license fee as provided in Chapter 6-04.
(Prior code § 18.78(c); Ord. 2274 § 2, 1983)
(A)Â
A
permit issued under this chapter to any applicant to operate a peep
show establishment or an adult motion picture establishment shall
be displayed in an open and conspicuous public place on the premises.
(B)Â
No
peep show establishment or adult motion picture establishment shall
advertise or display signs, posters, or pictures concerning any of
its stock in trade (such as books, magazines, or pictures) in such
a way as to render said advertisement or display visible from the
public street or sidewalk adjacent to the business premises, if said
advertisement or display contains photographs or language depicting
or referring to specified sexual activities or specified anatomical
areas.
(C)Â
No
peep show establishment or adult motion picture establishment shall
be maintained or operated unless the complete interior of the place
or area where the pictures or images are viewed is visible upon entrance
to such place or area. No partially or fully enclosed booths shall
be maintained.
(Prior code § 18.79; Ord. 2274 § 2, 1983)
No permit issued pursuant to this chapter may be assigned or transferred. Upon sale or transfer of a business which has been issued a permit hereunder the new owner(s) shall apply for a new permit pursuant to Section 6-72.030.
(Prior code § 18.80; Ord. 2274 § 2, 1983)
Any person who is engaging in, conducting or carrying on a lawful
business as an owner or operator of a peep show establishment, or
an adult motion picture establishment, in compliance with all applicable
laws, as of the effective date of the ordinance codified in this chapter,
shall have 90 days within which to comply with the provisions of this
chapter.
(Prior code § 18.81; Ord. 2274 § 2, 1983)
Any person, firm or corporation violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor. Each person
shall be deemed guilty of a separate offense for every day or any
portion thereof during which any violation of any provisions of this
chapter are committed, continued or permitted by such person, firm
or corporation.
(Prior code § 18.82; Ord. 2274 § 2, 1983)
