CHAPTER 111
ADULT BUSINESSES
Section
Cross-reference:
Land Usage, see Title XV
Sign Regulations, see Chapter 156
111.01 PURPOSE.
(A) There are some land uses which, because of their nature, are recognized as having serious objectionable characteristics, particularly when several are concentrated in one area thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary purpose is for preventing a concentration of these uses in any one area.
(B) Uses subject to this chapter are:
(1) Adults-only bookstores;
(2) Adults-only motion picture theaters;
(3) Adult entertainment centers;
(4) Massage parlors; and
(5) Saunas.
(’87 Code, § 9-8-1) (Ord. 94-005; Am. Ord. 94-040)
111.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT CENTER. An enclosed building or a part of an enclosed building, which contains one or more coin-operated mechanisms which, when activated, permit a customer to view a live person unclothed or in attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, or any portion of the pubic hair, anus, cleft of the buttocks, vulva of genitals or an enclosed building or a part of an enclosed building to which there is charged any admission or fee for the viewing of any activity.
ADULTS-ONLY BOOKSTORE. An establishment having as a significant portion of its stock in trade, books, magazines, films for rent or sale and other periodicals which are distinguished or characterized by their principal emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, and having equipment for viewing on premises by use of motion picture devices or other coin-operated means.
ADULTS-ONLY MOTION PICTURE THEATER. An enclosed building used regularly or routinely for presenting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for observation by patrons therein.
MASSAGE PARLOR. An establishment or place primarily in the business of providing massage services other than by licensed massage therapists under the New Mexico Therapy Practice Act, NMSA §§ 61-12C-1 et seq.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion of the aureola thereof, or the depiction of covered male genitals in a discernible turgid state.
SADOMASOCHISTIC ABUSE. Flagellation or torture in which one person is depicted as enjoying the infliction of physical or mental suffering on another person, who is depicted as deriving pleasure from experiencing pain.
SAUNA. An establishment or place primarily in the business of providing a steam bath and massage services other than by licensed massage therapists under the New Mexico Therapy Practice Act, NMSA §§ 61-12C-1 et seq.
SEXUAL CONDUCT. Acts of masturbation, sodomy, sexual intercourse or physical contact with a person’s unclothed genitals, pubic area, buttocks or, if the person be a female, her breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(’87 Code, § 9-8-2) (Ord. 94-005; Am. Ord. 94-040)
111.03 LOCATION RESTRICTIONS.
(A)(1) Adults-only bookstores, motion picture theaters and entertainment centers. No adults-only bookstore, adults-only motion picture theater or adult entertainment center shall be operated or maintained except within a C-1, retail commercial district.
(2) All regulated uses. No adults-only bookstore, adults-only motion picture theater, adult entertainment center, massage parlor or sauna shall be operated or maintained within 500 feet of a residentially zoned district, a church, a state-licensed day-care facility, public library or educational facilities which primarily serve persons age 17 or younger. Only one of the above regulated uses shall be allowed per block face. For the purpose of this chapter residentially zoned districts shall include all R-1, R-2, R-3, E-1, M-H, A-R, and SU for multi-family zoning, which would also include special care facilities such as the Felician Sisters or the Professional Secretaries complex.
(’87 Code, § 9-8-3)
(B) The distance limitations in division (A)(2) above shall be measured in a straight line from the main public entrances of the premises to the lot lines of properties in residentially zoned districts, city-owned or operated recreational facilities, churches, state-licensed day care facilities, public libraries and educational facilities which primarily serve persons age 17 or younger. (’87 Code, § 9-8-4)
(Ord. 94-005; Am. Ord. 94-040) Penalty, § 10.99
111.04 ACTIVITY RESTRICTIONS.
(A) None of the activities described herein may serve or sell alcoholic beverages.
(B) No business shall permit the entry of minors under the age of 18 years.
(’87 Code, § 9-8-5) (Ord. 94-005; Am. Ord. 94-040) Penalty, see § 10.99
111.05 NONCONFORMING USES.
Establishments in violation of § 111.03(A)(2) shall be permitted by § 154.80 as a conditional nonconforming use.
(’87 Code, § 9-8-6) (Ord. 94-005; Am. Ord. 94-040)
111.06 SIGN REQUIREMENTS.
All new regulated uses, and all existing regulated uses, by June 30, 1994, shall comply with the following sign requirements:
(A) All signs shall be flat wall signs in accordance with the Chapter 156 of this code.
(B) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.
(C) Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
(’87 Code, § 9-8-7) (Ord. 94-005; Am. Ord. 94-040) Penalty, see § 10.99