Chapter 5.44
EROTIC DANCE STUDIOS
Sections:
5.44.030 Prima facie evidence of erotic dance studio.
5.44.040 Erotic dance studio license—Application, issuance.
5.44.050 Exotic dance studio license—Renewal.
5.44.070 Dancer’s license—Application, issuance.
5.44.080 Dancer’s license—Renewal.
5.44.090 Erotic dance studio regulations.
5.44.010 Purpose.
The purpose of this Chapter is to regulate erotic dance studios to the end that the many types of criminal activities frequently engendered by such studios will be curtailed. However, it is recognized that such regulation cannot de facto approach prohibition. Otherwise, a protected form of expression would vanish. This Chapter represents a balancing of competing interests: reduced criminal activity through the regulation of erotic dance studios versus the protected rights of erotic dancers and patrons. It is not the intent of this Chapter to establish standards relating to the liquor license privilege of any erotic dance studio.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.020 Definitions.
In this Chapter the following definitions shall apply unless the context clearly requires otherwise:
(1) “Recorder” means the Gladstone City Recorder.
(2) “Council” means the Gladstone City Council.
(3) “Dancer” means a person who dances or otherwise performs for an erotic dance studio and who seeks to arouse or excite the patron’s sexual desires.
(4) “Erotic dance studio” means a fixed place of business which emphasizes and seeks, through one or more dancers, to arouse or excite the patrons’ sexual desires. It includes all such businesses, whether or not they are separately licensed by the Oregon Liquor Control Commission.
(5) “Police Chief” means the Gladstone Chief of Police.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.030 Prima facie evidence of erotic dance studio.
It shall be prima facie evidence that a business is an erotic dance studio when one or more dancers displays or exposes, with less than a full opaque covering, that portion of the female breast lower than the upper edge of the areola.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.040 Erotic dance studio license—Application, issuance.
(1) Application for erotic dance studio license shall be made to the recorder.
(2) An application for erotic dance studio license shall be verified and shall contain or set forth the following information:
(a) The name, home address, home telephone number, principal occupation and age of the applicant;
(b) The business name, business address and business telephone number of the establishment or proposed establishment;
(c) Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a sole proprietorship, the application shall set forth the name, home address, home telephone number and principal occupation of the sole proprietor. If a partnership, the application shall set forth the names, home addresses, home telephone numbers, principal occupation and respective ownership shares of each partner, whether general, limited or silent. If a corporation, the application shall set forth the corporate name, a copy of the articles of incorporation, and the names, home addresses, home telephone numbers and principal occupations of every officer, director and shareholder having more than five percent of the outstanding shares and the number of shares held by each; and
(d) The names, home addresses, home telephone numbers and principal occupations of every person, partnership or corporation having any interest in the real or personal property utilized or to be utilized by the business or proposed business.
(3) The application shall be accompanied by a nonrefundable fee of ten dollars.
(4) Within two days of receipt of an application for an erotic dance studio license containing the information required by this Chapter, the recorder shall transmit copies to the Police Chief for his review.
(5) Within five days of receipt of an application for an erotic dance studio license containing all information required by this Chapter, the recorder shall issue the license.
(6) An erotic dance studio license shall expire on March thirty-first, of each year in which it is issued.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.050 Erotic dance studio license—Renewal.
An erotic dance studio license may be renewed by following the application procedure set forth in GMC Section 5.44.040.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.060 Dancer’s license.
No person shall dance at an erotic dance studio without a valid dancer’s license issued by the recorder.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.070 Dancer’s license—Application, issuance.
(1) An application for dancer’s license shall be verified and shall contain or set forth the following information:
(a) The applicant’s name, including any stage names, home addresses (current or former), home telephone number, date of birth, and aliases (past or present); documentary proof of age must be submitted;
(b) The business name and address where the applicant intends to dance;
(c) The name and address of any promoter, agent or contractor who participated in creating the employment relationship with the erotic dance studio referenced on the dancer’s license application; and
(d) A complete listing of all felony convictions and all misdemeanor convictions involving moral turpitude.
(2) Application shall be accompanied by a nonrefundable fee of five dollars ($5).
(3) Within one business day of receipt of an application for a dancer’s license, the recorder shall issue the license.
(4) A dancer’s license shall expire on December thirty-first of the year in which it is issued.
(5) A dancer’s license shall entitle a dancer to dance only at the business indicated on the dancer’s license application.
(6) Dancers must have ready access to their license while they are performing at the business listed on their license application.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.080 Dancer’s license—Renewal.
A dancer’s license may be renewed by following the application procedure set forth in GMC Section 5.44.070.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.090 Erotic dance studio regulations.
(1) No person, firm, partnership, corporation or other entity shall advertise, or cause to be advertised, an erotic dance studio without a valid erotic dance studio license issued pursuant to this Chapter.
(2) No later than March first of each year, an erotic dance studio licensee shall file a verified report with the recorder showing the licensee’s gross receipts and amounts paid to dancers for the preceding calendar year.
(3) An erotic dance studio licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed as dancers by the licensee.
(4) No erotic dance studio licensee shall employ as a dancer a person under the age of eighteen years or a person not licensed pursuant to this Chapter.
(5) No person under the age of eighteen years shall be admitted to an erotic dance studio which does not require a liquor license from the Oregon Liquor Control Commission. Such a business will be so posted in a conspicuous manner.
(6) An erotic dance studio licensee shall conspicuously display all licenses required by this Chapter.
(7) All dancing shall occur on a platform intended for that purpose which is raised at least two feet (2’) from the level of the floor.
(8) No dancer shall come into physical contact with any patron, or circulate among tables, chairs or similar furniture used or intended for use by patrons.
(9) No dancer shall fondle or caress any patron and no patron shall fondle or caress any dancer.
(10) No dancer shall engage in or simulate any act of sexual intercourse, sodomy, masturbation or other sexual stimulation by the massage of the genital area of the body in the course of the show.
(11) No patron shall directly pay or give any gratuity to any dancer.
(12) No dancer shall solicit any pay or gratuity from any patron.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.100 Inspections.
All books and records required to be kept pursuant to this Chapter shall be open to inspection by the Police Chief, City Attorney, or agents thereof during the hours when the erotic dance studio is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this Chapter.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.110 Nuisance declared.
Any activity, act or conduct contrary to the provisions of this Chapter is hereby declared to be unlawful and a public nuisance and such activity, act or conduct may be enjoined by an action brought by the City Attorney or other interested person.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.
5.44.120 Penalty.
Any person, firm or corporation violating any provision of this Chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted and upon conviction of any such violation such person, firm or corporation shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment, provided, no person shall be deemed guilty of any violation of this Chapter if acting in an investigative capacity pursuant to the request or order of the Police Chief or City Attorney or duly appointed agent thereof.
Statutory Reference: ORS 221.410
History: Ord. 1080 §1, 1987.