Chapter 5.05
ADULT BUSINESSES
Sections:
5.05.030 Regulations for adult businesses.
5.05.010 Purpose.
It is recognized that the presence of certain “adult businesses” within the community of Monmouth may result in adverse social and economic impacts, increased crime incidents, and physical deterioration in the general areas of such businesses. It is evident that regulations applicable to adult businesses are necessary to preserve the integrity of existing commercial areas of the City, and to protect the character, safety and stability of residential areas that are in close proximity to such commercial areas. The purpose of this chapter is to establish regulations applicable to adult businesses, as defined in the Oregon Revised Statutes and in MCC 5.05.020. (Ord. 929, July 5, 1983. Code 1983 § 67.110.)
5.05.020 Definitions.
For purposes of this chapter, the following terms and business types are hereby defined:
“Adult arcade” shall mean any movie or game arcade which is not customarily open to the general public, but which excludes minors as a legal or prevailing business practice.
“Adult bookstore” shall mean any store having a significant portion of its stock in trade, books, magazines, newspapers, or other printed or written material or any pictures, drawings, photographs, motion pictures, or other pictorial representations which are distinguished by their emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities,” as defined in this section.
“Adult business” shall include any adult arcade, adult bookstore, adult cabaret, adult theater, massage parlor, sexual encounter center, body painting studio, modeling studio, adult hotel or motel, topless or nude bars, or other businesses which are characterized by an emphasis on sexually explicit material dealing with “specified anatomical areas” and/or “specified sexual activities,” as defined in this section.
“Adult cabaret” shall mean a nightclub, adult theater, bar, or other establishment which features topless dancers, nude dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any establishment which features such activities and excludes minors as a legal or prevailing business practice.
“Adult hotel or motel” shall mean any hotel or motel which provides, through closed circuit television or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to “specified sexual activities” or “specified anatomical areas,” or any hotel or motel having hourly rates and excluding minors as a legal or prevailing business practice.
“Adult theater” shall mean any theater or similar facility which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities,” for observation by patrons therein.
“Massage parlor” shall mean any establishment that provides personal massage and is not a part of or directly related to a licensed medical or physical therapy facility.
“Modeling studio” shall mean any establishment in which figure models are provided to display “specified anatomical areas” for the purpose of being observed, sketched, painted, sculptured, photographed, or similarly depicted, and which excludes minors as a legal or business practice.
“Sexual encounter center” shall mean any business, agency, or person who, for any form of consideration or gratuity, provides a place where persons may congregate, assemble or associate for the purpose of engaging in sexual conduct.
“Specified anatomical areas” shall mean:
(a) Less than completely and opaquely covered:
(i) Human genitals, pubic region;
(ii) Buttocks, and
(iii) Female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Ord. 929, July 5, 1983. Code 1983 § 67.120.)
5.05.030 Regulations for adult businesses.
(1) Adult businesses may be granted a conditional use permit by the Planning Commission in accordance with the requirements of the zoning district in which the business is proposed, and in accordance with the following regulations:
(a) The proposed use complies with all requirements set forth for the issuance of a conditional use permit.
(b) The lot on which the business is proposed to be located is classified CH, commercial highway.
(c) The subject lot is not within 200 feet of the nearest residential (R) zoning district.
(d) The lot is not within 500 feet of any lot upon which there is located a church, educational institution primarily attended by minors, a public park or recreational facility, a day nursery or child care center, a mobile home park, or any other public facility which is customarily utilized by minors.
(e) The lot is not within 1,000 feet of any lot upon which there is located another adult business.
(f) The exterior appearance of the structure shall be consistent with the appearance of existing commercial structures on abutting lots or within the immediate neighborhood, so as not to cause blight, deterioration, or avoidable depreciation in property values within the general vicinity.
(g) The business shall be permitted an identification sign but shall not exhibit advertisements, displays, or any other promotional or advertising materials that may be visible to the public outside the structure.
(h) All doorways, windows and other openings shall be located, covered or screened in such a manner to prevent a view into the interior from any exterior public or semi-public area.
(i) No adult business, as defined in this chapter, shall be kept open for business between the hours of 10:00 p.m. and 10:00 a.m., except as specifically permitted by the terms of the conditional use permit.
(j) The Planning Commission may, at its discretion, conduct a poll or survey of residents and property owners in the vicinity of a proposed adult business if such poll or survey is determined to be necessary to adequately assess the social, economic or other impacts of the proposed adult business.
(k) Applicants for licenses under this chapter must file with the City Recorder a sworn application in writing for the license which shall give the following information:
(i) The name of the applicant;
(ii) Permanent home address and full local address of the applicant;
(iii) A brief description of the nature of the business and goods to be sold, if any;
(iv) Length of time for which the right to do business is desired;
(v) The location of the proposed adult business.
(l) Any person violating any of the provisions of this chapter shall be subject to a fine of not to exceed $250.00.
(2) Each day that an adult business is conducted in violation of the provisions of this chapter shall constitute a separate offense. (Ord. 929, July 5, 1983; amended by Ord. 1046, § 22, Dec. 10, 1991. Code 1983 § 67.130.)
5.05.040 License – Required.
No person, or his employee or agent, shall engage in or conduct within the City any adult business unless the license fee has been paid and a license issued as provided herein. (Ord. 929, July 5, 1983. Code 1983 § 67.140.)
5.05.050 License – Period.
License for adult businesses shall be for quarter annual periods commencing on July 1st, October 1st, January 1st and April 1st of each year. No license fee shall be for less than the full three-month quarter annual period. (Ord. 929, July 5, 1983. Code 1983 § 67.150.)
5.05.060 License – Fees.
The license fees to be charged by the City Recorder for an adult business license shall be $500.00 per quarter. (Ord. 929, July 5, 1983. Code 1983 § 67.160.)