Chapter 5.20
SEXUALLY ORIENTED BUSINESSES
Sections:
5.20.020 Location of businesses – Restrictions.
5.20.050 License – Application – Disclosures required.
5.20.070 License – Premises location and name.
5.20.080 License – Issuance conditions.
5.20.010 Purpose.
The purpose and objective of this chapter is to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the city, regulate the signage of such businesses, control the adverse effects of such signage, and prevent inappropriate exposure of such businesses to the community. This chapter is to be construed as a regulation of time, place, and manner of the operation of these businesses, consistent with the United States and Utah Constitutions. [Ord. 2004-6 § 1].
5.20.020 Location of businesses – Restrictions.
A. Sexually oriented business, except outcall services, shall only be permitted in areas zoned GC-1 or CC-1, subject to the following additional restrictions:
1. No sexually oriented business shall be located:
a. Within 1,000 feet of any school, public park, library, or institution.
b. Within 600 feet of any residential use or any agricultural or residential zoning boundary.
c. Within 600 feet of any other sexually oriented business, except outcall services.
d. Within 350 feet of any gateway corridor. The distance shall be measured from the right-of-way boundary.
B. Distance requirements between structures and uses specified in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the property boundaries of the school, public park, religious or cultural activity, residential use, or other sexually oriented business, or from the right-of-way line of a gateway to the structure of the sexually oriented business.
C. Distance requirements from zoning districts for this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential or agricultural district to the sexually oriented business structure. [Ord. 2004-6 § 2].
5.20.030 Signs.
Notwithstanding anything contrary contained in the ordinances of Helper City, the more restrictive requirements for signs shall prevail. Signs for sexually oriented businesses shall be limited as follows:
A. No more than one exterior sign shall be allowed.
B. No sign shall be allowed to exceed 18 square feet.
C. No animation shall be permitted on or around any sign or on the exterior walls or roof of such premises.
D. No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sign. Said signs shall contain alphanumeric copy only.
E. Only flat wall signs and/or awning signs shall be permitted.
F. Painted wall advertising shall not be allowed.
G. Other than the signs specifically allowed by this chapter, the sexually oriented business shall not attach, construct, or allow to be attached or constructed any temporary sign, banner, light, or other device designed to draw attention to the business location. [Ord. 2004-6 § 3].
5.20.040 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
“Adult bookstore” or “adult video store” means a commercial establishment.
1. Which excludes minors from more than 15 percent of the retail floor or shelf space of the premises;
2. Which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes “specified sexual activities” or “specified anatomical areas,” or instruments, devices, or paraphernalia which are designated for use in connection with “specified sexual activities,” except for legitimate medically recognized contraceptives.
“Adult business” means an adult motion picture theater, adult bookstore, or adult video store.
“Adult motion picture theater” means a commercial establishment which:
1. Excludes minors from the showing of two consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or
2. As its principal business, show, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproduction which are primarily characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which:
1. Holds itself out as such a business; or
2. Excludes minors from the showing of two consecutive exhibitions (repeated performance of the same presentation shall not be considered a consecutive exhibition); or
3. As its principal business, features persons who appear in live performances in a state of semi-nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
“Employ” means hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.
“Escort” means any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment, or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. “Escort” shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly, or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than 12 hours and who provide a service not principally characterized as dating or socializing. “Escort” shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
“Escort service” means an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
“Escort service runner” means any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort, or patron by contacting or meeting with escort services, escorts, or patrons at any location within the city, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.
“Nudity” means a state of dress in which the areola of the female breast, or male or female genitals, pubic region or anus are covered by less than the covering required in the definition of semi-nude.
“Operator” means the manager or other natural person principally in charge of a sexually oriented business.
“Outcall services” means services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including but not limited to escorts, models, dancers and other similar employees.
“Patron” means any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this chapter.
“Pecuniary compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.
“Person” means any person, unincorporated association, corporation, partnership, or other legal entity.
“Semi-nude” means a state of dress in which opaque clothing covers no more than the areola of a female breast; and the male or female genitals, pubic region, and anus shall be fully covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point.
“Semi-nude dancing agency” means any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for adult theaters.
“Semi-nude entertainment business” means a business, including adult theater, where employees perform or appear to perform in the presence of patrons of the business in a state of semi-nudity. A business shall also be presumed to be a semi-nude entertainment business if the business holds itself out as such a business.
“Sexually oriented business” means semi-nude entertainment businesses, sexually oriented outcall services, adult businesses, and semi-nude dancing agencies, as defined by this chapter.
“Sexually oriented business employees” means those employees who work on the premises of a sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers, and similar employees. Sexually oriented business employees shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar employees, shall be considered sexually oriented business employees.
“Specified anatomical areas” means the human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.
“Specified sexual activities” means:
1. Acts of:
a. Masturbation;
b. Human sexual intercourse;
c. Sexual copulation between a person and a beast;
d. Fellatio;
e. Cunnilingus;
f. Bestiality;
g. Pederasty;
h. Buggery; or
i. Any anal copulation between a human and another male, human female, or beast;
2. Manipulating, caressing or fondling by any person of:
a. The genitals of a human;
b. The pubic area of a human;
c. The breast or breasts of a human female;
3. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. [Ord. 2004-6 § 4].
5.20.050 License – Application – Disclosures required.
Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the city license authority, the following:
A. The correct legal name of each applicant, corporation, partnership, limited partnership, or entity doing business under an assumed name;
B. If the applicant is a corporation, partnership, or limited partnership, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant, and for each officer, director and any shareholder (corporate or personal) of more than 10 percent of the stock of any applicant. Any holding company, or any entity holding more than 10 percent of an applicant, shall be considered an applicant for purposes of disclosure under this chapter;
1. The shareholder disclosure requirements above shall only be applicable for outcall service licenses;
C. All corporations, partnerships, or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership, or noncorporate entity to sign the checks for such corporation, partnership, or noncorporate entity;
D. For all applicants or individuals, the application must also state:
1. Any other names or aliases used by the individual;
2. The age, date, and place of birth;
3. Height;
4. Weight;
5. Color of hair;
6. Color of eyes;
7. Present business address and telephone number;
8. Present residence and telephone number;
9. Utah drivers license or identification number; and
10. Social security number;
E. Acceptable written proof that any individual is at least 18 years of age;
F. Attached to the form, as provided above, two color photographs of the applicant clearly showing the individual’s face and the individual’s fingerprints on a form provided by the police department. For persons not residing in the city, the photographs and fingerprints may be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agent;
G. For any individual applicant required to obtain a sexually oriented business employee license as an escort or a semi-nude entertainer, a certificate from the Carbon County health department, stating that the individual has, within 30 days immediately preceding the date of the original or renewal application, been examined and found to be free of any contagious or communicable diseases;
H. A statement of the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;
I. A statement detailing the license or permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or territory, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or has had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application;
J. All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual, or other entity subject to disclosure under this chapter, for five years prior to the date of the application. This disclosure shall include identification of all chapter violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition, identifying the conviction jurisdiction and sentencing court, and providing the court identifying case number or docket numbers. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
K. In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner or the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located;
L. A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations, or employment guidelines under or by which the business intends to operate. This description shall also include:
1. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity;
2. The methods of supervision preventing the employee from engaging in acts of prostitution or other related criminal activities;
3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances;
4. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity.
It is unlawful to knowingly submit false or materially misleading information on or with a sexually oriented business license application or to fail to disclose or omit information for the purpose of obtaining a sexually oriented business or employee license. [Ord. 2004-6 § 5].
5.20.060 License – Bond.
Each application for a sexually oriented business license shall post, with the office of the Helper City recorder, a cash or corporate surety bond payable to Helper City in the amount of $2,000. Any fines assessed against the business, officers, or managers for violations of city ordinances shall be taken from this bond if not paid in cash within 10 days after notice of the fine, unless an appeal is filed as provided by this chapter. In the event the funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to $2,000 within 15 days of the date of notice of any draw against it. [Ord. 2004-6 § 6].
5.20.070 License – Premises location and name.
A. It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.
B. It is unlawful for any sexually oriented business to do business in the city under any name other than the business name specified in the application. [Ord. 2004-6 § 7].
5.20.080 License – Issuance conditions.
The city recorder shall approve the issuance of a license to the applicant within 30 days after receipt of a completed application, unless the official finds one or more of the following:
A. The applicant is under 18 years of age;
B. The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business;
C. The applicant has falsely answered a material question or request for information as authorized by this chapter;
D. The applicant has violated a provision of this chapter or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the application. A criminal conviction for a violation of a provision of this chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation;
E. The premises to be used for the business have been disapproved by the Carbon County health department, the fire department, the police department, the building officials, or the zoning officials as not being in compliance with applicable laws and ordinances of the city. If any of the foregoing reviewing agencies cannot complete their review within the 30-day approval or denial period, the agency or department may obtain from the city recorder an extension of time of no more than 15 days for their review. The total time for the city to approve or deny a license shall not exceed 45 days from the receipt of a completed application and payment of all fees. Businesses located outside the corporate boundaries of the city, but requiring a license under this chapter, may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location.
1. Upon receipt of an application, all departments required to review the application shall determine within seven days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete;
2. The time for processing applications specified in this section shall begin to run from the receipt of a complete application;
3. In the event that a license for semi-nude dancing agencies, adult businesses, or semi-nude entertainment businesses has not been disapproved within 30 days or the 45 days allowed after an extension, the city shall issue the license pending completion of the city’s review;
4. Any license issued pursuant to subsection (E)(3) of this section may be revoked by the city, pursuant to the revocation procedures provided for herein, if the completed review determines that the license should have been denied;
F. The required license fees have not been paid;
G. All applicable sales and use taxes have not been paid;
H. An applicant for the proposed business is in violation of or not in compliance with this chapter or similar provisions found in statutes or ordinances from any jurisdiction;
I. An applicant has been convicted or pled nolo contedere to a crime:
1. Involving prostitution, exploitation of prostitution; aggravated promotion of prostitution, aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution, or display of material harmful to minors; sexual performance by minors; possession of child pornography; lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense for which:
a. Less than two years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years if the convictions are of two or more misdemeanors within the five years; or
b. Less than five years have elapsed from the date of conviction, if the offense is of a felony;
2. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section. [Ord. 2004-6 § 8].