Chapter 7-8 SEXUALLY ORIENTED BUSINESSES

It is the purpose and object of this Chapter to establish reasonable and uniform regulations governing the time, place, and manner of operation of sexually oriented businesses and adult-oriented businesses and their employees in the City dealing in materials, services, and/or activities not legally permissible for minors; to promote the health, safety, and general welfare of the citizens of the City; and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of such businesses within the City. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene materials.

(Adopted by Ord. No. 3-98; Ord. No. 14-2009, 08/04/2009)

7-8-102 Application.

This Chapter imposes regulatory standards and license requirements governing the time, place and manner of operations on certain business activities which are characterized as sexually oriented businesses, and certain employees of those businesses characterized as sexually oriented business employees. Except where the context or specific provisions require, this Chapter does not supersede or nullify any other related ordinances, including, but not limited to, those which regulate or prohibit lewdness or obscenity.

(Adopted by Ord. No. 3-98; Ord. No. 14-2009, 08/04/2009)

7-8-103 Obscenity and Lewdness.

Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to the provisions of the Springville Municipal Code or any other ordinance, or other applicable federal or State statutes prohibiting obscenity.

(Ord. No. 14-2009, 08/04/2009)

7-8-104 Definitions.

For the purpose of this Chapter, the following words shall have the following meanings:

(1) “Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing “specified sexual activities” or “specified anatomical areas.”

(2) “Adult bookstore” or “adult video store” means any commercial establishment which excludes minors from more than fifteen percent (15%) of the retail floor or shelf space of the premises; or as one (1) of its principal purposes, offers for sale or rental, for any form of consideration, any one (1) or more of the following: books, magazines, periodicals, or other printed matter; or photographs, films, motion pictures, video cassettes, DVDs, compact discs, or video reproductions, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or description of “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. As used in this Section, “principal purposes” means fifteen percent (15%) or more of the business’s gross yearly sales.

(3) “Adult motel” means a motel, hotel, or similar commercial establishment which:

(a) Offers public accommodations, for any form of consideration, which regularly provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television;

(b) Offers a sleeping room for rent for a period of time less than ten (10) hours; or

(4) “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.

(5) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear live in a state of semi-nudity or live performances which are characterized by their emphasis upon the exhibition of “specified anatomical areas” or “specified sexual activities.”

(6) “Business license official” means Springville City’s business license officer or his or her designee.

(7) “Distinguished or characterized by an emphasis on” means the dominant or principal theme of the object described by such a phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas,” the films so described are those whose dominant or principal character and theme are the exhibition or description of “specified anatomical areas” or “specified sexual activities.”

(8) “Employ,” “employee,” “sexually oriented business employee,” and “employment” describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is designated an employee, independent contractor, agent, or otherwise. Employee and sexually oriented business employee do not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises or similar type of function.

(9) “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 twelve (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 (1) hour.

(10) “Establish” or “establishment” means and includes any of the following:

(a) The opening or commencement of any sexually oriented business as a new business;

(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(d) The relocation of any sexually oriented business.

(11) “Licensee” means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an “employee,” it shall mean the person in whose name the employee license has been issued.

(12) “Nudity” or “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple.

(13) “Opaque” means impervious, having capacity to block out or obstruct the visual image of an object.

(14) “Operate” or “cause to operate” means to cause to function or to put or keep in a state of doing business.

(15) “Operator” means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

(16) “Park” means public land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City park and recreation authorities.

(17) “Patron” means (a) any person who contracts with or employs any sexually oriented outcall service or escort or (b) the customer of any business licensed pursuant to this Chapter.

(18) “Pecuniary compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.

(19) “Person” means any person, unincorporated association, corporation, partnership, or other legal entity.

(20) “Regularly featured” or “regularly shown” means a consistent or substantial course of conduct such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

(21) “Semi-nude” means a state of dress in which any opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

(22) “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 licensed sexually oriented business.

(23) “Semi-nude entertainment business” means any business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of semi-nudity or where live performances are regularly featured which are characterized by their emphasis upon the exhibition of “specified anatomical areas” or “specified sexual activities.” A business shall be presumed to be a semi-nude entertainment business if the business holds itself out as such a business.

(24) “Sexually oriented business” means semi-nude entertainment businesses, sexually oriented outcall services, adult arcades, adult bookstores, adult motion picture theaters, adult video stores, adult theaters, adult motels, and semi-nude dancing agencies, as defined by this Chapter.

(25) “Sexually oriented outcall service” means:

(a) An individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts, or provides or offers 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, regardless of the location of the premises of the licensed business employing the outcall employee; or

(b) An individual or entity who, for pecuniary compensation, acts as an escort or otherwise performs services of a type described in subsection (25)(a) of this section.

(26) “Specified anatomical areas” means (a) human male genitals in a state of sexual arousal; (b) less than completely and opaquely covered human buttocks, anus, anal cleft or cleavage; (c) less than completely and opaquely covered human male or female pubic area or genitalia; or (d) the human female breast from the beginning of the areola, papilla, or nipple to its end with less than full opaque covering.

(27) “Specified criminal acts” include any of the following offenses as they are defined by applicable Utah State Statute: prostitution or promotion of prostitution; dissemination of obscenity or illegal pornographic materials; sale, distribution or display of harmful material to a minor; sexual abuse; sexual abuse of a child; sexual exploitation of children; sexual performance by a child; possession or distribution of child pornography; sexual battery; rape; indecent exposure; indecency with a child; the crimes of criminal pandering, tax violations, embezzlement, or racketeering, if such crimes are directly related to the operation of a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving the same elements from any jurisdiction if the offenses were committed in the State of Utah, regardless of the exact title of the offense.

(28) “Specified sexual activities” means:

(a) Acts, whether real or simulated, of: (i) masturbation, (ii) human sexual intercourse, (iii) sodomy, (iv) fellatio, (v) cunnilingus, (vi) bestiality; (vii) anal intercourse; or (viii) excretory functions as part of or in connection with any of the activities set forth in subsections (28)(a)(i) through (vii) of this section.

(b) Manipulating, caressing, or fondling, or simulating the manipulation, caressing, or fondling by any person of: (i) the genitals of a human, (ii) the pubic area of a human, or (iii) the uncovered female nipple or areola;

(c) Actual or simulated sadomasochistic acts, 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.

(29) “Viewing room” means the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette or other video production.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-200 Location.

(1) It is unlawful for any sexually oriented business to do business at any location within the City not zoned for such business.

(2) It shall be unlawful for a sexually oriented business to operate in any of the following places:

(a) Within one thousand feet (1,000') of any of the following zones as shown on the Official Zoning Map: R1-5, R1-8, R1-10, R1-15, R2, RMF, RMF2, R-MHP. For purposes of this subsection, the distance shall be measured from the zone boundary to the nearest point on the boundary of the parcel of land where a sexually oriented business is located.

(b) Within one thousand feet (1,000') of any “protected use area,” which for the purpose of this Chapter is defined as any park or parkway, public library, church or public or private school. For purposes of this subsection, the distance shall be measured from the property line of the protected use area to the nearest point on the boundary of the parcel of land where a sexually oriented business is located.

(c) Within one thousand feet (1,000') of any other sexually oriented business or business licensed for the sale or consumption of alcohol. For purposes of this subsection, the distance shall be measured from the nearest property line of the business regulated by this Chapter to the nearest property line of the other sexually oriented business or business licensed for the sale or consumption of alcohol.

(Adopted by Ord. No. 3-98, amended by Ord. No. 4-06; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-300 Business License Required.

(1) It shall be unlawful for any person to operate a sexually oriented business, as specified herein, without first obtaining a general business license as required by Chapter 1 of this Title and a sexually oriented business license. The sexually oriented business license shall specify the type of business for which it is obtained, as specified by Section 7-8-302(2).

(2) No license shall be granted to any business if the applicant has a conviction or plea of no contest to any of the specified criminal acts for which:

(a) Less than two (2) years have elapsed from the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(b) Less than five (5) years have elapsed from the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(c) Less than five (5) years have elapsed from the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-301 Exemptions from License Requirement.

The provisions of this Chapter shall not apply to any sex therapist or similar individual licensed by the State to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, or psychologist while providing professional services for which they are licensed, nor shall it apply to any educator licensed by the State for activities in the classroom.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-302 Business Categories – Number of Licenses.

(1) It is unlawful for any business premises to operate or be licensed for more than one (1) category of sexually oriented business, except that a business may have a license for both a sexually oriented outcall service and a semi-nude dancing agency on the same premises.

(2) The categories of sexually oriented businesses are:

(a) Adult arcade;

(b) Adult bookstore;

(d) Adult motel;

(e) Adult motion picture theater;

(f) Adult theater;

(g) Semi-nude dancing agency;

(h) Semi-nude entertainment business;

(i) Sexually oriented outcall service.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-303 Employee Licenses.

(1) It is unlawful for any sexually oriented business to employ or for any individual to be employed by a sexually oriented business in the capacity of a sexually oriented business employee, unless that employee first obtains a sexually oriented business employee license.

(2) No employee license shall be granted to any person if he or she has a conviction or plea of no contest to any of the specified criminal acts for which:

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-304 License Application – Required Disclosures.

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 ten percent (10%) of the stock of any applicant. Any holding company, or any entity holding more than ten percent (10%) of an applicant, shall be considered an applicant for purposes of disclosure under this Chapter.

The information provided by an applicant in connection with an application for a license under this Chapter shall be maintained by the City on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order. The information provided by a sexually oriented business license applicant in connection with the application for a license under this Chapter shall be maintained by the business license official.

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.

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 business license officer, the following:

(1) The correct legal name of each applicant, corporation, partnership, limited partnership, or entity doing business under an assumed name;

(2) For all corporations, partnerships, or non-corporate entities included on the application, the identity of each individual authorized by the corporation, partnership, or non-corporate entity to: (a) receive service of process; and/or (b) sign the checks for such corporation, partnership, or non-corporate entity;

(3) For all applicants or individuals, the following information:

(a) Any other names or aliases used by the individual;

(b) Age, date, and place of birth;

(d) Weight;

(e) Color of hair;

(f) Color of eyes;

(g) Present business address and telephone number;

(h) Present residence and telephone number;

(i) Utah driver’s license or identification number; and

(j) Social Security number;

(4) Acceptable written proof that all applicants or individuals are at least eighteen (18) years of age, or in the case of employees to be employed in businesses where a different age is required by State, federal, or local law, proof of the required age;

(5) Attached to the form, as provided above, two (2) 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 agency;

(6) A statement of the business, occupation, or employment history of the applicant for three (3) years immediately preceding the date of the filing of the application;

(7) A statement detailing the license or permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application, including:

(a) Whether such applicant previously operated or was seeking to operate a sexually oriented business, or was employed by or seeking to be employed by a sexually oriented business, in this or any other county, city, state, or territory;

(b) Whether such applicant has ever had a business or employee license, permit, or authorization 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;

(8) Disclosure by applicants of all misdemeanor criminal convictions or pleas of no contest for five (5) years prior to the application date and all felony convictions or pleas of no contest for ten (10) years prior to the application date, except those which have been expunged, and the disposition of all such convictions or pleas of no contest for the applicant, individual or other entity subject to disclosure under this Chapter. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a class B misdemeanor shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of no contest, and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers 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 no contest for the purposes of any proceeding involving the business or employee license. Each applicant will be required to sign a release authorizing the City to perform a criminal background check;

(9) If 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, a notarized statement must accompany the application from the legal or equitable owner of 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;

(10) 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:

(a) 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;

(b) The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;

(c) 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;

(d) 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.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-305 License Fees.

(1) Each applicant for a sexually oriented business or employee license shall be required to pay regulatory license fees pursuant to a consolidated fee schedule as adopted from time to time by the City Council.

(2) This fee shall be in addition to the other licenses and fees required to do business in the City.

(Adopted by Ord. No. 3-98, amended by Ord. No. 4-06; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-306 Bond.

Each applicant for a sexually oriented business license shall post, with the business license official, a cash or corporate surety bond payable to the City in an amount set by resolution of the City Council. 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 ten (10) days after notice of the fine, unless an appeal is filed as provided by this Chapter. If funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to equal the original amount set by the City Council within fifteen (15) days of the date of notice of any draw against it.

(Adopted by Ord. No. 3-98, amended by Ord. No. 4-06; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-307 Premises Location and Name.

(1) It shall be unlawful to conduct business under a license issued pursuant to this Chapter at any location other than the licensed premises.

(2) It shall be unlawful for any sexually oriented business to do business in the City under any name other than the business name given in the application.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-308 Conditions of License Issuance.

(1) The business license official shall approve the issuance of a license to the applicant within thirty (30) days after receipt of a completed application, unless the business license official finds one (1) or more of the following:

(a) The applicant is under eighteen (18) years of age or any higher age, if the license sought requires a higher 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 specifically authorized by this Chapter.

(d) The applicant has been convicted of a violation of a provision of this Chapter within two (2) years immediately preceding the application or convicted of a violation of similar provisions found in statutes or ordinances from any jurisdiction within one (1) year immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial.

(e) The premises to be used for the business has been disapproved, or otherwise not approved, by the Utah County Health Department, the City Fire Department, the City Police Department, the City building officials, or the zoning officials as not being in compliance with applicable laws and ordinances of the City or the laws of the state.

(f) The license fees required by this Chapter or by other ordinances 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) The applicant has a conviction or plea of no contest to any of the specified criminal acts that fall within the time periods specified in Sections 7-8-300 and 7-8-304. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Section.

(2) An application is not complete until all items required by this Chapter have been completed and returned to the business licensing office and each department as specified in this subsection has determined that the application is complete. A copy of each license application submitted to the Business Licensing Department will be distributed by that department to the Police Department, Planning and Zoning Department, Building Inspection Department, and Fire Department. Each department will determine within seven (7) working days if the application is complete. Incomplete applications will be returned to the applicant.

(3) (a) The total time for the City, including the County Health Department, Fire Department, City Police Department, Building Officials and Zoning Officials, to approve or deny a license shall not exceed thirty (30) days from the receipt of a completed application. If a license for any business described in this Chapter has not been processed within the thirty (30) days allowed, the City shall issue a temporary license pending completion of the City’s review.

(b) No temporary license shall be issued for more than thirty (30) days.

(c) Any temporary license issued pursuant to this Section may be revoked by the City pursuant to the revocation procedures provided for in this Chapter, if the completed review determines that the license is denied.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-309 License Term.

(1) Sexually oriented business and employee licenses issued pursuant to this Chapter shall be valid from the date of issuance through December 31st of the year of issuance.

(2) The license fees required under the fee schedule set forth herein shall not be prorated for any portion of a year, but shall be paid in full for whatever portion of the year the license is applied for.

(3) Sexually oriented business licenses and sexually oriented business employee licenses may be renewed only by making application and payment of a fee as provided for in this Chapter. Application for renewal should be made at least ninety (90) days before the expiration date of said licenses, and when made less than ninety (90) days before the expiration date, the expiration of the license will not be affected.

(4) Any business license issued pursuant to this Chapter will expire no later than ten (10) days following the continuous closure or cessation of business operations for which the license was issued, except when cessation or closure is required to repair damage caused by flood, fire, earthquake or other natural disaster.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-310 Moving of Business Location.

It is unlawful for any sexually oriented business, as regulated herein, to relocate or otherwise move its location or area of operation. A sexually oriented business wishing to relocate must submit the appropriate application for a license as required under this Chapter. Such application shall be reviewed under the terms and conditions of this Chapter and applicable City ordinances.

(Ord. No. 14-2009, 08/04/2009)

7-8-311 Change of Information.

Any change in the information required to be submitted under this Chapter for either a sexually oriented business license or sexually oriented business employee license shall be given, in writing, to the Business License Official and the City Police Department within fourteen (14) days after such change.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-312 Transfer Restrictions.

Sexually oriented business licenses issued under this Chapter shall not be transferable. It is unlawful for a license to be transferred. If a license is held by a corporation, partnership, or other non-corporate entity, the transfer of more than a total of one-tenth (1/10) of the ownership share of such entity after issuance of the license shall cause the license to be null and void and the business shall not operate until a new license has been issued as required by this Chapter.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-313 Display of License.

(1) It shall be unlawful for any sexually oriented business location within the boundaries of the City to fail to display the license granted pursuant to this Chapter in a prominent location within the business premises.

(2) It is unlawful for any individual licensed pursuant to this Chapter to fail to carry, at all times while engaged in licensed activities within the boundaries of the City, their employee license on their person. If the individual is semi-nude, such license shall be visibly displayed within the same room the employee is performing.

(3) When requested by police, City licensing or other enforcement personnel or health official, it is unlawful to fail to show the appropriate licenses.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-314 Statement in Advertising.

It shall be unlawful for any sexually oriented business or employee to fail to state in an advertisement by that business or employee that the business or employee is licensed by the City. The statement shall include the City license number.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-315 Existing Businesses – Compliance Time Limits.

(a) The provisions of this Chapter shall be applicable to all persons and businesses described in this Chapter, whether the activities were established before or after the effective date of the provisions codified in this Chapter and regardless of whether such persons and businesses are currently licensed to do business in the City.

(b) All such persons and businesses requiring sexually oriented outcall service licenses shall have forty-five (45) days from the effective date of the ordinance codified in this Chapter, or until their current license expires, whichever is first in time, to comply with the provisions of this Chapter.

(c) All semi-nude dancing agency licenses shall have seventy-five (75) days from the effective date of the ordinance codified in this Chapter, or until their license must be renewed, whichever is first in time, to comply with the provisions of this Chapter.

(d) All other sexually oriented businesses shall have one hundred thirty-five (135) days from the effective date of the ordinance codified in this Chapter or until their current license must be renewed, whichever is first in time, to comply with the provisions of this Chapter.

(Ord. No. 14-2009, 08/04/2009)

7-8-400 Regulations and Unlawful Activities.

It shall be unlawful for any sexually oriented business or sexually oriented business employee to:

(1) Allow persons under the age of eighteen (18) years on the licensed premises, except that in sexually oriented businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas;

(2) Allow, offer, or agree to conduct any sexually oriented outcall services with persons under the age of eighteen (18) years;

(3) To allow, offer, or agree to allow the sale, storage, supply or consumption of any alcoholic beverage on or in the licensed premises, excluding adult motels;

(4) Allow the outside door to the premises to be locked while any customer is in the premises, excluding adult motels;

(5) Allow, offer, agree to, or commit gambling on the licensed premises;

(6) Allow, offer, or agree to any sexually oriented business employee touching or being touched by any patron or customer; except that outcall employees and customers may touch, except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited;

(7) Allow, offer, or agree to illegal possession, use, sale, or distribution of controlled substances on the licensed premises;

(8) Allow sexually oriented business employees to possess, use, sell, or distribute controlled substances while engaged in the activities of the business;

(9) Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor to occur on the licensed premises or, in the event of an outcall employee or business, the outcall employee committing, offering, or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor;

(10) Allow, offer, commit, or agree to any specified sexual activity as validly defined by City ordinances or State statute in the presence of any customer or patron;

(11) Appear, or allow, offer, or agree to any sexually oriented business employee appearing, before any customer or patron in a state of nudity or any state of dress that violates any provision of law or ordinance which prohibits obscenity or lewdness;

(12) Allow, offer, or agree to allow a patron or customer to masturbate in the presence of the sexually oriented business employee or on the premises of a sexually oriented business;

(13) Allow, offer, or agree to any employee’s committing any of the specified criminal acts;

(14) Refuse to permit officers or agents of the City who are performing functions connected with the enforcement of this Chapter to inspect the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with this Chapter, at any time the sexually oriented business is occupied by patrons or open for business. A licensee’s knowing or intentional refusal to permit such an inspection shall constitute a violation of this Section. The provisions of this subsection do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-401 Operation Requirements for Sexually Oriented Outcall Services.

It shall be unlawful for any business or employee providing sexually oriented outcall services contracted for in the City to fail to comply with the following requirements:

(1) All businesses licensed to provide sexually oriented outcall services pursuant to this Chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this Section for a period not less than one (1) year from the date of provision of services under the contract. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract, and pecuniary compensation paid.

(2) All outcall businesses licensed pursuant to this Chapter shall maintain an open office or telephone at which the licensee or licensee’s designated agent may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For outcall businesses which premises are licensed within the corporate limits of the City, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office or any other location by the service, nor shall patrons meet outcall employees at the business premises.

(3) Sexually oriented outcall services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the outcall employee.

(4) All employees of sexually oriented outcall services who provide such outcall services within the City shall be licensed in accordance with this Chapter, regardless of the primary location of the business.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-402 Hours of Operation.

All premises licensed to operate a sexually oriented business shall only operate between the hours of 10:00 a.m. and 2:00 a.m. of the following day.

(Ord. No. 14-2009, 08/04/2009)

7-8-403 Adult Businesses – Design of Premises.

(1) In addition to the general requirements of disclosure for a sexually oriented business, any applicant for a license as an adult motion picture theater, adult bookstore, adult video store, adult arcade, or adult theater shall also submit a diagram, drawn to scale, of the premises of the business. The design and construction, prior to granting a license or opening for business, shall conform to the following:

(a) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. A manager’s station shall not exceed forty (40) square feet of floor area. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

(b) Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one (1) person being allowed in the restroom per stall, and only one (1) person in any stall at a time, and requiring that patrons shall not be allowed access to manager’s station areas.

(c) For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the area shall be designed and constructed so that minors may not see into the area from which they are excluded.

(d) The diagram required shall not necessarily be a professional engineer’s or architect’s blueprint; however, the diagram must show marked internal dimensions, all overhead lighting fixtures, and ratings for illumination capacity.

(2) It shall be the duty of the licensee and the licensee’s employees to ensure that the views from the manager’s station in subsection (1)(a) of this section remain unobstructed by any doors, walls, merchandise, display racks, or any other materials at all times that any patron is present in the premises. It is the duty of the licensee and the licensee’s employees to ensure that at least one (1) employee is on duty and situated in each manager’s station at all times that any patron is on the premises.

(3) The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) foot-candle, measured at floor level. It shall be the duty of the licensee and the licensee’s employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(4) It shall be the duty of the licensee and the licensee’s employees to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

(5) It shall be the duty of the licensee to ensure that premises are clean and sanitary. Such duty shall be fulfilled if the licensee complies with the following cleaning procedures:

(a) The licensee shall maintain a regular cleaning schedule of at least two (2) cleanings per day, documented by appropriate logs.

(b) The licensee shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least once each week. Prior to collection, solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.

(c) Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-404 Semi-Nude Entertainment Business – Design of Premises.

(1) It is unlawful for business premises licensed for semi-nude entertainment to:

(a) Permit a bed, sofa, mattress, or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater such items may be on the stage as part of a performance;

(b) Allow any door on any room used for the business, except for the door to an office to which patrons shall not be admitted, outside doors, and restroom doors to be lockable from the inside;

(c) Provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet (3') high and six inches (6'') wide. The patron or patrons shall remain on the side of the barrier and the employee or employees shall remain on the other side of the barrier.

(2) Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of ten feet (10'), which separation shall be delineated by a stage at least three feet (3') high.

(3) It shall be a violation of this Chapter for an employee to knowingly or intentionally, in a sexually oriented business, appear in a state of semi-nudity unless the employee is at least three feet (3') from patrons and customers and on a stage at least two feet (2') from the floor.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-405 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, films, video cassettes, or other video reproductions characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements. It shall be unlawful for a person having a duty under this Section to knowingly fail to fulfill that duty.

(1) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.

(2) It shall be the duty of the licensee, and any of the licensee’s employees present on the premises, to ensure that not more than one (1) person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.

(3) It shall be the duty of the licensee, and any of the licensee’s employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make an attempt to make an opening of any kind between viewing rooms.

(4) It shall be the duty of the licensee and any of the licensee’s employees who discovers two (2) or more patrons in a viewing room, or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.

(5) It shall be the duty of the licensee, and any of the licensee’s employees who discovers an opening of any kind between viewing rooms, to immediately secure such rooms and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing of openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.

(6) It shall be the duty of the licensee or one (1) of the licensee’s employees, at least once each business day, to inspect the walls between viewing rooms for openings of any kind.

(7) It shall be the duty of the licensee to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

(a) That no loitering is permitted in viewing rooms.

(b) That the occupancy of viewing rooms is limited to one (1) person.

(d) That the making of openings between viewing rooms is prohibited.

(e) That violators will be required to leave the premises.

(f) That violations of subsections (7)(b), (c) and (d) of this section are unlawful.

(8) It shall be the duty of the licensee to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting.

(9) It shall be the duty of the licensee to ensure that all wall surfaces and seating surfaces in viewing rooms are constructed of, or permanently covered by, nonporous, easily cleanable material.

(Ord. No. 14-2009, 08/04/2009)

7-8-406 Alcohol Prohibited.

It shall be unlawful for any person to possess or consume any alcoholic beverage on the premises of any sexually oriented business.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-407 Semi-Nude Dancing Agencies.

(1) It shall be unlawful for any individual or entity to furnish, book, or otherwise engage the services of a professional dancer, model, or performer to appear in a state of semi-nudity for pecuniary compensation in or for any semi-nude entertainment business or adult theater licensed pursuant to this Chapter, unless the agency providing such service is licensed pursuant to this Chapter.

(2) It shall be unlawful for any individual or entity to furnish, book, or otherwise engage or permit any person to perform as a professional dancer, model, or performer in a state of semi-nudity or nudity, either gratuitously or for compensation, in or for any business licensed pursuant to this Chapter, unless such person is licensed pursuant to this Chapter.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-408 Prohibited Activities by Performers.

It shall be unlawful for any professional dancer, model, or performer, while performing in any business licensed pursuant to this Chapter, to:

(1) Touch in any manner any other person;

(2) Throw any object or clothing off the stage area;

(3) Accept any money, drink, or any other object directly from any person;

(4) Allow another person to touch such performer or to place any money or object on the performer or within the costume or person of the performer; or

(5) Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-409 Prohibited Activities by Patrons.

It shall be unlawful for any person or any patron of any business to:

(1) Touch in any manner any performer or any other semi-nude sexually oriented business employee;

(2) To place any money or object on or within the costume or person of any performer or any other semi-nude sexually oriented business employee;

(3) To give or offer to give to any such performer any drinks, money, or object while any performer or any other semi-nude sexually oriented business employee is performing; except that money may be placed on the stage, which shall not be picked up by the performer except by hand;

(4) Appear in a state of nudity before another person on the premises of a sexually oriented business.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-500 Nudity – Defenses to Prosecution.

It is a defense to prosecution of violation under this Chapter that a person appearing in a state of nudity did so in a modeling class operated by a:

(1) Proprietary school licensed by the State, or a college, junior college or university supported entirely or partly by taxation.

(2) Private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.

(Ord. No. 14-2009, 08/04/2009)

7-8-501 Legitimate Artistic Modeling.

(1) The City does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the United States Constitution or the Constitution of the State of Utah. The City does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of Section 7-8-500, a licensed outcall employee may appear in a state of nudity before a customer or patron, providing that a written contract for such appearance is entered into between the employee and the customer or patron and signed at least twenty-four (24) hours before the nude appearance. All of the other applicable provisions of this Chapter shall apply to such nude appearance.

(2) In the event of a contract for nude modeling or appearance signed more than twenty-four (24) hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this Chapter. During such unlicensed nude appearance, it is unlawful to:

(a) Appear nude or semi-nude in the presence of persons under the age of eighteen (18);

(b) Allow, offer, or agree to any touching of the contracting party or other person by the individual appearing nude;

(c) Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor;

(d) Allow, offer, commit, or agree to any sex act as validly defined by City ordinances or State statute;

(e) Allow, offer, agree, or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude;

(f) Allow, offer, or agree for the individual appearing nude to be within ten feet (10') of any other person while performing or while nude or semi-nude.

(Ord. No. 14-2009, 08/04/2009)

7-8-600 Injunction Upon Violation.

An entity or individual who operates or causes a sexually oriented business to be operated without a valid license, or who employs or is employed as an employee of a sexually oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this Chapter is subject to a suit for injunction in addition to the civil and criminal violations provided herein and any other remedy available at law or in equity.

(Adopted by Ord. No. 3-98; Ord. No. 14-2009, 08/04/2009)

7-8-601 License Suspension.

The City shall issue a written letter that suspends a sexually oriented business license for a period not to exceed thirty (30) days if it is determined that the sexually oriented business licensee has knowingly violated this Chapter or has knowingly allowed an employee to violate this Chapter. The city shall issue a written letter that suspends a sexually oriented employee work permit if it is determined that the employee has knowingly violated this Chapter.

(Adopted by Ord. No. 3-98; Ord. No. 14-2009, 08/04/2009)

7-8-602 License Revocation.

(1) The business license official shall issue a written letter that revokes a sexually oriented business license or a sexually oriented business employee work permit if a cause of suspension in Section 7-8-601 occurs and the license has been suspended within the preceding twelve (12) months.

(2) The business license official shall issue a written letter that revokes a sexually oriented business license or a sexually oriented business employee work permit if the official determines that a licensee or an employee, with the knowledge of the licensee:

(a) Knowingly gave false or misleading information in the application or in any document or diagram related to the operation of the sexually oriented business.

(b) Knowingly allowed possession, use, or sale of controlled substances on the premises.

(d) Knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended.

(e) Committed, is convicted of, or pleads no contest to any specified criminal act as defined in this Chapter.

(f) A licensee or an employee has knowingly allowed any specified sexual activity to occur in or on the licensed premises.

(g) A licensee is delinquent in payment to the City of taxes or fees related to the sexually oriented business.

(3) The fact that any conviction is being appealed shall have no effect on the revocation of the license.

(4) For the purposes of this Chapter, an act by a sexually oriented business employee that constitutes grounds for revocation of that employee’s work permit shall be imputed to the sexually oriented business for purposes of denial, suspension, or revocation proceedings only if the hearing officer determines by a preponderance of evidence that an officer, director, or general partner, or an employee who managed, supervised, or controlled the operation of the business, knowingly allowed such act to occur on the sexually oriented business premises.

(Ord. No. 14-2009, 08/04/2009)

7-8-603 Effect of License Revocation.

When a license issued pursuant to this Chapter is revoked, the revocation shall continue for one (1) year from its effective date, and the licensee shall not be issued a sexually oriented business or employee license for one (1) year from the date of such revocation.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-604 Appeals.

(1) Any person aggrieved by any decision of the business license official pursuant to Section 7-8-601, 7-8-602, or 7-8-605(1) shall have the right to appeal to the City Council by filing a written appeal within ten (10) days following the effective date of the decision appealed from. The appeal shall include a copy of the order or decision appealed from and shall include a statement of the facts relied upon to reverse the order or decision.

(2) The City Council shall fix a time and place for hearing the appeal and shall give notice thereof to appellant by mail at least ten (10) days before the hearing. Notice shall be sufficient when mailed to the last known address of the appellant as shown on the records of the City License Officer or to the address of appellant contained in the notice of appeal. The findings of the City Council upon such hearing shall be final.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-605 Penalty.

(1) In addition to suspension or revocation of a license as provided in this Chapter, each violation of this Chapter shall, upon citation by the Business License Official, require the licensee to pay a civil penalty in the amount of $500.00. Such fines shall, unless paid within ten (10) days, be deducted from the bond posted pursuant to this Chapter.

(2) Any entity or individual violating any provision of this Chapter, whether by an act of commission or omission, is guilty of a misdemeanor, and upon conviction thereof shall be liable to punishment by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment. Each day of a violation shall be considered a separate offense.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-606 Responsibility.

A sexually oriented business licensee shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the licensee for the purposes of determining whether the licensee’s license shall be revoked, suspended, or renewed.

(Adopted by Ord. No. 3-98; renumbered and amended by Ord. No. 14-2009, 08/04/2009)

7-8-607 Remedies and Enforcement Powers.

(1) Nothing herein is intended to limit or prohibit the enforcement of the Springville City Code or other applicable laws through civil or criminal process where the City has determined that enforcement of the procedures outlined in these Sections will not result in effective redress, where there have been repeated violations of the provisions of this Chapter, or where the severity of the violation warrants redress through civil or criminal action.

(2) The City shall have such other remedies as are and as may be from time to time provided by State law or City ordinance for the violation of any provision of this Chapter. Remedies shall be cumulative.

(3) Where multiple violations have occurred or are occurring, each violation of the provisions of this Chapter or other applicable laws is subject to a separate sanction. The City may take into account the number and severity of violations in determining the type of action to take against the offending party.

(Ord. No. 14-2009, 08/04/2009)

7-8-608 Severability.

This Chapter and each section and provision of this Chapter thereunder, are hereby declared to be independent divisions and subdivisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said chapter, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid.

(Ord. No. 14-2009, 08/04/2009)

CHAPTER 8SEXUALLY ORIENTED BUSINESSES

7-8-100 Title.

7-8-101 Purpose.

7-8-102 Application.

7-8-103 Obscenity and Lewdness.

7-8-104 Definitions.

7-8-200 Location.

7-8-300 Business License Required.

7-8-301 Exemptions from License Requirement.

7-8-302 Business Categories – Number of Licenses.

7-8-303 Employee Licenses.

7-8-304 License Application – Required Disclosures.

7-8-305 License Fees.

7-8-306 Bond.

7-8-307 Premises Location and Name.

7-8-308 Conditions of License Issuance.

7-8-309 License Term.

7-8-310 Moving of Business Location.

7-8-311 Change of Information.

7-8-312 Transfer Restrictions.

7-8-313 Display of License.

7-8-314 Statement in Advertising.

7-8-315 Existing Businesses – Compliance Time Limits.

7-8-400 Regulations and Unlawful Activities.

7-8-401 Operation Requirements for Sexually Oriented Outcall Services.

7-8-402 Hours of Operation.

7-8-403 Adult Businesses – Design of Premises.

7-8-404 Semi-Nude Entertainment Business – Design of Premises.

7-8-405 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.

7-8-406 Alcohol Prohibited.

7-8-407 Semi-Nude Dancing Agencies.

7-8-408 Prohibited Activities by Performers.

7-8-409 Prohibited Activities by Patrons.

7-8-500 Nudity – Defenses to Prosecution.

7-8-501 Legitimate Artistic Modeling.

7-8-600 Injunction Upon Violation.

7-8-601 License Suspension.

7-8-602 License Revocation.

7-8-603 Effect of License Revocation.

7-8-604 Appeals.

7-8-605 Penalty.

7-8-606 Responsibility.

7-8-607 Remedies and Enforcement Powers.

7-8-608 Severability.

CHAPTER 8
SEXUALLY ORIENTED BUSINESSES