Chapter 5.25 SEXUALLY ORIENTED BUSINESSES

The provisions codified in this chapter shall be known and may be referred to as the “sexually oriented business and employee licensing ordinance.” [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-010.]

5.25.020 Purpose and findings.

(A) Purpose. It is the purpose of this chapter to regulate sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented 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 not 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.

(B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books, Inc., 478 U.S. 697, (1986); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); United States v. O’Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir. 1984); and N.W. Enterprises v. City of Houston, 27 F.Supp. 2d 754 (S.D. Tex. 1998), as well as studies conducted in other cities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings reported in the Final Report of the Attorney General’s Commission on Pornography (1986), the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the City Council finds that:

(1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises.

(2) Crime statistics show that all types of crimes, especially sex related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located.

(3) Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

(4) Offering and providing such booths and/or cubicles encourages such activities, which creates unhealthy conditions.

(5) Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses, for the purpose of engaging in sex within the premises of such sexually oriented businesses.

(6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections.

(7) As of June 2001, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was 793,025.

(8) The total number of cases of genital chlamydia trachomatis infections in the United States reported in 2000 was 702,093, a six percent increase over the year 1999.

(9) The total number of cases of early (less than one year) syphilis in the United States reported during the 12-year period 1996-2000 was 212,672.

(10) The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of 1,730,911 cases reported during the period 1996-2000.

(11) The surgeon general of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug use, exposure to infected blood and blood components, and from an infected mother to her newborn.

(12) According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

(13) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities.

(14) Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually oriented businesses where persons view “adult” oriented films.

(15) Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity.

(16) Nude dancing in adult establishments increases the likelihood of drug dealing and drug use.

(17) Alcohol consumption in adult establishments increases the likelihood of crime, illegal drug use, and illegal sexual activity, and encourages undesirable behavior that is not in the interest of the public health, safety, and welfare.

(18) The findings noted in subsections (B)(1) through (B)(17) of this section raise substantial governmental concerns.

(19) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

(20) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually oriented businesses. Further, such licensing procedure will place a heretofore nonexistent incentive on operators to see that the sexually oriented business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

(21) Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments.

(22) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity.

(23) It is desirable, in the prevention of crime and the spread of communicable diseases, to obtain a limited amount of information regarding certain employees who may engage in the conduct this chapter is designed to prevent, or who are likely to be witnesses to such activity.

(24) The fact that an applicant for a sexually oriented business license has been convicted of a sex-related crime leads to the rational assumption that the applicant may engage in that conduct in contravention to this chapter.

(25) The barring of such individuals from operation or employment in sexually oriented businesses for a period of five years for a previous felony conviction serves as a deterrent to further criminal conduct, and prevents conduct which leads to the transmission of sexually transmitted diseases.

(26) The general welfare, health, morals, and safety of the citizens of this City will be promoted by enactment of this chapter.

(27) When more than one sexually oriented business use occupies the same location or business address, the secondary effects caused by such businesses are increased. Secondary effects are eliminated or controlled to a greater degree when only a single sexually oriented business use is allowed to occupy the same location. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-020.]

5.25.030 Application of provisions.

This chapter imposes regulatory standards and license requirements 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 codified in other chapters and provisions of the business regulations of the City. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-030.]

5.25.040 Definitions.

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

“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, videos, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”

“Adult bookstore” or “adult video store” means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, electronic media or other visual representations that are characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas”; or

(2) Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”

A principal business purpose exists if materials offered for sale or rental depicting or describing “specified sexual activities” or “specified anatomical areas” generate 20 percent or more of the business’s income, or account for 20 percent or more of inventory, or occupy 20 percent or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as “adult bookstore” or “adult video store.” Such other business purposes will not serve to exempt such commercial establishments from being categorized as an “adult bookstore” or “adult video store” so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(3) “Adult cabaret” means a nightclub, bar, restaurant, cafe or similar commercial establishment that regularly, commonly, habitually, or consistently features:

(a) Persons who appear in a state of nudity or semi-nudity; or

(b) Live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

(c) Films, motion pictures, video cassettes, slides, photographic reproductions, or other image producing devices that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or

(d) Persons who engage in “exotic” or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

“Adult motel” means a hotel, motel or similar commercial establishment that:

(1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or

(2) Offers a sleeping room for rent for a period of time that is less than 24 hours; or

(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.

“Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”

“Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

“Director” means the Chief of Police and such employee(s) of the City Police Department as he or she may designate to perform the duties of the Director under this chapter.

“Employee” means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage, or other compensation by the operator of said business. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does “employee” include a person exclusively on the premises as a patron or customer.

“Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

“Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

“Establishment” means and includes any of the following:

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

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

(3) The additions of any sexually oriented business to any other existing sexually oriented business; or

(4) The relocation of any sexually oriented business; or

(5) A sexually oriented business or premises on which the sexually oriented business is located.

“Licensed day care center” means a facility licensed by the state of Utah, whether situated within the City or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.

“Licensee” means a person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.

“Live theatrical performance” means a play, skit, opera, ballet, concert, comedy, or musical drama.

“Nude model studio” means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

“Nudity” or a “state of nudity” means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.

“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.

“Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

“Premises” means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to SCC 5.25.070.

“Semi-nude” means a state of dress in which opaque clothing covers no more than the female breast below a point immediately above the top of the areola; 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 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.

“Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2) Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

A principal business purpose exists if the services offered are intended to generate business income.

“Sexually oriented business” means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center or semi-nude entertainment business.

“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. Sexually oriented business 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:

(1) The human male genitals in a discernibly turgid state, even if fully and opaquely covered;

(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

“Specified criminal activity” means any of the following offenses:

(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex related offenses to those described above under the criminal or penal code of this state, other states, or other countries;

(2) For which:

(a) Fewer than two years have elapsed since 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) Fewer than five years have elapsed since 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;

(c) Fewer than five years have elapsed since 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 for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period;

(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

“Specified sexual activities” means:

(1) Acts of:

(a) Masturbation,

(b) Human sexual intercourse,

(d) Fellatio,

(e) Cunnilingus,

(f) Bestiality,

(g) Pederasty,

(h) Buggery, or

(i) Any anal copulation between a human male and another human 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,

(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.

“Substantial enlargement” of a sexually oriented business means the increase in floor areas occupied by the business by more than 25 percent, as the floor areas existed on January 1, 2004.

“Transfer of ownership or control” of a sexually oriented business means and includes any of the following:

(1) The sale, lease, or sublease of the business;

(2) The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or

(3) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-040.]

5.25.050 Obscenity and lewdness – Statutory provisions.

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 SCC Title 12, any proscription relating to “lewdness” as defined in this code, or other applicable federal or state statutes prohibiting obscenity. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-050.]

5.25.060 Location and zoning restrictions.

It is unlawful for any sexually oriented business to do business at any location within the City not zoned for such business. Sexually oriented businesses licensed as adult business or semi-nude entertainment businesses pursuant to this chapter shall only be allowed in areas where they are specifically designated as permitted or conditional uses and where they are otherwise permitted pursuant to SCC Title 10. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-060.]

5.25.070 Business license required.

(A) It shall be unlawful:

(1) For any person to operate a sexually oriented business without a valid sexually oriented business operator’s license (“operator’s license”) issued by the Director pursuant to this chapter; or

(2) For any person who operates a sexually oriented business to employ a person to work and/or perform services on the premises of the sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license (“employee license”) issued to such employee by the Director pursuant to this chapter; or

(3) For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license issued to such person by the Director pursuant to this chapter.

(4) It shall be a defense to subsections (A)(2) and (A)(3) of this section if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises.

(B) An application for a sexually oriented business operator’s license must be made on a form provided by the City. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Prior to issuance of an operator’s license, the premises must be inspected by the Health Department, Building Department, and Zoning Department. Prior inspection by the Health Department and Building Department shall be required only when the provisions set forth in SCC 5.25.240 and/or 5.25.250 are applicable.

(D) All applicants for a license must be qualified according to the provisions of this chapter. The application may request, and the applicant shall provide, such information reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established under this chapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.

(E) If a person who wishes to own or operate a sexually oriented business is an individual, he or she must sign the application for an operator’s license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10 percent or greater interest in the business must sign the application for an operator’s license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator’s license as applicant.

(F) Applications for an operator’s license, whether original or renewal, must be made to the Director by the intended operator of the enterprise. Applications must be submitted to the office of the Director or the Director’s designee during regular working hours. Application forms shall be supplied by the Director. The following information shall be provided on the application form:

(1) The name, street address (and mailing address if different) of the applicant(s);

(2) The applicant’s Social Security number and/or his/her state or federally issued tax identification number;

(3) The name under which the establishment is to be operated and a general description of the services to be provided. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state: (a) the sexually oriented business’s fictitious name; and (b) submit the required registration documents;

(4) Whether the applicant has been convicted, or is awaiting trial on pending charges, of a “specified criminal activity” as defined herein, and, if so, the “specified criminal activity” involved, the date, place, and jurisdiction of each;

(5) Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation;

(6) Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;

(7) The single classification of license, as found in SCC 5.25.080, for which the applicant is filing;

(8) The telephone number of the establishment;

(9) The address and legal description of the tract of land on which the establishment is to be located;

(10) If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the business license is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the business license is sought;

(11) If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than 10 days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the same;

(12) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in SCC 5.25.250.

(G) Each application for an operator’s license shall be accompanied by the following:

(1) Payment of the application fee in full;

(2) If the establishment is a state of Utah corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

(3) If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;

(4) If the establishment is a limited partnership or limited liability company formed under the laws of the state of Utah, a certified copy of the certificate of limited partnership or limited liability company, together with all amendments thereto;

(5) If the establishment is a foreign limited partnership or limited liability company, a certified copy of the certificate of limited partnership or limited liability company and the qualification documents, together with all amendments thereto;

(6) Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;

(7) If the persons identified as the fee owner(s) of the tract of land in subsection (G)(6) of this section is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business;

(8) A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; and the property lines of any established licensed day care center, religious institution/synagogue, school, public park or recreation area within 1,000 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;

(9) Any of subsections (G)(2) through (G)(8) of this section shall not be required for a renewal application if the applicant states that the documents previously furnished to the Director with the original application or previous renewals thereof remain correct and current.

(H) Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the Director by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the Director. Applications must be submitted to the office of the Director or the Director’s designee during regular working hours. Each applicant shall be required to give the following information on the application form:

(1) The applicant’s given name, and any other names by which the applicant is or has been known, including “stage” names and/or aliases;

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

(3) Height, weight, hair color, and eye color;

(4) Present residence address and telephone number;

(5) Present business address and telephone number;

(6) Date, issuing state, and number of photo driver’s license, or other state issued identification card information;

(7) Social Security number; and

(8) Proof that the individual is at least 18 years old.

The personal information provided in this subsection shall be confidential, and shall not be disclosed to the public except to the extent required by state or federal law.

(I) Attached to the application form for any license under this chapter shall be the following:

(1) A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.

(2) A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

(3) A statement whether the applicant has, within the past five years, been convicted, or is awaiting trial on pending charges, of a “specified criminal activity” as defined herein and, if so, the “specified criminal activity” involved, the date, place and jurisdiction of each.

(J) Every application for a license under this chapter shall contain a statement under oath that:

(1) The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and

(2) The applicant has read the provisions of this chapter.

(K) A separate application and operator’s license shall be required for each sexually oriented business classification as set forth in SCC 5.25.080.

(L) The fact that a person possesses other types of state or City permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business operator or employee license. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-070.]

5.25.080 Business categories – Number of licenses.

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

(B) The categories of sexually oriented businesses are:

(1) Outcall services;

(2) Adult businesses;

(3) Semi-nude entertainment businesses;

(4) Semi-nude dancing agency. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-080.]

5.25.090 License – Fees.

Each applicant for a sexually oriented business or employee license shall be required to pay regulatory license fees as set forth in the consolidated fee schedule. [Ord. 11-08 § 1 (Exh. A); Ord. 08-02 § 27; Code 1971 § 6-5-090.]

5.25.100 License – Bond.

Each applicant for a sexually oriented business license shall post, with the Director, a cash or corporate surety bond payable to Syracuse 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. 11-08 § 1 (Exh. A); Code 1971 § 6-5-100.]

5.25.110 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. 11-08 § 1 (Exh. A); Code 1971 § 6-5-110.]

5.25.120 Issuance of license.

(A) Upon the filing of an application for a sexually oriented business employee license, the Director shall issue a temporary license to said applicant. The application shall then be referred to the appropriate City departments for investigation to be made on the information contained in the application. The application process shall be completed within 30 days from the date of the completed application. After the investigation, the Director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

(1) The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

(2) The applicant is under the age of 18 years; or

(3) The applicant has been convicted of a “specified criminal activity” as defined herein; or

(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this chapter; or

(5) The applicant has had a sexually oriented business employee license revoked by the City within two years of the date of the current application.

If the sexually oriented business employee license is denied, the temporary license previously issued is immediately rendered null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as forth in subsection (I) of this section.

(B) A license issued pursuant to subsection (A) of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.

(C) A license issued pursuant to subsection (A) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any “specified criminal activity” as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in SCC 5.25.090. Nonrenewal of a license shall be subject to appeal as set forth in subsection (I) of this section.

(D) If application is made for a sexually oriented business operator’s license, the Director shall approve or deny issuance of the license within 30 days of receipt of the completed application. The Director shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

(1) An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

(2) An applicant is under the age of 18 years;

(3) An applicant has been denied a license by the City to operate a sexually oriented business within the preceding 12 months, or whose license to operate a sexually oriented business has been revoked within the preceding 12 months;

(4) An applicant is overdue in payment to the City for taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to the sexually oriented business for which license is sought, or the property on which the sexually oriented business is located or will be located;

(5) An applicant has been convicted of a “specified criminal activity” as defined herein;

(6) The premises to be used for the sexually oriented business have not been approved by the Health Department, Building Department, and Zoning Department as being in compliance with applicable laws and ordinances, if such approval is required under other sections of this chapter;

(7) The license fee required under this chapter has not been paid;

(8) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter.

(E) A license issued pursuant to subsection (D) of this section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the business classification as set forth in SCC 5.25.080 for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

(F) If so required under other sections of this chapter, the Health Department, Building Department, and Zoning Department shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the Director. The certification shall be promptly presented to the Director. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in subsection (D) of this section. In the event the Director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business.

(G) A sexually oriented business license shall issue for only one business classification, as set forth in SCC 5.25.080.

(H) In the event that the Director determines that an applicant is not eligible for a sexually oriented operator’s license, the applicant shall be given notice in writing of the reasons for the denial within 30 days of the receipt of the completed application by the Director; provided, that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than 10 days in order to make modifications necessary to comply with this chapter. Notice of denial shall be sent to the applicant in accordance with the notice provisions set forth in SCC 5.25.370.

(I) An applicant may appeal the decision of the Director regarding a denial to the City Council by filing a written notice of appeal with the City Recorder within 10 days from receipt of the notice of denial. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Director may, within 15 days from the date of filing of the notice of appeal, submit a responsive memorandum to the City Council. After reviewing such memoranda, as well as the Director’s written decision, if any, and exhibits submitted to the Director, the City Council shall vote either to uphold or overrule the Director’s decision. Such vote shall be taken within 21 calendar days after the date on which the City Recorder receives the notice of appeal. The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. Judicial review of a denial by the Director and City Council may be made pursuant to SCC 5.25.170. The status quo shall continue to be maintained during the pendency of judicial review.

(J) A license issued pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any “specified criminal activity” as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in SCC 5.25.090. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-120.]

5.25.130 Inspection.

The City shall regularly inspect the premises of the sexually oriented business in order to ensure compliance with the provisions of this chapter. An applicant or licensee shall permit representatives of the Police Department and/or Health Department to inspect the premises at any time the establishment is open for business. Such inspection shall be limited to visual assessment of the activities conducted in areas to which patrons have access or are allowed access; to requests for inspection of the licenses required under this chapter; and to requests for identification of those individuals who reasonably appear to be under the age of 18. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-130.]

5.25.140 Expiration of license – Denial of renewal.

(A) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in SCC 5.25.070. Application for renewal should be made at least 30 days before the expiration date. When application is made less than 30 days before the expiration date, the expiration of the license will not be affected.

(B) When the Director denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the nonrenewal of a license, the status quo immediately prior to nonrenewal shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in SCC 5.25.170. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-140.]

5.25.150 Suspension.

The Director shall suspend a license for a period not to exceed 30 days if he or she determines that licensee or an employee of licensee has:

(A) Violated or is not in compliance with any section of this chapter;

(B) Operated or performed services in a sexually oriented business while intoxicated by the use of alcoholic beverages or controlled substances;

(D) With knowledge, permitted gambling by any person on the sexually oriented business premises.

A licensee may appeal the suspension of a license to the City Council in accordance with the procedure set forth in SCC 5.25.120. Notwithstanding any other provisions of this section, in the event a licensee appeals the suspension of a license, the status quo immediately prior to suspension shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in SCC 5.15.080. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-150.]

5.25.160 Revocation.

(A) The Director shall revoke a license if a cause of suspension in SCC 5.25.150 occurs and the license has been suspended within the proceeding 12 months.

(B) The Director shall revoke a license if he or she determines that:

(1) A licensee gave materially false or misleading information in the material submitted during the application process;

(2) A licensee was convicted of a “specified criminal activity” on a charge that was pending prior to the issuance of the license;

(3) A licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises;

(4) A licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic beverages on the premises;

(5) A licensee has, with knowledge, permitted prostitution on the premises;

(6) A licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee’s license was suspended;

(7) A licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises;

(8) A licensee is delinquent in payment to the City or state for any taxes, fees, fines, or penalties relating to the sexually oriented business or the premises thereon;

(9) A licensee has, with knowledge, permitted a person under 18 years of age to enter or remain in the establishment; or

(10) A licensee has attempted to sell his business license, or has sold, assigned, or transferred ownership or control of the sexually oriented business to a nonlicensee of the establishment;

(11) A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business.

(C) When the Director revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became effective. A licensee may appeal the revocation of a license to the City Council in accordance with the procedure set forth in SCC 5.25.120. Notwithstanding any other provision of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in SCC 5.25.170. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-160.]

5.25.170 Judicial review.

Within 30 days of a denial of an initial or renewal application by the Director and City Council, or suspension or revocation of a license by the Director, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-170.]

5.25.180 No transfer of license.

(A) A licensee shall not transfer his/her employee license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application and set forth in the operator’s license.

(B) An operator’s license shall not be transferable from one location to another. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-180.]

5.25.190 License – Display.

It is 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. It is unlawful for any individual licensed pursuant to this chapter to fail to carry their employee license on their person while engaged in licensed activities within the corporate boundaries of the City. If the individual is semi-nude, such license shall be visibly displayed in the same room in which the individual is performing. Individuals or businesses engaged in licensed activities within the corporate boundaries of the City violate the law if they fail to show the appropriate licenses when requested to do so by police, City licensing officials, health officials or other enforcement personnel. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-190.]

5.25.200 License – Statement in advertisements.

It is unlawful for any advertisement by the sexually oriented business or employee to fail to state that the business or employee is licensed by the City, and such advertisement shall include the City license number. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-200.]

5.25.210 Regulations and unlawful activities.

It is unlawful for any sexually oriented business or sexually oriented business employee to:

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

(B) Allow, offer, or agree to conduct any outcall business with persons under the age of 18 years;

(D) Allow the outside door to the premises to be locked while any customer is in the premises;

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

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

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

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

(I) 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;

(J) Allow, offer, commit, or agree to any sex act as validly defined by City ordinances or state statute in the presence of any customer or patron;

(K) Allow, offer, or agree to any employee appearing before any customer or patron in a state of nudity;

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

(M) Appear in a state of nudity before a patron on the premises of a sexually oriented business. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-210.]

5.25.220 Outcall services – Operation requirements.

It is unlawful for any business or employee that provides outcall services contracted for in the City to fail to comply with the following requirements:

(A) All businesses licensed to provide 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 year from the date of provision of services thereunder. 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.

(B) 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 whose 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 owned or leased by the service, nor shall patrons meet outcall employees at the business premises.

(C) 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.

(D) All employees of outcall services who provide outcall services within the City shall be licensed in accordance with this chapter, regardless of the primary location of the business. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-220.]

5.25.230 Additional regulations for adult motels.

(A) Evidence that a sleeping room in a hotel, motel, or a similar commercial enterprise has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the enterprise is an adult motel as that term is defined in this chapter.

(B) It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel, or similar commercial enterprise that does not have a sexually oriented business license, rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.

(C) For purposes of subsection (B) of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.

(D) Violation of subsection (B) of this section shall constitute a misdemeanor. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-230.]

5.25.240 Adult business – Design of premises.

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

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms.

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

(3) 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 premises shall be designed and constructed so that minors may not see into the area from which they are excluded.

(4) 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.

(B) 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 (A)(1) of this section remain unobstructed by any doors, walls, merchandise, display racks, or any other materials at all times that any patron is present within the premises, and 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.

(C) 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 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 within the premises. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-240.]

5.25.250 Regulations pertaining to exhibition of sexually explicit films and videos.

(A) 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 150 square feet of floor space a film, video cassette, or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since said diagram was prepared.

(2) The application shall be sworn to be true and correct by the applicant.

(3) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Director or his designee.

(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.

(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of the entire area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video reproduction equipment. If the premises has two 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 the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

(6) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (A)(5) of this section remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks, or other object(s) shall obstruct from view of the manager’s station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to subsection (A)(1) of this section.

(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level.

(8) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(9) No viewing room or booth may be occupied by more than one person at any time.

(10) No opening of any kind shall exist between viewing rooms or booths.

(11) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no more than one person at a time occupies viewing booths or rooms, and to ensure that no person attempts to make an opening of any kind between the viewing booths or rooms.

(12) The operator of the sexually oriented business shall, each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.

(13) The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(14) The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

(B) A person having a duty under subsections (A)(1) through (14) of this section is in violation of this chapter if he/she, with knowledge, fails to fulfill that duty. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-250.]

5.25.260 Semi-nude entertainment business – Design of premises.

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

(1) 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;

(2) Allow any door on any room used for the business to be lockable from the inside. Doors to an office to which patrons shall not be admitted, outside doors, and rest room doors are exempt from this requirement;

(3) 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 high and six inches wide. The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.

(B) Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of three feet, which separation shall be delineated by a physical barrier at least three feet high. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-260.]

5.25.270 Semi-nude entertainment business – Location restriction.

It is unlawful for any business licensed for semi-nude entertainment to be located within 500 feet of a business licensed for the sale or consumption of alcohol. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-270.]

5.25.280 Semi-nude dancing agencies.

(A) It is 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 such engaging individual or entity is licensed pursuant to this chapter.

(B) It is 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 dancer, model or performer is licensed pursuant to this chapter. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-280.]

5.25.290 Performers – Prohibited activities.

It is unlawful for any professional dancer, model, or performer, while performing in any business licensed pursuant to this chapter, to:

(A) Appear before any customer or patron in a state of nudity;

(B) Touch in any manner any other person;

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

(E) 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

(F) Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-290.]

5.25.300 Patrons – Prohibited activities.

It is unlawful for any person or any patron of any business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; or to give or offer to give any such performer any drinks, money, or object while such performer is performing; except that money may be placed on the stage, which shall not be picked up by the performer except by hand. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-300.]

5.25.310 Existing businesses – Compliance time limits.

The provisions of this chapter shall be applicable to all persons and businesses described herein, whether the herein-described 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.

(A) All such persons and businesses requiring outcall service licenses shall have 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.

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

(C) All adult businesses and semi-nude entertainment businesses that are not covered under subsections (A) and (B) of this section shall have 135 days from the effective date of the ordinance codified in this chapter, or until their current license must be renewed, whichever is first, to comply with the provisions of this chapter. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-310.]

5.25.320 Exterior portions of sexually oriented businesses.

(A) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

(B) It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this chapter.

(C) It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:

(1) The establishment is a part of a commercial multi-unit center; and

(2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

(D) Nothing in this section shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-320.]

5.25.330 Signage.

(A) In addition to applicable City ordinances regarding signs, the following sign regulations shall apply to all sexually oriented businesses within the City. In the event of conflict between the provisions of this section and the provisions of the City sign ordinances, the more restrictive provisions shall apply. Notwithstanding any other City ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one primary sign and one secondary sign, as provided herein.

(B) Primary signs shall have no more than two display surfaces. Each such display surface shall:

(1) Not contain any flashing lights;

(2) Be a flat plane, rectangular in shape;

(3) Not exceed 75 square feet in area; and

(4) Not exceed 10 feet in height or 10 feet in length.

(C) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.

(D) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

(E) Secondary signs shall have only one display surface. Such display surface shall:

(1) Be a flat plane, rectangular in shape;

(2) Not exceed 20 square feet in area;

(3) Not exceed five feet in height and four feet in width; and

(4) Be affixed or attached to any wall or door of the enterprise.

(F) The provisions of subsections (B)(1), (C) and (D) of this section shall also apply to secondary signs. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-330.]

5.25.340 Massages or baths administered by person of opposite sex.

It shall be unlawful for any sexually oriented business, regardless of whether in a public or private facility, to operate as a massage salon, massage parlor or any similar type business where any physical contact with the recipient of such services is provided by a person of the opposite sex. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-340.]

5.25.350 Hours of operation.

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 11:00 a.m. on weekdays and Saturdays. No sexually oriented business shall open for business or remain open for business on Sunday or any legal holiday recognized by the state of Utah. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-350.]

5.25.360 Exemptions.

(A) It is a defense to prosecution under this chapter that a person appearing in a state of nudity did so in a modeling class operated:

(1) By a proprietary school, licensed by the state of Utah, a college, junior college, or university supported entirely or partly by taxation;

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

(B) Notwithstanding any other provision in this chapter, movies rated G, PG, PG 13, or R, by the Motion Picture Association of America (MPAA), or live theatrical performances with serious artistic, social, or political value, that depict or describe specified anatomical areas or specified sexual activities, are expressly exempted from regulation under this chapter. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-360.]

5.25.370 Notices.

(A) Any notice required or permitted to be given by the Director or any other City office, division, department or other agency under this chapter to any applicant, operator or owner of a sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or any notice of address change that has been received by the Director. Notices mailed as above shall be deemed given upon signature for receipt. In the event that any notice given by mail is returned by the Postal Service, the Director or his designee shall cause it to be posted at the principal entrance to the establishment. Notice by posting shall be deemed given 24 hours from time of posting.

(B) Any notice required or permitted to be given to the Director by any person under this chapter shall not be deemed given until and unless it is received in the office of the Director.

(C) It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the Director in writing of any change of residence or mailing address. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-370.]

5.25.380 Injunction.

A person who operates or causes to be operated a sexually oriented business without a valid operator’s license, or in violation of SCC 5.25.060, is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-380.]

5.25.390 Severability.

If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-390.]

5.25.400 Penalty.

Unless otherwise specifically provided herein or provided by law, any person who violates any provision of this chapter shall be guilty of a Class B misdemeanor, subject to fines, forfeitures, penalties and/or imprisonment as provided by law. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-5-400.]

Prior legislation: Ord. 05-13.