Highlights Of Proposed Sex Biz Ordinance
July 11, 2017 at 7:02 p.m.
By David [email protected]
Some of the highlights of the proposed changes (in bold) include:
DEFINITIONS
• Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater, nude/semi-nude model studio or sexual encounter center. No business shall be classified as a sexually oriented business by virtue of showing, selling or renting materials rated NC-17 or R by the Motion Picture Association of America.
• Sexually oriented entertainment activity means the sale, rental or exhibition for any form of consideration, of books, films, videocassettes, magazines, periodicals or live performances which are characterized by an emphasis on the exposure specified anatomical areas or display of specified sexual activities.
• Definition of adult bookstore, adult novelty store or adult video store: means a commercial establishment that has 25 percent or more of its stock-in trade,?and/or as one of its principal business purposes, offers for sale or rent, for any form of consideration any one or more of the following: a.) books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, compact discs, slides or other visual representation which depicts or describes specified anatomical areas or specified sexual activities. b.) instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
• Adult cabaret means nightclub, bar, restaurant or similar commercial establishment which regularly features: a. persons who appear in a state of nudity/semi-nudity; or b. live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or c. films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
• Adult hotel/motel means a hotel, motel or similar establishment which a. offers a sleeping room for rent for a period of time less than eight hours; or b. allows a tenant or occupant of a sleeping room to subrent the room for a period of time less than eight hours.
• Nude, nudity/state of nudity means the appearance of the human (male or female) genitals, pubic area, anal cleft or the showing of the female breast with less than a fully opaque covering of any part of the areola.
• Semi-nude model studio means any place where a person who appears in a state of semi-nudity is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarily depicted by other persons who pay money for any form of consideration.
• Sexual encounter center means a business or commercial enterprise that as one of its primary business purposes offers for any form of consideration a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or when one or more of the persons is nude/semi-nude.
LOCATION
• A person shall not cause or permit to be operated a sexually oriented business within 1,000 feet of a. a church or other place of worship; b. a school; c. a boundary of any residentially zoned district or any residential usage within a commercially/industrially zoned district whether single family, two family or multifamily usage; d. a public park; e. a day care.
• Any sexually oriented business lawfully operating on Aug. 1, 2017, that is in violation ... shall be deemed a nonconforming use. ... If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is considered nonconforming.
EXEMPTIONS
• It is a defense to prosecution if a person appearing in a state of nudity did so in a modeling class operated: 1. by a school licensed by the state, a college, junior college or a university supported entirely or partly by taxation; 2. by a private college or university which maintains and operates educational programs in which credits are transferable to a college, a junior college or a university supported entirely or partly by taxation; or 3. in a structure ... which does not have a sign visible ... where a student must enroll at least three days in advance ... where no more than one nude model is on the premises at any one time.
HOURS OF OPERATION
• No sexually oriented business shall open before 11 a.m. or remain open after 12:01 a.m. the following day. If a sexually oriented business obtains a license to sell alcoholic beverages from the state, it may remain open to sell alcoholic beverages under the terms of that license, but may not conduct sexually oriented entertainment activity after 12:01 a.m.
MONITORING EXTERIOR SPACES
• It shall be the duty of the proprietor to enforce a no-loitering policy within the external boundaries of the real property where the sexually oriented business is located. The proprietor will post conspicuous signs stating the policy on the property.
The proprietor will ensure proper lighting exists on the exterior premises ... (and) will designated at least one employee to monitor the activities of persons on such a property by visually inspecting the property at least once every 90 minutes. If a business chooses to monitor the property by use of video cameras and monitors, they must be operated at all times the premises is open.
LIVE PUBLIC?NUDITY
• No patron, employee or any other person, while in a sexually oriented business, shall appear in a state of nudity. An employee in a sexually oriented business may appear in a state of semi-nudity as long as the employee is at least 6 feet away from a patron or customer and is on a stage elevated at least 2 feet from the floor. No employee, while appearing in a state of semi-nudity, may knowingly touch a customer; no customer may touch an employee while appearing in a state of semi-nudity.
LICENSING
• In order to operate a sexually oriented business, the proprietor is required to obtain a sexually oriented business license. Additionally, any employees ... must obtain a sexually oriented business employee license in their individual capacity. Applicants must file their application with the Warsaw Police Department.
Some of the highlights of the proposed changes (in bold) include:
DEFINITIONS
• Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater, nude/semi-nude model studio or sexual encounter center. No business shall be classified as a sexually oriented business by virtue of showing, selling or renting materials rated NC-17 or R by the Motion Picture Association of America.
• Sexually oriented entertainment activity means the sale, rental or exhibition for any form of consideration, of books, films, videocassettes, magazines, periodicals or live performances which are characterized by an emphasis on the exposure specified anatomical areas or display of specified sexual activities.
• Definition of adult bookstore, adult novelty store or adult video store: means a commercial establishment that has 25 percent or more of its stock-in trade,?and/or as one of its principal business purposes, offers for sale or rent, for any form of consideration any one or more of the following: a.) books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, compact discs, slides or other visual representation which depicts or describes specified anatomical areas or specified sexual activities. b.) instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
• Adult cabaret means nightclub, bar, restaurant or similar commercial establishment which regularly features: a. persons who appear in a state of nudity/semi-nudity; or b. live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or c. films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
• Adult hotel/motel means a hotel, motel or similar establishment which a. offers a sleeping room for rent for a period of time less than eight hours; or b. allows a tenant or occupant of a sleeping room to subrent the room for a period of time less than eight hours.
• Nude, nudity/state of nudity means the appearance of the human (male or female) genitals, pubic area, anal cleft or the showing of the female breast with less than a fully opaque covering of any part of the areola.
• Semi-nude model studio means any place where a person who appears in a state of semi-nudity is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarily depicted by other persons who pay money for any form of consideration.
• Sexual encounter center means a business or commercial enterprise that as one of its primary business purposes offers for any form of consideration a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or when one or more of the persons is nude/semi-nude.
LOCATION
• A person shall not cause or permit to be operated a sexually oriented business within 1,000 feet of a. a church or other place of worship; b. a school; c. a boundary of any residentially zoned district or any residential usage within a commercially/industrially zoned district whether single family, two family or multifamily usage; d. a public park; e. a day care.
• Any sexually oriented business lawfully operating on Aug. 1, 2017, that is in violation ... shall be deemed a nonconforming use. ... If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is considered nonconforming.
EXEMPTIONS
• It is a defense to prosecution if a person appearing in a state of nudity did so in a modeling class operated: 1. by a school licensed by the state, a college, junior college or a university supported entirely or partly by taxation; 2. by a private college or university which maintains and operates educational programs in which credits are transferable to a college, a junior college or a university supported entirely or partly by taxation; or 3. in a structure ... which does not have a sign visible ... where a student must enroll at least three days in advance ... where no more than one nude model is on the premises at any one time.
HOURS OF OPERATION
• No sexually oriented business shall open before 11 a.m. or remain open after 12:01 a.m. the following day. If a sexually oriented business obtains a license to sell alcoholic beverages from the state, it may remain open to sell alcoholic beverages under the terms of that license, but may not conduct sexually oriented entertainment activity after 12:01 a.m.
MONITORING EXTERIOR SPACES
• It shall be the duty of the proprietor to enforce a no-loitering policy within the external boundaries of the real property where the sexually oriented business is located. The proprietor will post conspicuous signs stating the policy on the property.
The proprietor will ensure proper lighting exists on the exterior premises ... (and) will designated at least one employee to monitor the activities of persons on such a property by visually inspecting the property at least once every 90 minutes. If a business chooses to monitor the property by use of video cameras and monitors, they must be operated at all times the premises is open.
LIVE PUBLIC?NUDITY
• No patron, employee or any other person, while in a sexually oriented business, shall appear in a state of nudity. An employee in a sexually oriented business may appear in a state of semi-nudity as long as the employee is at least 6 feet away from a patron or customer and is on a stage elevated at least 2 feet from the floor. No employee, while appearing in a state of semi-nudity, may knowingly touch a customer; no customer may touch an employee while appearing in a state of semi-nudity.
LICENSING
• In order to operate a sexually oriented business, the proprietor is required to obtain a sexually oriented business license. Additionally, any employees ... must obtain a sexually oriented business employee license in their individual capacity. Applicants must file their application with the Warsaw Police Department.
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