ORD NO 25-2002 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 25 -2002
AN ORDINANCE DEFINING AND CLASSIFYING
SEXUALLY ORIENTED BUSINESSES; PROVIDING
RESTRICTIONS ON THE LOCATION OF SEXUALLY
ORIENTED BUSINESSES; PROVIDING FOR THE
LICENSING OF SEXUALLY ORIENTED BUSINESSES AND
THEIR EMPLOYEES; PROVIDING REGULATIONS
CONCERNING THE OPERATION OF SEXUALLY ORIENTED
BUSINESSES; AND PROVIDING PENALTIES FOR
VIOLATIONS
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS:
WHEREAS, sexually oriented businesses require special supervision
in order to protect and preserve the health, safety, and welfare
of the patrons of such businesses as well as the citizens of the
communities where they locate, and
WHEREAS, the City Council finds that sexually oriented businesses
are frequently used for unlawful sexual activities, including
prostitution and sexual liaisons of a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a
legitimate health concern of the City that demands reasonable
regulation of sexually oriented businesses in order to protect
the health and well -being of the citizens; and
WHEREAS, licensing is a legitimate means of accountability to
ensure that operators of sexually oriented businesses comply with
reasonable regulations, and to ensure that operators do not allow
their establishments to be used as places of illegal sexual
activity or solicitation; and
CO WHEREAS, there is convincing documented evidence that sexually
oriented businesses, because of their very nature, have a
deleterious effect on both the existing businesses around them
and the surrounding residential areas adjacent to them, causing
increased crime and downgrading of property values; and
WHEREAS, it is recognized that sexually oriented businesses, due
to their nature, have serious objectionable operational
characteristics, particularly when they are located in proximity
to each other, thereby contributing to urban blight and
downgrading the quality of life in the adjacent area; and
WHEREAS, the City Council wants to prevent these adverse effects
and thereby protect the health, safety and welfare of the
citizenry; protect the citizens from increased crime; preserve
the quality of life; preserve the property values and character
of surrounding neighborhoods and deter the spread of urban
blight; and
WHEREAS, it is not the intent of this ordinance to suppress any
speech activities protected by the First Amendment, but to enact
a content neutral ordinance that addresses the secondary effects
of sexually oriented businesses as well as the health problems
associated with such businesses; and
WHEREAS, it is not the intent of the City Council to condone or
legitimize the distribution of obscene materials, and the City
Council recognizes that state and federal law prohibits the
distribution of obscene materials and expects and encourages
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state enforcement officials to enforce state and federal
obscenity statutes against any such illegal activities in the
City of Van Buren.
SECTION I. Purpose and Findings.
(A) Purpose. It is the purpose of this ordinance 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 ordinance 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 ordinance 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 ordinance 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 to the City Council, and on findings
incorporated in the cases of City of Renton v. Playtime Theatres,
Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427
U.S. 50 (1976); and Barnes v. Glen Theatre, Inc., 501 U.S. 560
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(1991); Arcara v. Cloud Books, Inc., 478 U.S. 697. (1986);
California v. LaRue, 409 U.S. 109 (1972); Iacobucci v. City of
Newport, Ky, 479 U.S. 92 (1986); United States v. O'Brien, 391
U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403
(6th Cir. 1997) Key, 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); and South Florida Free Beaches, Inc. v. City of
Miami, 734 F.2d 608 (11th Cir. 1984), as well as studies
conducted in other cities including, but not limited to, Oklahoma
City, Oklahoma; Phoenix, Arizona; Minneapolis, Minnesota;
Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California;
Whittier, California; and Seattle, Washington; 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), the City Council finds that:
(1) Sexually oriented businesses lend themselves to
ancillary unlawful and unhealthy activities that are 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.
See, e.g., Study of Indianapolis, Indiana.
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(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. See, e.g., California
v. LaRue, 409 U.S. 109, 111 (1972); See also Final Report of the
Attorney General's Commission on Pornography (1986) at 377.
(4) Offering and providing such booths and /or cubicles
encourages such activities, which creates unhealthy conditions.
See, e.g., Final Report of the Attorney General's Commission on
Pornography (1986) at 376 -77.
(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. See, e.g., Arcara v. Cloud Books, Inc., 478 U.S.
697, 698 (1986); See also Final Report of the Attorney General's
Commission on Pornography (1986) at 376 -77.
(6) For the period ending December, 1996 the total
number of reported cases of AIDS in the United States caused by
the immunodeficiency virus (HIV) was 581,429. See, e.g.,
Statistics of the U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention.
(7) From 1983 through September 12, 1997 the cumulative
number of HIV positive persons reported in Arkansas is 3,811. Of
that number 2,300 meet AIDS case definitions. Since 1983 and to
the present, there has been an increasing cumulative number of
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persons testing positive for HIV antibody test in Arkansas. See
Arkansas HIV /AIDS Report September 12, 1997.
(8) The total number of cases of early (less than one
year) syphilis in the United States reported during the ten year
period 1985 -1995 was 367,796. See, e.g., Statistics of the U.S.
Department of Health and Human Services, Centers for Disease
Control and Prevention.
(9) The number of cases of gonorrhea in the United
States reported annually remains at a high level, with a total of
1,256,297 cases reported during the period 1993 -1995. See, e.g.
Statistics of the U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention.
(10) 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.
(11) According to the best scientific evidence
available, AIDS and HIV infection, as well as syphilis and
gonorrhea, are principally transmitted by sexual acts. See, e.g.
Findings of the U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention.
(12) Sanitary conditions in some sexually oriented
businesses are unhealthy, in part, because the activities
0 conducted there are unhealthy, and, in part, because of the
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unregulated nature of the activities and the failure of the
owners and the operators of the facilities to self regulate those
activities and maintain those facilities. See, e.g., Final
Report of the Attorney General's Commission on Pornography (1986)
at 377.
(13) 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. See, e.g., Final Report of the Attorney
General's Commission on Pornography (1986) at 377.
(14) Nude dancing in adult establishments encourages
prostitution, increases sexual assaults, and attracts other
criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S.
560, 583 (1991).
(15) Nude dancing in adult establishments increases the
likelihood of drug- dealing and drug use. See, e.g., Kev, Inc. v.
Kitsap County, 793 F.2d 1053, 1056 (9th Cir. 1986).
(16) The findings noted in paragraphs numbered (1)
through (15) raise substantial governmental concerns.
(17) Sexually oriented businesses have operational
characteristics which should be reasonably regulated in order to
protect those substantial governmental concerns.
(18) A reasonable licensing procedure is an appropriate
mechanism to place the burden of that reasonable regulation on
the owners and the operators of the sexually oriented businesses.
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Further, such a licensing procedure will place an incentive on
the 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.
(19) 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.
(20) 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.
(21) It is desirable in the prevention of the spread of
communicable diseases to obtain a limited amount of information
regarding certain employees who may engage in the conduct this
ordinance is designed to prevent or who are likely to be
witnesses to such activity.
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(22) 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 ordinance.
(23) The barring of such individuals from operation or
employment in sexually oriented businesses for a period of five
(5) years for a previous felony conviction serves as a deterrent
to and prevents conduct which leads to the transmission of
sexually transmitted diseases.
(24) The general welfare, health, morals, and safety of
the citizens of this City will be promoted by the enactment of
this ordinance.
SECTION II. Definitions.
(1) ADULT ARCADE means any place to which the public is
permitted or invited wherein coin operated or slug- operated or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image producing
devices are maintained to show images to five or fewer persons
per machine at any one time, and where the images so displayed
are distinguished or characterized by the depicting or describing
of "specified sexual activities" or "specified anatomical areas."
(2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial
establishment that, as its principal business purpose, offers for
sale or rental for any form of consideration any one or more of
the following:
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0 (A) books, magazines, periodicals or other printed
matter, or photographs, slides, films, motion picture, video
cassettes, video disc, any other magnetic or electronic video
reproductions, or any other visual representations that by any
form or medium depicts or describes "specified sexual activities"
or "specified anatomical areas or
(B) instruments, devices, or paraphernalia that are
designed for use in connection with "specified sexual
activities."
The determination of the principal business purpose of an
establishment is based upon the visible inventory or commercial
activity of the establishment.
(3) ADULT CABARET means a nightclub, bar, restaurant, or
similar commercial establishment that regularly 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, or
other photographic reproductions that are characterized by the
depiction or description of "specified sexual activities" or
"specified anatomical areas
(4) ADULT MOTEL means a hotel, motel or similar commercial
0 establishment that:
1.
(A) 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
(B) offers a sleeping room for rent for a period of
time that is less than twenty -four (24) hours; or
(C) allows a tenant or occupant of a sleeping room to
subrent the room for a period of time that is less than twenty
four (24) hours.
(5) 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 shown that are characterized by the
depiction or description of "specified sexual activities" or
"specified anatomical areas."
(6) ADULT THEATER means a theater, concert hall, auditorium,
or similar commercial establishment that regularly 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."
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(7) DIRECTOR means the Chief of Police of the City of Van
Buren, and such employee(s) of the police department as he may
designate to perform the duties of the Director under this
ordinance.
(8) 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 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.
(9) 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.
(10) 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.
(11) ESTABLISHMENT means and includes any of the following:
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(A) the opening or commencement of any sexually
oriented business as a new business;
(B) the conversion of an existing business, whether or
not a sexually oriented business, to any sexually oriented
business;
(C) the additions of any sexually oriented business to
any other existing sexually oriented business; or
(D) the relocation of any sexually oriented business.
(12) LICENSED DAY -CARE CENTER means a facility licensed by
the State of Arkansas, whether situated within the City or not,
that provides care, training, education, custody, treatment or
supervision for more than twelve (12) children under fourteen
(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 twenty -four (24) hours a day, regardless of whether
or not the facility is operated for a profit or charges for the
services it offers.
(13) 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.
(14) 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.
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(15) 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 nipple; or human male genitals in a
discernibly turgid state even if completely and opaquely covered.
(16) PERSON means an individual, proprietorship, limited
partnership, general partnership, corporation, association,
limited liability company, or other legal entity.
(17) 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 Section IV
of this ordinance;
(18) SEMI -NUDE OR SEMI NUDITY means the appearance of the
female breast below a horizontal line across the top of the
areola at its highest point. This definition shall include the
entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast
exhibited by a dress, blouse, skirt, leotard, bathing suit, or
other wearing apparel provided the areola is not exposed in whole
Q or in part.
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(19) SEXUAL ENCOUNTER CENTER means a business or commercial
enterprise that, as one of its principal business purposes,
offers for any form of consideration:
(A) physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
(B) activities between male and female persons and /or
persons of the same sex when one or more of the persons is in a
state of nudity or semi nudity.
(20) 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.
(21) SPECIFIED ANATOMICAL AREAS means:
(A) the human male genitals in a discernibly turgid
state, even if fully and opaquely covered;
(B) 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.
(22) SPECIFIED CRIMINAL ACTIVITY means any of the following
offenses:
(A) carnal abuse; indecent exposure; rape; sexual
abuse; violation of a minor; public sexual indecency; sexual
misconduct; sexual solicitation of minors; sodomy; prostitution;
sexual solicitation of a child; promotion of prostitution;
dissemination of obscenity; sale, distribution, or display of
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harmful material to a minor; sexual performance by a child;
possession or distribution of child pornography; public lewdness;
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.
(B) for which:
(1) less than two (2) 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.
(2) less than five (5) years have
elapsed since the date of conviction or the
date of release from confinement, whichever
is the later date, if the conviction is of a
felony offense.
(C) The fact that a conviction is being appealed shall
have no effect on the disqualification of the applicant.
(23) SPECIFIED SEXUAL ACTIVITIES means and includes any of
the following:
(A) the fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts,
whether covered or uncovered;
(B) sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy;
IC
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(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in connection
with any of the activities set forth in (A) through (C) above.
(24) SUBSTANTIAL ENLARGEMENT of a sexually oriented business
means the increase in floor areas occupied by the business by
more than twenty -five (25%) percent, as the floor areas exist on
the effective date of this Ordinance.
(25) TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented
business means and includes any of the following:
(A) the sale, lease, or sublease of the business;
(B) the transfer of securities that form a controlling
interest in the business, whether by sale, exchange, or similar
means; or
(C) 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.
SECTION III. Classification.
Sexually oriented businesses are classified as follows:
(1) adult arcades;
(2) adult bookstores or adult video stores,
(3) adult cabarets;
(4) adult motels;
0 (5) adult motion picture theaters;
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(6) adult theaters;
(7) escort agencies;
(8) nude model studios; and
(9) sexual encounter centers.
SECTION IV. License Required.
(A) It shall be unlawful:
(1) For any person to operate a sexually oriented
business without a valid sexually oriented business license
issued by the Director pursuant to this ordinance;
(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 issued to such employee by the Director pursuant
to this ordinance;
(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 ordinance.
(4) It shall be a defense to subsections (2) and (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.
(5) Any violation of this Ordinance shall be
400 punishable as a misdemeanor. Each day that said violation
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continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
(B) An application for a sexually oriented business 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 a license, the premises must be inspected by the fire
department and code enforcement department.
(C) An application for a sexually oriented business employee
license must be made on a form provided by the City.
(D) All applicants for a license must be qualified according
to the provisions of this ordinance. The application may
request, and the applicant shall provide, such information
(including fingerprints) as to enable the City to determine
whether the applicant meets the qualifications established under
this ordinance. 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 operate a sexually
oriented business is an individual, he must sign the application
for a business license as applicant. If a person who wishes to
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operate a sexually oriented business is other than an individual,
each individual who has a twenty percent (20 or greater
interest in the business must sign the application for a business
license as applicant. If a corporation, limited liability
company, limited partnership or general partnership is listed as
owner of a sexually oriented business or as the entity that
wishes to operate such a business, each individual having a
twenty percent (20%) or greater interest therein must sign the
application for a business license as applicant.
(F) Applications for a business 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) A recent photograph of the applicant(s);
(3) The applicant's driver's license number, Social
Security number, and /or his /her state or federally issued tax
identification number;
(4) The name under which the establishment is to be
operated and a general description of the services to be
provided;
nn
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(a) If the applicant intends to operate the
sexually oriented business under a name other than that of the
applicant; he or she must state the sexually oriented business's
fictitious name;
(5) Whether the applicant has been convicted, or is
awaiting trial on pending charges, of a "specified criminal
activity" as defined in Section II, subsection (22), and, if so,
the "specified criminal activity" involved, the date, place, and
jurisdiction of each;
(6) Whether the applicant has had a previous license
under this ordinance 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 or a member of a limited liability company 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;
(7) Whether the applicant holds any other licenses
a/ under this ordinance or other similar sexually oriented business
7,
ordinance from another City or county and, if so, the names and
locations of such other licensed businesses;
(8) The single classification of license, as found in
Section III, for which the applicant is filing;
(9) The telephone number of the establishment;
(10) The address, and legal description of the tract of
land on which the establishment is to be located;
(11) 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;
(12) 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 ten (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;
(13) 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 one
hundred fifty (150) square feet of floor space, films, video
cassettes, other video reproductions, or live entertainment which
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depict specified sexual activities or specified anatomical areas,
then the applicant shall comply with the application requirements
set forth in Section XIX hereunder.
(G) Each application for a business license shall be
accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is an Arkansas corporation,
limited liability company or limited partnership, a certificate
of good standing issued by the office of the Secretary of State
of Arkansas;
(3) If the establishment is a foreign corporation, a
certified copy of the certificate of authority to transact
business in this state;
(4) A current certificate and straight -line drawing
prepared within thirty (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; the property
lines of any established church; public or private elementary,
secondary or post- secondary school; public park; licensed day
care center; and entertainment business that is oriented
primarily towards children within 1,000 feet of the property to
be certified and; the property lines of any established
residential district within 1000 feet of the property to be
O certified. For purposes of this Section a use shall be
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considered existing or established if it is in existence at the
time an application is submitted.
(5) Any of items (2) through (4), above shall not be
required for a renewal application if the applicant states that
the documents previously furnished 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;
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(6) Date, issuing state, and number of driver's
license, or other identification card information;
(7) Social Security Number; and
(8) Proof that the individual is at least eighteen (18)
years old.
(I) Attached to the application form for a license 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 (5) 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.
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(3) A statement whether the applicant has been
convicted of a "specified criminal activity" as defined in
Section II, Subsection (22) and, if so, the "specified criminal
activity" involved, the date, place and jurisdiction of each.
(J) Every application for a license 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
ordinance.
(K) A separate application and business license shall be
required for each sexually oriented business classification as
set forth in Section III.
(L) The fact that a person possesses other types of state or
City permits and /or licenses does not exempt him from the
requirement of obtaining a sexually oriented business or employee
license.
SECTION V. 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
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application process shall be completed within thirty (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 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 eighteen (18)
years;
1;(3) The applicant has been convicted of a "specified
criminal activity" as defined in Section II, subsection (22) of
this ordinance;
(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 ordinance; or
(5) The applicant has had a sexually oriented business
employee license revoked: by the City within two (2) years of the
date of the current application.
If the sexually oriented business employee license is
denied, the temporary license previously issued is immediately
deemed null and void. Denial, suspension, or revocation of a
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license issued pursuant to this subsection shall be subject to
appeal as set 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. The employee shall
keep the license available for inspection upon lawful request at
all times while engaged in employment or performing services on
the sexually oriented business premises.
(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 by any "specified criminal
activity" as defined in this ordinance, 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 thirty (30) days
of the completed application. The renewal of a license shall be
subject to the fee as set forth in Section VI.
(D) If application is made for a sexually oriented business
license, the Director shall approve or deny issuance of the
license within forty -five (45) 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:
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(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 eighteen (18)
years;
(3) An applicant has been denied a license by the City
to operate a sexually oriented business within the preceding
twelve (12) months, or whose license to operate a sexually
oriented business has been revoked within the preceding twelve
(12) months;
(4) An applicant is overdue in payment to the City in
taxes, fees, fines, or penalties assessed against or imposed upon
him /her in relation to any business;
(5) An applicant has been convicted of a "specified
criminal activity" as defined in Section II, subsection (22);
(6) The premises to be used for the sexually oriented
business have not been approved by the fire department and the
code enforcement department as being in compliance with
applicable laws and ordinances;
(7) The license fee required under this ordinance 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 ordinance.
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(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 Section III
classification 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) The fire department and code enforcement department
shall complete their certification that the premises are in
compliance or not in compliance within twenty (20) days of
receipt of the completed application by the Director. The
certification shall be promptly presented to the Director.
(G) A sexually oriented business license shall issue for
only one classification, as set forth in Section III.
(H) In the event that the Director determines that an
applicant is not eligible for a license, the applicant shall be
given notice in writing of the reasons for the denial within
forty -five (45) 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 ten (10)
days in order to make modifications necessary to comply with this
ordinance.
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(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 Clerk within fifteen (15) days after
service of notice upon the applicant of the Director's decision.
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
fifteen (15) days of service upon him of the applicant's
memorandum, submit a memorandum in response to the memorandum
filed by the applicant on appeal 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 twenty -one
(21) calendar days after the date on which the City Clerk
receives the notice of appeal. However, all parties shall be
required to comply with the Director's decision during the
pendency of the appeal. Judicial review of a denial by the
Director and City Council may be made pursuant to Section XI of
this ordinance.
(J) A license issued pursuant to subsection (0) 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 ordinance, or committed any act
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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 forty -five (45)
days of the completed application. The renewal of a license
shall be subject to the fee as set forth in Section VI.
SECTION VI. Fees.
The annual fee for a sexually oriented business license,
whether new or renewal, is Two Hundred Fifty ($250.00) Dollars.
The annual fee for a sexually oriented business employee license,
whether new or renewal, is Twenty -five ($25.00) dollars. These
fees are to be used to pay for the cost of the administration and
enforcement of this ordinance.
SECTION VII. Inspection.
(A) An applicant or licensee shall permit representatives of
the police department, fire department, code enforcement
department, building department, or other City or state
departments or agencies to inspect the premises of a sexually
oriented business for the purpose of insuring compliance with the
law, at any time it is open for business.
(B) No person who operates a sexually oriented business nor
his agents or employees shall refuse to promptly permit such
lawful inspection of the premises.
(C) A violation of this Section shall be punishable as a
misdemeanor. Each day that said violation continues shall be a
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ti separate offense and shall be punishable by a fine of up to
$250.00 per day.
SECTION VIII. Expiration of License.
(A) Each license shall expire one year from the date of
issuance and may be renewed only by making application as
provided in Section IV. Application for renewal should be made
at least forty -five (45) days before the expiration date; when
made less than forty -five (45) 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.
SECTION IX. Suspension.
The Director shall suspend a license for a period not to
exceed thirty (30) days if he determines that licensee or an
employee of licensee has:
(1) violated or is not in compliance with any section of
this ordinance;
(2) operated or performed services in a sexually oriented
business while intoxicated by the use of alcoholic beverages or
controlled substances;
(3) refused to allow prompt inspection of the sexually
oriented business premises as authorized by this ordinance;
(4) with knowledge, permitted gambling by any person on the
sexually oriented business premises.
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0 SECTION X. Revocation.
(A) The Director shall revoke a license if a cause of
suspension in Section IX occurs and the license has been
suspended within the proceeding twelve (12) months.
(B) The Director shall revoke a license if he determines
that:
(1) a licensee gave 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;
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(8) a licensee is delinquent in payment to the City or
State for any taxes or fees;
(9) a licensee has, with knowledge, permitted a person
under eighteen (18) years of age to enter 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 non licensee;
(C) When the Director revokes a license, the revocation
shall continue for one (1) year from the date the revocation
became effective.
SECTION XI. Judicial Review.
After 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. The administrative action shall be
promptly reviewed by the court.
SECTION XII. No Transfer of License.
A licensee shall not transfer his /her 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.
SECTION XIII. Location Restrictions.
Sexually oriented businesses shall be permitted only in I -2
Heavy Industrial District 1000 feet south of the south right -of-
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way of Interstate 540,, subject to the following:
(A) the sexually oriented business may not be operated within:
(1) 1,000 feet of a church;
(2) 1,000 feet of a public or private
elementary, secondary or post- secondary school;
(3) 1,000 feet of a public park;
(4) 1,000 feet of a licensed day -care
center;
(5) 1,000 feet of the location of a club,
organization, facility, or business that is
oriented primarily towards children or youth;
(6) 1000 feet of a boundary of any
residential district; or
(7) 1,000 feet of another sexually oriented
business.
(B) A sexually oriented business may not be operated in the
same building, structure, or portion thereof, containing another
sexually oriented business classified pursuant to Section III.
(C) For the purpose of this ordinance, measurement shall be
made in a straight line, without regard to intervening structures
or objects, from the nearest property of the premises where
sexually oriented business is conducted, to the nearest property
line of a church; public or private elementary, secondary or
post- secondary school; public park; licensed day care center; the
location of a club, organization, facility or business that is
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oriented primarily towards children, or youth; boundary of any
residential district or other sexually oriented business.
SECTION XIV. Non Conforming Uses.
(A) Any business lawfully operating on the effective date of
this ordinance that is in violation of the locational or
structural configuration or signage requirements of this
ordinance shall be deemed a non conforming use. The non-
conforming use will be permitted to continue for a period not to
exceed two years, unless sooner terminated for any reason or
voluntarily discontinued for a period of thirty (30) days or
more. Such non conforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a
conforming 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 that was first
established and continually operated at a particular location is
the conforming use and the later- established business(es) is non-
conforming.
(B) A sexually oriented business lawfully operating as a
conforming use is not rendered a non conforming use by the
location, subsequent to the grant or renewal of the sexually
oriented business license, of a church, public or private
elementary, secondary or post- secondary school, licensed day -care
center, public park, the location of a club, organization,
facility or businesses oriented primarily toward children or
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youth within 1,000 feet of the sexually oriented business or
residential district within 1000 feet of the sexually oriented
business. This provision applies only to the renewal of a valid
business license, and does not apply when an application for a
business license is submitted after a business license has
expired or has been revoked.
SECTION XV. 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 ten (10) hours
creates a rebuttable presumption that the enterprise is an adult
motel as that term is defined in this chapter.
(B) A person in control of a sleeping room in a hotel,
motel, or similar commercial enterprise that does not have a
sexually oriented business license shall not rent or subrent a
sleeping room to a person and, within ten (10) hours from the
time the room is rented, rent or subrent the same sleeping room
again.
(C) For purposes of subsection (B) of this section, the
terms "rent" or "subrent" mean the act of permitting a room to be
occupied for any form of consideration.
(D) Any violation of subsection (B) of this Section shall be
punishable as a misdemeanor. Each day that said violation
continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
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SECTION XVI. Additional Regulations for Escort Agencies.
(A) An escort agency shall not employ any person under the
age of 18 years.
(B) A person shall not act as an escort or agree to act as
an escort for any person under the age of 18 years.
(C) A violation of any provision of this Section shall be
punishable as a misdemeanor. Each day that said violation
continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
SECTION XVII. Additional Regulations For Nude Model Studios.
(A) A nude model studio shall not employ any person under
the age of 18 years.
(B) A person under the age of 18 years shall not appear
semi -nude or in a state of nudity in or on the premises of a nude
model studio. It is a defense to prosecution under this
subsection if the person under 18 years was in a restroom not
open to the public view or visible by any other person.
(C) A person shall not appear in a state of nudity, or with
knowledge, allow another to appear in a state of nudity in an
area of a nude model studio premises which can be viewed from the
public right of way.
(D) A nude model studio shall not place or permit a bed,
sofa, or mattress in any room on the premises, except that a sofa
may be placed in a reception room open to the public.
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(E) A violation of any provision of this Section shall be
punishable as a misdemeanor. Each day that said violation
continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
SECTION XVIII. Additional Regulations Concerning Public Nudity
(A) A person shall not, with knowledge and intent, appear in
person in a state of nudity in a sexually oriented business, or
depict specified sexual activities in a sexually oriented
business.
(B) A person shall not, with knowledge and intent, appear in
person in a semi -nude condition in a sexually oriented business,
unless the person is an employee who, while semi -nude, is at
least six (6) feet from any patron or customer and on a stage at
least two (2) feet from the floor.
(C) An employee shall not, while semi -nude in a sexually
oriented business, solicit any pay or gratuity from any patron or
customer. A patron or customer shall not pay or give any
gratuity to any employee, while said employee is semi -nude in the
sexually oriented business.
(D) An employee, while semi -nude, shall not touch a patron
or customer or the clothing of a patron or customer. A patron or
customer shall not touch a semi -nude employee or the clothing of
a semi -nude employee.
(E) A violation of any provision of this Section shall be
punishable as a misdemeanor. Each day that said violation
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continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
SECTION XIX. Regulations Pertaining to Exhibition of Sexually
Explicit Films, Videos and Live Performances.
(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 one
hundred (150) square feet of floor space, a film, video cassette,
other video reproduction, or live performance 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 thirty -two (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 (6
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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 it 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 restrooms. Restrooms
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.
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(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
(5) of this section remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all times and 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 (1) of this section.
(7) No viewing room may be occupied by more than one
person at any time.
(8) 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 (5.0) foot candle as measured at the floor
level.
(9) 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.
(10) No licensee shall allow an opening of any kind to
exist between viewing rooms or booths.
(11) No person shall make any attempt to make an
opening of any kind between the viewing booths or rooms
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(12) The operator of the sexually oriented business
shall, during 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
forty eight (48 inches of the floor.
(B) A person having a duty under Subsection (A)(1) through
(A)(14) of this Section who knowingly fails to fulfill that duty
shall be guilty of a misdemeanor. Each day that said violation
continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
SECTION XX. Exterior Portions of Sexually Oriented Businesses.
(A) No owner or operator of a sexually oriented business
shall allow the merchandise or activities of the establishment to
be visible from a point outside the establishment.
(B) No owner or operator of a sexually oriented business
shall allow the exterior portion of the sexually oriented
business to have flashing lights, or any words, lettering,
photographs, silhouettes, drawings, or pictorial representations
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of any manner except to the extent permitted by the provisions of
this ordinance.
(C) No owner or operator of a sexually oriented business
shall 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 article shall be construed to require
the painting of an otherwise unpainted exterior portion of a
sexually oriented business.
(E) A violation of any provision of this Section shall be
punishable as a misdemeanor. Each day that said violation
continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
SECTION XXI. Signage.
(A) Notwithstanding any other City ordinance, code, or
regulation to the contrary, the operator of any sexually oriented
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46
business or any other person shall not erect, construct, or
maintain any sign for the sexually oriented business other than
the one (1) primary sign and one (1) secondary sign, as provided
herein.
(B) Primary signs shall have no more than two (2) display
surfaces. Each such display surface shall:
(1) not contain any flashing lights;
(2) be a flat plane, rectangular in shape,
(3) not exceed seventy -five (75) square feet in area;
and
(4) not exceed ten (10) feet in height or ten (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 (1) display surface.
Such display surface shall:
(1) be a flat plane, rectangular in shape;
(2) not exceed twenty (20) square feet in area;
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(3) not exceed five (5) feet in height and four (4)
feet in width; and
(4) be affixed or attached to any wall or door of the
enterprise.
(F) The provisions of item (1) of subsection (B) and
subsection (C) and (D) shall also apply to secondary signs.
(G) A violation of any provision of this Section shall be
punishable as a misdemeanor. Each day that said violation
continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day.
SECTION XXII. Sale, use or consumption of alcoholic beverages
prohibited.
(A) The sale, use or consumption of alcoholic beverages on
the premises of a sexually oriented business is prohibited.
(B) A violation of this Section shall be punishable as a
misdemeanor. Each day that said violation continues shall be a
separate offense and shall be punishable by a fine of up to
$250.00 per day.
SECTION XXIII. Persons Younger than Eighteen Prohibited from
Entry; Attendant Required.
(A) No person shall allow a person who is younger than
eighteen (18) years of .age to enter or be on the premises of a
sexually oriented business at any time the sexually oriented
business is open for business.
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(B) It shall be the duty of the operator of each sexually
oriented business to ensure that an attendant is stationed at
each public entrance to the sexually oriented business at all
times during such sexually oriented businesses' regular business
hours. It shall be the duty of the attendant to prohibit any
person under the age of eighteen (18) years from entering the
sexually oriented business. It shall be presumed that an
attendant knew a person was under the age of eighteen (18) unless
such attendant asked for and was furnished:
(1) a valid operator's, commercial operator's, or
chauffeur's driver's license; or
(2) a valid personal identification certificate issued
by any state reflecting that such person is eighteen (18) years
of age or older.
(C) A violation of any provision of this Section shall be
punishable as a misdemeanor. Each day that said violation
continues shall be a separate offense and shall be punishable by
a fine of up to $250.00 per day
SECTION XXIV. 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. A violation of any
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CO provision of this Section shall be punishable as a misdemeanor.
Each day that said violation continues shall be a separate
offense and shall be punishable by a fine of up to $250.00 per
day.
SECTION XXV. Hours of Operation.
No sexually oriented business, except for an adult motel,
may remain open at any time between the hours of one o'clock
(1:00) A.M. and eight o'clock (8:00) A.M. on weekdays and
Saturdays and one o'clock (1:00) A.M. and twelve o'clock (12:00)
P.M. on Sundays.
SECTION XXVI. Exemptions.
It is a defense to prosecution under this ordinance 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
Arkansas, 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.
SECTION XXVII. 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 ordinance to any applicant, operator or owner
An
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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 their deposit in the
United States mail. 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.
(B) Any notice required or permitted to be given to the
Director by any person under this ordinance 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.
SECTION XXVIII. Injunction.
A person who operates or causes to be operated a sexually
oriented business without a valid business license or in
violation of any provision of Section XIII of this ordinance 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. A violation of any
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provision of Section XIII shall be punishable as a misdemeanor.
Each day that said violation continues shall be a separate
offense and shall be punishable by a fine of up to $250.00 per
day.
SECTION XXIX. Separability.
If any section, subsection, or clause of this ordinance
shall be deemed to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections, and clauses
shall not be affected thereby.
SECTION XXX. Conflicting Ordinances Repealed.
To the extent that this Ordinance conflicts with Ordinance
No. 11 -2001, otherwise known as the "Sign Ordinance," this
Ordinance shall control and override the provisions of Ordinance
No. 11 -2001. All provisions of Ordinance No. 11 -2001 not
conflicting with this Ordinance shall remain in full force and
effect. All other Ordinances or parts of Ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
SECTION XXXI. Emergency Clause.
It is hereby found and declared by the City council that an
emergency situation exists and that passage and immediate effect
of this ordinance is necessary for the preservation of the
health, safety and welfare of the inhabitants of the City. This
ordinance shall be of full force and effect upon and after the
date of passage.
ci
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PASSED AND PROVED THIS 9
DAY OF
11 E'M6 P.4_
2002.
APPROVED:
MAYOR 4 6;
ATTEST:
CITY CLERK