[R.O. 2014 §603.010; Ord. No. 1014 §1, 3-27-2003]
That a new category of City Business License is created known as an "Adult Business".
[R.O. 2014 §603.020; Ord. No. 1014 §2, 3-27-2003]
The following definitions shall apply to the licensing and regulation of adult businesses:
- ADULT BOOKSTORE
- A commercial use having more than ten percent (10%) of its floor area or stock-in-trade, books, photographs, pictures, magazines, and other periodicals or materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
- ADULT BUSINESS
- A business that involves any one (1) or more of the following:
- ADULT CABARET
- A commercial use that involves one (1) or more of the following:
- 1. Dancers, go-go dancers, exotic dancers, male or female impersonators or similar entertainers or any live entertainment and which excludes minors or from which minors are prohibited by Statute or ordinance, and whether or not any such business is licensed to sell alcoholic beverages.
- 2. A nightclub, bar, restaurant, or similar use which regularly features:
- a. A person or persons in a state of nudity; or
- b. Live performances which are characterized by the exposure of specified anatomical areas, or by specified sexual activities, including topless or bottomless dancers, exotic dancers or strippers; or
- c. Films, motion pictures, video cassettes or tapes, slides, cd roms, dvds, internet or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT ENTERTAINMENT
- A commercial use that involves one (1) or more of the following:
- 1. Any building, use or part thereof in which is provided services of which a principal feature or characteristics is the nudity or partial nudity of any person.
- 2. Any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, goods, including books, magazines, pictures, slides, film, phonograph records, prerecorded magnetic tape, cd rom, dvd, internet and other reading, viewing and encounters, the principal feature of which is the nudity or partial nudity of any person, or in respect of which the word "nude", "naked", "topless", "bottomless", "sexy", or any other word or any picture symbol or representation having like meaning or implication is used in any advertisements.
- 3. Any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations.
- 4. Adult cabaret or adult motion picture theater.
- ADULT MOTION PICTURE THEATER
- A commercial use which shall be in an enclosed building and which presents motion picture films, video cassettes, television, cd rom, dvd, internet, or any other such visual media distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined for observation by patrons therein.
- ADULT STORE
- A commercial use which has devoted more than ten percent (10%) of its floor area or stock-in-trade to the sale, rental or any form of consideration of any one (1) or more of the following: books, magazines, periodicals or other printed matter, photograph, films, motion pictures, video cassettes, video tapes, cd roms, dvds, internet or other visual representations which depict or describe specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which depicts specific anatomical areas or are designed for use in connection with specific sexual activity.
- SPECIFIED ANATOMICAL AREAS
- Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the areola and human male genitals in a discernibly erect state even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITIES
- Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
[R.O. 2014 §603.030; Ord. No. 1014 §3, 3-27-2003]
The following license fees are hereby enacted:
Adult business license fee: $1,000.00 per year.
Adult business/entertainment operator license fee: $500.00 per year.
Adult entertainment license fee: $500.00 per year.
Adult entertainer/server license fee: $250.00 per year.
[R.O. 2014 §603.040; Ord. No. 1014 §4, 3-27-2003]
Any person wishing to obtain an adult business license, adult business/entertainment operator's license, or adult entertainment license shall submit a business license application to the City Clerk.
[R.O. 2014 §603.050; Ord. No. 1014 §5, 3-27-2003]
Adult business licenses, adult entertainment licenses, adult business/entertainment operator license, or adult entertainer/server's license shall not be issued for:
Businesses in conflict with the Zoning Ordinance, Building Code, or any other requirements of the City.
An applicant which has had an adult entertainment license revoked or suspended in this City or any other City during the past five (5) years.
An adult business operator license for when intended to be used for operating an unlicensed adult entertainment or adult business.
Any applicant that has been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
Any applicant providing false statements, fraudulent or untruthful information on the application.
[R.O. 2014 §603.060; Ord. No. 1014 §6, 3-27-2003]
The following standards of conduct shall apply to this category of business license:
Certain acts prohibited.
No employee, server or entertainer of an adult business shall perform any specified sexual activities, wear or use any device or covering exposed to view which stimulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein, or participate in any act of prostitution.
No employee, server or entertainer or patron of an adult business shall knowingly touch, fondle or caress any specified anatomical area of another person or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed or exposed.
Operators. No owner, operator, manager, or other person in charge of an adult business shall:
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, unless a separate liquor license has been issued for the business; or
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises; or
Knowingly allow or permit any person under the age of eighteen (18) years of age to be in or upon the premises; or
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or
Knowingly allow or permit a violation of any local, State or Federal law on the premises.
[R.O. 2014 §603.070; Ord. No. 1014 §7, 3-27-2003]
Safeguards Against Public Display. Any anteroom, foyer, partition or other physical barrier shall be provided on all customer entrances of any building used for adult business that will insure observation of the interior is obscured from viewing from the exterior of the building. Windows shall obscure any view into the interior of the building from the exterior. No adult business shall be conducted on the exterior or in a manner that permits the observation of live performances or media on the exterior.
Closed Booth Or Room Prohibited. The interior of all adult entertainment businesses shall be physically arranged in a manner that the entire portions of any booths, cubicles, rooms or stalls are visible from the common area. Only restrooms, dressing rooms, office and storage rooms may be enclosed. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction.
Ventilation And Sanitation Requirements. Buildings where adult businesses are located shall be kept in a safe, sanitary condition. Separate dressing rooms and restrooms for men and women shall be provided and maintained in a sanitary condition in accordance with all local, State and Federal requirements.
Hours Of Operation. No adult entertainment business may be open or in use between the hours of 1:30 A.M. and 9:00 A.M. On any day other than Sunday, when the business may not be open between the hours of 1:30 A.M. and 12:00 Noon.
Lighting Required. The building and exterior of all adult business shall be equipped with adequate lighting to illuminate every place in which customers are permitted access at any time the building is occupied by customers.
Operators On Premises. A licensed adult business/entertainment operator shall be on duty at any adult entertainment business at all times the business is open. The name of the manager shall be conspicuously posted at the business. It shall be the responsibility of the operator to verify that any person who provides adult entertainment or works as a server within the premises possesses a current a valid adult entertainer's license or an adult entertainment server's license and that such licenses are conspicuously posted.
Notice Required. All adult entertainment businesses shall have conspicuously displayed inside the main entrance of the building a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters shall be at least one (1) inch high, which shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF MARSHFIELD
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No persons under the age of eighteen (18) are permitted
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Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch their breasts, pubic region, buttocks or genitals.
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in sexual conduct or solicitation for prostitution.
License On Display. A copy of the license for any adult business shall be conspicuously posted at the business.
[R.O. 2014 §603.080; Ord. No. 1014 §8, 3-27-2003]
The Police Department shall be permitted to inspect said businesses and enforce the provisions of this Chapter as necessary to insure the business is complying with all applicable regulations and laws.
[R.O. 2014 §603.090; Ord. No. 1014 §9, 3-27-2003]
The license of any adult business not in compliance with this Chapter may be revoked, suspended or renewal may be denied up to five (5) years. Appeals of any suspension, revocation or denial may be made to the Board of Aldermen.