[Ord. No. 96-1, § 1, 2-20-1996]
The Town Council of the Town of Windsor, Connecticut, finds:
(1)
There are a number of "adult-oriented establishments" located in
towns in the United States which require special supervision from
the towns' public safety agencies in order to protect and preserve
the health, safety and welfare of the patrons of such establishments,
as well as the health, safety and welfare of the towns' citizens.
(2)
Statistics and studies performed by a substantial number of cities
and towns in the United States indicate that:
(i)
Large numbers of persons, primarily male, frequent such "adult-oriented
establishments," especially those which provide closed booths, cubicles,
studies and rooms for the private viewing of so-called "adult" motion
pictures and/or video tapes and/or live entertainment;
(ii)
Such closed booths, cubicles, studios and rooms have been used
by patrons, clients or customers of such "adult-oriented establishments"
for the purpose of engaging in certain sexual acts;
(iii)
Male and female prostitutes have been known to frequent such
establishments in order to provide sex for hire to the patrons, clients
or customers of such establishments within such booths, cubicles and
rooms;
(iv)
Doors, curtains, blinds and/or other closures installed in or
on the entrances and/or exits of such booths, cubicles, studios and
rooms which are closed while such booths, cubicles, studios and rooms
are in use encourage patrons using such booths, cubicles, studios
and rooms to engage in sexual acts therein with prostitutes and/or
with other members of the same sex, thereby promoting and encouraging
prostitution and the Commission of sexual acts which cause blood,
semen and urine to be deposited on the floors and/or walls of such
booths, cubicles, studios and rooms, which deposits could prove detrimental
to the health and safety of other persons who may come into contact
with such deposits; and
(v)
The reasonable regulation and supervision of such "adult-oriented
establishments" tends to discourage such sexual acts and prostitution,
and thereby promotes the health, safety and welfare of the patrons,
clients and customers of such establishments.
(3)
The Appellate Court in Connecticut has found that establishments
which feature female topless dancers have a higher rate of public
disturbance (fights, prostitution, public indecency) than those that
do not offer such entertainment (Dryden v. Department of Liquor Control,
15 Conn. App. 455, 464 (1987)).
(4)
The unregulated operation of adult-oriented establishments including,
without limitation, those specifically cited at paragraph (a) hereof,
is and would be detrimental to the general welfare, health and safety
of the citizens of Windsor.
(5)
The Constitution and laws of the State of Connecticut grant to the
Town powers, especially police power, to enact reasonable legislation
and measures to regulate and supervise "adult-oriented establishments"
as hereinafter defined in order to protect the public health, safety
and welfare.
(6)
It is not the intent of the Council, in enacting this article, to
deny to any person rights to speech protected by the United States
and/or State Constitutions, nor is it the intent of the Council to
impose any additional limitations or restrictions on the contents
of any communicative materials, including sexually oriented films,
video-tapes, books and/or other materials. Further, by enacting this
article, the Council does not intend to deny or restrict the rights
of any adult to obtain and/or view any sexually oriented materials
protected by the United States and/or state constitutions, nor does
it intend to restrict or deny any constitutionally protected rights
that distributors or exhibitors of such sexually oriented materials
may have to sell, distribute or exhibit such materials. This article
further has no applicability to any place or location to which a constitutional
right of privacy shall be applicable.
[Ord. No. 96-1, § 2, 2-20-1996; Ord. No. 99-3, § 1, 5-3-1999]
For the purpose of this article, the words and phrases used
herein shall have the following meanings, unless otherwise clearly
indicated by the context:
An establishment having a substantial or significant portion
of its stock and trade in books, films, video cassettes, or magazines
and other periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to "proscribed
sexual activities" or "specified anatomical areas" as defined below,
and in conjunction therewith has facilities for the presentation of
adult entertainment, as defined below, and including adult-oriented
films, movies or live entertainment, for observation by patrons therein.
Any exhibition of any adult-oriented motion pictures, live
performances, display or dance of any type, which has a significant,
or substantial portion of such performance any actual or simulated
performance of "proscribed sexual activities" or exhibition and viewing
of "specified anatomical areas."
An establishment where any employee displays or exposes any
specified anatomical areas to a person regardless of whether the employee
actually engages in dancing or wears any covering, tape, pastie, or
other device which simulates or otherwise gives the appearance of
the display or exposure of any specified anatomical areas, regardless
of whether the employee actually engages in dancing.
An enclosed building with a capacity of less than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined below,
for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "proscribed
sexual activities" or "specified anatomical areas," as defined below,
for observation by patrons therein.
Includes, without limitation, an "adult live dancing establishment,"
"adult bookstores," "adult motion picture theaters," "adult mini-motion
picture theaters" and further means any premises to which the public,
patrons or members are invited or admitted and which are so physically
arranged as to provide booths, cubicles, rooms, studios, compartments
or stalls separate from the common areas of the premises for the purposes
of viewing adult-oriented motion pictures, or wherein an entertainer
provides adult entertainment to a member of the public, a patron or
a member. An "adult-oriented establishment" further includes, without
limitation, any "adult-entertainment studio" or any premises that
are physically arranged and used as such, whether advertised or represented
as an adult entertainment studio, rap studio, exotic dance studio,
encounter studio, sensitivity studio, modeling studio, or any other
term of like import.
The Town Council of the Town of Windsor, Connecticut.
The Town Manager or his or her duly designated representative.
Any and all persons including an independent contractor who
works or performs in an adult entertainment establishment, irrespective
of whether said person is paid a salary or wage.
Any person who provides live entertainment within an adult-oriented
establishment as defined in this section, whether or not a fee is
charged or accepted for entertainment and whether or not entertainment
is provided as an employee or an independent contractor.
A place of public accommodation to which the constitutional
right of privacy is inapplicable.
Any employee of the Town of Windsor designated by the Director
of public safety to make inspections for health, fire, building safety,
public safety, zoning purposes, violations of this article, or for
violations of other laws and ordinances of the Town of Windsor.
Refers to a person under the age of 18 years.
For the purpose of this article, shall mean the condition
of any person where the "specified anatomical areas" are less than
completely and opaquely covered.
Any person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment.
Enclosed single sex public restrooms, enclosed single sex
functional shower, locker and/or dressing room facilities, enclosed
motel rooms and hotel rooms designed and intended for sleeping accommodations,
doctor's offices, portions of hospitals, and similar places in
which nudity or exposure is necessarily and customarily expected outside
of the home and sphere of privacy constitutionally protected therein.
This term shall not be deemed to include places where a person's
conduct of being nude is used for his or her profit or where being
nude is used for the promotion of business or is otherwise commercially
exploited.
Human genitals in a state of sexual stimulation, arousal or
tumescence; or
Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse,
sodomy, urolagnia or zooerastia; or
Fondling or other erotic touching of human genitals, pubic region,
buttock, anus or female breast; and
Specified anatomical areas, as herein defined, which are less
than completely and opaquely covered.
As used in this article, are not intended to include any
medical publications or films or bona fide educational publication
or films, nor does it include any art or photography publications
which devote at least 25% of the lineage of each issue to articles
and advertisements dealing with subjects of art or photography. Nor
does this definition apply to any news periodical which reports or
describes current events and which, from time to time, publishes photographs
of nude or seminude persons in connection with the dissemination of
the news. Nor does this definition apply to publications or films
which describe and report different cultures and which, from time
to time, publish or show photographs or depictions of nude or seminude
persons when describing cultures in which nudity or seminudity is
indigenous to the population.
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for profit or not
for profit, whether open to the public at large, or whether entrance
is limited by a cover charge or membership requirement), hotels, motels,
restaurants, night clubs, country clubs, cabarets, and meeting facilities
utilized by any religious, social, fraternal or similar organization.
Premises, or portions thereof, such as hotel rooms, used solely as
a private residence, whether permanent or temporary in nature, shall
not be deemed to be a public place.
[Ord. No. 96-1, § 3, 2-20-1996]
It shall be unlawful for any person to knowingly, intentionally,
or recklessly appear or cause another person to appear, nude in a
public place or in any other place which is readily visible to the
public. It shall also be unlawful for any person or entity maintaining,
owning, or operating any public place to operate and to knowingly,
or with reason to know, permit or allow any person to appear nude
in such public place, except a place provided or set apart for nudity.
[Ord. No. 96-1, § 4, 2-20-1996; Ord. No. 99-3, § 1, 5-3-1999]
(a)
No licensee, operator, or employee of an adult-oriented establishment
shall perform or permit to be performed any live performance or conduct
featuring any of the proscribed sexual activities.
(b)
No licensee, operator or employee of an adult-oriented establishment
shall allow or permit any minor to loiter in any part of such establishment,
including parking lots immediately adjacent to such establishment
used by patrons of such adult-oriented establishment.
(c)
Every adult-oriented establishment doing business in the Town on
and after the effective date of this article shall be well-lighted
at all times and be physically arranged in such a manner that the
entire interior portion of the booths, cubicles, rooms or stalls,
wherein adult entertainment is provided, shall be clearly visible
from the common areas on the premises. Visibility into such booths,
cubicles, rooms or stalls shall not be blocked or obscured by doors,
curtains, partitions, drapes, or any other obstruction whatsoever.
It shall be unlawful to install enclosed booths, cubicles, rooms or
stalls within adult-oriented establishments for whatever purpose,
but especially for the purpose of providing for the secluded viewing
of adult-oriented motion pictures, or other types of adult-oriented
entertainment.
(d)
On and after the effective date of this article, the licensee and/or
operator of each adult-oriented establishment shall be responsible
for and shall provide that any room or other area used for the purpose
of viewing adult-oriented motion pictures or other types of live adult
entertainment shall be well-lighted and readily accessible at all
times and shall be continuously open to view in its entirety. 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 one footcandle as measured
at the floor level. It shall be the duty of the licensee and his or
her agents to ensure that the illumination described above is maintained
at all times that any patron is present in the premises.
(e)
Every act or omission by an employee constituting a violation of
the provisions of this article shall be deemed the act or omission
of the licensee and operator if such act or omission occurs either
with the authorization, knowledge or approval of the operator, or
as a result of the operator's negligent failure to supervise
the employee's conduct.
(f)
The licensee and operator shall be responsible for the conduct of
all employees while on the licensed premises, and any act or omission
of any employee constituting a violation of the provisions of this
article shall be deemed the act or omission of the licensee and the
operator for purposes of determining whether the licensee and operator
shall be subject to the penalties imposed by this article.
(g)
All adult-oriented establishments shall be open to inspection at
all reasonable times by the Windsor Police Department, inspectors
employed by the Town, or such other persons as the Town Manager may
designate.
[Ord. No. 96-1, § 5, 2-20-1996; Ord. No. 99-3, § 1, 5-3-1999]
(a)
Upon the effective date of this article, no person shall operate
an adult-oriented establishment without first obtaining a license.
(b)
Upon the effective date of this article, the operator of any adult-oriented
establishment shall be responsible for and shall acquire a license
from the Town of Windsor in the following manner:
(1)
The operator of each adult-oriented establishment shall submit
an application to the Town Manager or his authorized representative
upon a form to be provided by the Director of public safety, together
with a fee as established by the Windsor Town Council in the Official
Price Guide prior to the commencement of business or within 30 days
of the effective date of this article for any establishment already
open for business.
(2)
Said application shall include the full name and resident address
of the applicant if a natural person, or, if a corporation, the full
names, aliases, and addresses of all officers and Directors and the
full names, aliases and addresses of all employees of the adult oriented
establishment. If the application is granted, said listing is to be
updated within 30 days of any changes.
(3)
No person may be employed in any adult live dancing establishment
within three years of conviction of any of the crimes specified in
Section 11-115(b) and (c) of this article notwithstanding any
appeal until that appeal is sustained.
(c)
The premises shall be inspected for compliance with the provisions
of this article and all local and state codes and regulations including,
but not limited to, health, fire, building, and zoning regulations.
Said inspections shall be completed and a report issued to the Town
Manager and the applicant within 30 days of the filing of the application.
(d)
A license shall be issued to a qualified applicant if the premises
are found in compliance with the aforesaid codes and regulations within
40 days of filing the application. If the premises are not in compliance,
the applicant shall be advised of the reasons in writing and what,
if any, measures the applicant can take to bring the premises into
compliance for a license to issue. Any failure of the license to issue
within 40 days shall constitute a denial subject to appeal.
(e)
Each license shall be specific to a licensee and to a location and
may not be sold or assigned in any way.
(f)
As a condition of the license, the premises shall be open to random
inspection for compliance with this article during all hours when
the premises are open for business.
(g)
The license, if granted, shall state on its face the name and residence
address of the person or persons to whom it is granted, the expiration
date, the address of the adult-oriented business, and the department
or public official and telephone number to report any violations of
this article. The license shall also include a notice that the subject
premises are subject to random inspection by the Town of Windsor for
compliance with this article.
(h)
The license shall be posted in a conspicuous place at or near the
entrance to the adult-oriented business so that it may be easily read
at any time.
(i)
No license shall issue if there are outstanding taxes due the Town
of Windsor on the premises or the business property.
[Ord. No. 96-1, § 6, 2-20-1996]
(a)
An applicant for a license must be a citizen of the United States
at least 18 years of age.
(b)
An applicant shall not have been convicted in this or any other state
or any of the following crimes within three years of the date of filing
the application:
(1)
Prostitution or soliciting a prostitute in Connecticut, being
a violation of Connecticut General Statutes Section 53a-82 or
53a-83;
(2)
Promotion or permitting prostitution in Connecticut, being a
violation of Connecticut General Statutes Section 53a-85, 53a-86,
53a-87, 53a-89;
(3)
Sexual assault in Connecticut, being a violation of any of the
following sections of the Connecticut General Statutes: 53a-70, 53a-70a,
53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-73a.
(c)
An applicant must not have been convicted of an obscenity offense
in violation of Connecticut General Statutes Section 53a-194
or 53a-196a or 53a-196b or 53a-196c within two years of the date of
filing the application.
(d)
The fact any conviction is on appeal shall not affect the disqualification
of the applicant unless and until the appeal is sustained.
[Ord. No. 96-1, § 7, 2-20-1996; Ord. No. 99-3, § 1, 5-3-1999]
(a)
Each license shall expire on its anniversary date one year after
issuance unless renewed.
(b)
Each license to a qualified applicant for same location shall be
renewed by the Town Manager upon application of the licensee filed
at least 30 days before the expiration date but not more than 90 days
unless the random inspection reports in the applicant's file
reveal uncorrected violations of this article or uncorrected violations
of health, fire or safety codes and regulations. If uncorrected violations
to which the applicant has received written notice remain outstanding,
no license shall issue until said violations are corrected. No establishment
shall continue operations without a license.
(c)
Provided the application is filed within 30 days of its expiration
date and the application fee paid, no license renewal shall be delayed
to a qualified applicant for additional inspections except for inspections
to correct any noticed violations.
[Ord. No. 96-1, § 8, 2-20-1996; Ord. No. 99-3, § 1, 5-3-1999]
The Town Manager may suspend a license for a period not to exceed
30 days upon a determination that a licensee, operator, or employee
has violated any part of this article. Said suspension shall be issued
in writing mailed by certified mail, return receipt requested, to
the licensee at the address of the establishment or at the home of
the licensee or served by process server at the usual place of abode
of the licensee or at the address of the establishment. If a suspension
issues for a correctable violation, said suspension shall be terminated
upon verification by inspection that the correction has been made
which shall be determined no later than 48 hours after receipt of
written notice of corrections by the Director of public safety.
[Ord. No. 96-1, § 9, 2-20-1996; Ord. No. 99-3, § 1, 5-3-1999]
(a)
The Town Manager shall revoke any license where any of the following
occur:
(1)
A licensee is no longer qualified due to conviction of the crimes
specified herein;
(2)
A licensee has had two or more violations of Section 11-113(a)
of this article to which he or she has received written notice;
(3)
A licensee has one or more uncorrected violations of this article
pending for over two months; and
(b)
Once revoked no license shall issue for the same licensee or for
the same location for five years.
[Ord. No. 96-1, § 10, 2-20-1996]
Any denial, suspension, or revocation of a license shall be
appealable to the Superior Court within 15 days of written notice
and publication thereof by any person aggrieved in accordance with
the procedure established for zoning appeals by the Connecticut General
Statutes. Any denial of renewal, suspension or revocation shall be
stayed during the appeal unless otherwise ordered by the Superior
Court.
[Ord. No. 96-1, § 11, 2-20-1996]
(a)
Any person, partnership or corporation who is found to have violated
this article shall be fined a definite sum not exceeding $100 for
each such violation.
(b)
Each violation of this article shall be considered a separate offense,
and any violation continuing more than one hour of time after notice
shall be considered a separate offense for each hour of violation.
[Ord. No. 96-1, § 12, 2-20-1996]
The provisions of this article prohibiting live nude performance
shall not apply with the conduct of being nude cannot legally be prohibited
by this article because it constitutes a part of a bona fide live
communication, demonstration or performance by a person wherein such
nudity is expressive conduct incidental to and necessary for the conveyance
or communication of a genuine message or public expression and is
not a mere guise or pretense utilized to exploit the conduct of being
nude for profit or commercial gain and as such is protected by the
United States or Connecticut Constitution.
[Ord. No. 96-1, § 13, 2-20-1996]
In addition to any fines or penalties imposed herein, this article
may be enforced by injunctive procedure in the Superior Court.
