[HISTORY: Adopted by the City Council of
the City of Lowell 4-26-1988 as Ch. 11, Art. III of the 1988 Code. Amendments noted
where applicable.]
A.Â
Based on factual evidence derived from studies undertaken
in Boston, New York, Phoenix, Los Angeles and numerous other cities,
on expert testimony at various court proceedings, and on other evidence,
the City Council recognizes that serious adverse external effects
result from a concentration of commercial adult activities within
the City.
B.Â
The City Council believes that these adverse effects
may be reduced by geographic dispersal of these activities.
C.Â
The City Council further recognizes that nonobscene
adult material is protected by the First Amendment to the United States
Constitution and does not intend to unduly restrict access to such
material.
D.Â
The City Council perceives that the experience of
other communities could be repeated in Lowell and further believes
that it has a right to rely on the experiences of other cities.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
A bookstore having as a preponderance of its publications
books, magazines and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing, or
relating to sexual conduct or specified anatomical areas, as defined
in this section, for observation by patrons therein.
An establishment, including, but not limited to, a restaurant,
lounge, dance hall, nightclub, gentlemen’s club or other such
place, whose business includes the offering to customers of live entertainment
wherein employees, agents, servants, independent contractors or other
customers perform dance routines and/or display or expose specified
anatomical areas, offered as adult-oriented entertainment for viewing
by patrons or spectators on the premises and characterized by the
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
[Added 2-14-2012]
An enclosed building with a capacity for fewer than 50 persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual conduct or specified anatomical areas,
as defined in this section, for observation by patrons therein.
Any place to which the public is permitted or invited wherein
coin- 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 an emphasis on depicting or
describing sexual conduct or specified anatomical areas.
An enclosed building with a capacity of 50 or more persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual conduct or specified anatomical areas,
as defined in this section, for observation by patrons therein.
The manipulation of body muscle or tissue by rubbing, stroking,
kneading or tapping, by hand or mechanical device. The practice of
massage shall not include the following individuals while engaged
in the personal performance of duties or their respective professions:
Physicians, surgeons, chiropractors, osteopaths
or physical therapists who are duly licensed to practice their professions
in the commonwealth.
Nurses who are registered under the laws of
the commonwealth.
Barbers and beauticians who are duly licensed
under the laws of the commonwealth, except that this exclusion shall
apply solely to the massage of the neck, face, scalp and hair of the
customer or client for cosmetic or beautifying purposes.
Any establishment or business wherein massage is practiced,
including establishments commonly known as "health clubs."
Sexual conduct as defined in MGL c. 272, § 31.
An establishment having for sale sexually oriented devices.
Any artificial or simulated specified anatomical
area as defined in this section; and/or
Any other device primarily designed, promoted
or marketed to physically stimulate or manipulate the human genitals,
pubic area or anal area, including dildos, penisators, vibrators,
penis rings, erection enlargement or prolonging creams or other preparations.
Activities including, but not limited to, 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 or pubic hair, buttocks or human breast(s);
flagellation or torture on the context of a sexual relationship; masochism,
erotic or sexually oriented torture, beating or the infliction of
pain; erotic touching, fondling or other such contact with an animal
by a human being; excretory functions as part of or in connection
with any of the activities listed herein.
[Added 2-14-2012]
No building, premises, structure or other facility
that contains any adult establishment shall contain any other kind
of adult establishment.
Any person who violates this chapter shall be
guilty of a misdemeanor and shall be punished by a fine in an amount
not to exceed $300 for each offense.
A.Â
Registration required.
[Amended 2-14-2012]
(1)Â
No person
shall in any year keep a shop for the barter, rental or sale of printed
matter or motion-picture film if such shop is not open to the public
generally but only to one or more classes of the public, excluding
minors under 18 years of age, unless in such year or in the preceding
December for such year such person has registered with the City Clerk
as provided in this section and the number assigned to him upon such
registration is clearly and conspicuously imprinted on all printed
matter and motion-picture films in such shop.
(2)Â
No person
keeping a shop for the barter, rental or sale of printed matter or
motion-picture film shall in any year keep a part of his stock segregated
as available only to one or more classes of the public, excluding
minors under 18 years of age, unless in such year in the preceding
December for such year such person has registered with the City Clerk
as provided in this section and the number assigned to him upon such
registration is clearly and conspicuously imprinted on all printed
matter and motion-picture films constituting a part of the stock so
segregated.
(3)Â
No person
shall in any year at any place in the City barter, rent or sell, or
offer for barter, rental or sale, any printed matter or motion-picture
film bearing a legend restricting it to adults only or to one or more
classes of the public, excluding minors under 18 years of age, unless
in such year or in the preceding December for such year such person
has registered with the City Clerk as provided in this section, and
the number assigned to him upon such registration is clearly and conspicuously
imprinted on such printed matter or motion-picture film.
(4)Â
No person
shall in any year keep, maintain, or otherwise operate an adult establishment
as defined in this section unless in such year or in the preceding
December for such year such person has registered with the City Clerk
as provided in this section and the number assigned to him upon such
registration is clearly and conspicuously displayed in such establishment.
B.Â
Application.
(1)Â
Any person desiring that a registration number be
assigned to him for the purpose of this section shall make application
therefor to the City Clerk, in writing, setting forth:
(a)Â
His name and place of residence.
(b)Â
The address of such shop or place.
(c)Â
The names and places of residence of all persons having
a financial interest in the business.
(d)Â
The names and business addresses of all persons supplying
the printed matter, motion-picture film, or sexual devices to be offered
for barter, rental or sale, if applicable.
[Amended 2-14-2012]
(2)Â
Any person making such application shall file a list
of such books or writings or pamphlets, but excluding newspapers or
weekly or monthly magazines or pamphlets, and motion-picture films
and from time to time during the year as circumstances change file
supplementary writings with the City Clerk setting forth such changes.
Unless, subsequent to the effective date of this section, the applicant
has violated MGL c. 272, § 28 and been finally adjudged
guilty of such violation, the City Clerk shall assign to the applicant
a registration number.
[Amended 12-23-2008]
C.Â
The fee of the City Clerk for receiving and filing an application under this section and assigning a registration number to the applicant shall be as provided in Chapter 150, Fees.
[Amended 12-23-2008]
D.Â
No person shall violate any provision of this section,
or make a false or fraudulent representation in making an application
under this section, or neglect or fail to file supplementary writings
as required by this section.
[Added 2-14-2012]
While on the premises of an adult establishment, no employee,
agent, servant, independent contractor or other customer shall be
permitted to have physical contact with any other adult entertainment
employee, other employee, patron or spectator while the employee,
agent, servant, independent contractor or other customer is entertaining,
dancing or otherwise involved in the display of or exhibition of specified
anatomical areas or specified sexual activities.
