[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 8-6-2001. Amendments noted where applicable.]
Zoning — See Ch. 242.
This chapter shall be known as the "Adult-Oriented Business Establishments Ordinance for the Town of Brookfield."
The Board of Selectman of the Town of Brookfield, Connecticut (hereinafter the "Town") finds:
There are or may in the future be adult-oriented business establishments, hereinafter defined, located in or which may wish to locate in the Town of Brookfield, which establishments require special regulation and supervision from the Town's public safety agencies in order to protect the health, safety and welfare of the patrons of such establishments as well as the health, safety and welfare of the Town's citizens.
Statistics and studies performed by a substantial number of cities and Towns in the United States indicate that:
Large numbers of persons, primarily male, frequent such adult-oriented business establishments;
Persons under the age of eighteen may be attracted to adult-oriented business establishments and seek to enter or loiter about them without the knowledge or permission of their parents and guardians;
Closed booths, cubicles and rooms for private viewing of adult-oriented materials is not conducive to the public health and safety of the residents of the Town;
The Town wishes to discourage conditions which are likely to lead to increases in crime, drug abuse, prostitution and adverse effects on residential neighborhoods and property values;
Nude dancing, movie studios that depict principally pornographic films for mature audiences, and sexual performances and similar activities do not comport with the moral standards of this community, and that by a resolution of the Town Meeting, it was found that such businesses should be regulated to promote the health, safety and welfare of the residents of this Town and the potential customers of any such establishments, and that not to do so would be detrimental to the health, safety and welfare of the residents of Brookfield;
The continued unregulated operation of adult-oriented business establishments is and would be detrimental to the health, safety and welfare of the citizens of the Town of Brookfield;
Despite restrictions, minors often manage to enter and view adult materials in motion-picture theaters or video machines;
The Constitution and the laws of the State of Connecticut grant the Town powers, especially regulatory and police powers, to enact legislation in measure to regulate and supervise such adult-oriented business establishments in order to protect the public health, safety and welfare; and
It is the intent of the Town in enacting this chapter to impose such limitations and restrictions as may be allowed by the United States Constitution and in keeping with the morals of this community, while at the same time, allowing venues for an adult to obtain and/or view sexually oriented materials from an establishment that chooses to locate within this Town.
For the purpose of this section, the words and phrases used herein shall have the following meanings unless otherwise clearly indicated by the context:
- ADULT-ORIENTED BUSINESS
- A public or private establishment in which 20% or more of the wholesale value of its inventory, or 20% or more of its monthly sales, consist of adult books, adult videos, adult novelties, adult magazines, which can be characterized as "adult materials" because they emphasize matters depicting sexual activities or sexual parts of the male or female anatomy or facsimiles of the same, and are intended for adult viewing.
- ADULT AMUSEMENT MACHINE
- Includes any amusement machine that is regularly used for presenting material distinguish or characterized by its emphasis on matters depicting, describing or relating to sexual activities or anatomical areas of the human body for viewing by adults eighteen years or older.
- ADULT CABARET
- A public or private establishment which is licensed to serve food or alcoholic beverages and which features nude or partially nude dancers, gogo dancers, exotic dancers, strippers, or similar entertainers where the emphasis is on depicting sexual activities or anatomical areas of the human body consisting of male and female genitalia or female breasts.
- ADULT MINI-MOTION PICTURE THEATER
- An enclosed building with a capacity of less than fifty persons, used regularly or routinely for presenting materials that have as a dominant theme an emphasis on sexual activities or sexual anatomical areas of the human body for observation by adults wherein minors are excluded by virtue of age.
- ADULT MOTION PICTURE THEATER
- An enclosed building with a capacity of fifty or more persons used regularly or routinely for the presentation of motion pictures, films, videocassettes, and similar visual media, characterized by an emphasis on matters depicting, describing or relating to sexual activities or sexual anatomical areas of the human body for observation by adults wherein minors are excluded by virtue of age.
- ADULT NOVELTY BUSINESS
- An establishment having 10% or more of its stock and trade in adult materials, toys and other devices designed for sexual stimulation or wearing apparel that exposes specific anatomical areas when worn that would otherwise be covered by such articles of clothing.
- ADULT-ORIENTED BUSINESS ESTABLISHMENT
- A public or private establishment which is customarily not open to the general public but only to one or more classes of the public, thereby excluding any minor by reason of age, and whose principal activity includes but is not limited to one or a combination of the following types of businesses: adult amusement machines, adult bookstore, adult motion-picture theater and adult mini-motion-picture theater, adult personal service establishment, adult cabaret, adult video store, adult novelty business as well as 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 entertainment, any premises to which the public, patrons or members are invited, or admitted wherein an entertainer, as defined below, provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect, regardless of how such premises are advertised or represented, but including, without limitation, adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import, as well as adult cabaret, adult novelty business, adult personal service business. Adult-oriented business establishments shall not include a business that only has an accessory adult use as a component of its merchandise or inventory.
- ADULT PERSONAL SERVICE ESTABLISHMENTS
- An establishment, club, or business by whatever name designated which offers or advertises or is equipped or arranged so as to allow a person to provide personal services for a person of the same or other sex, where either person is nude or partially nude, on an individual basis in an open or closed room and which excludes minors by virtue of age. Such services or activities include but are not limited to massages, body rubs, alcohol rubs, baths and other similar treatments, as well as modeling studios, body painting studios, wrestling studios, and individual theatrical performances. It does not include the following specific uses and activities, performed by persons pursuant to, and in accordance with, licenses issued to such persons by the State of Connecticut:
- A. Treatment by a licensed chiropractor, a licensed osteopath, a Connecticut-licensed masseur or masseuse, a licensed practical nurse or a registered professional nurse;
- B. Electrolysis treatment by a licensed operator of electrolysis equipment;
- C. Hospitals, nursing homes, medical clinics or medical offices;
- D. Barbershops, or beauty parlors which offer massage to the scalp, the face, the neck or shoulders only;
- E. Athletic facilities of an educational institution, including alumni club, or of a philanthropic or charitable institution; and
- F. Health establishments, including commercial and noncommercial clubs, which are equipped and arranged to provide instruction, services, or activities which improve or affect a person's physical condition by physical exercise or by massage. Physical exercise programs include aerobics, martial arts or the use of exercise equipment.
- G. Accredited educational institutions.
- ADULT VIDEO STORE
- An establishment having 10% or more of its stock and trade in videotapes or films for barter, sale or rent or for viewing on premises by use of motion-picture devices or any other coin-operated means, and other printed materials and other periodicals which are distinguished or characterized by their emphasis on matters depicting or relating to specified sexual activities or specific anatomical areas, as defined below.
- The Board of Selectmen of the Town of Brookfield.
- CHIEF OF POLICE
- The Chief of Police of the Town of Brookfield or his designated agent.
- Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented business establishment.
- Any person who engages in the performance of adult entertainment within an adult-oriented business establishment, as defined in this section, whether or not a fee is charged or accepted for such entertainment and whether or not such person is an employee or an independent contractor.
- An employee of the Brookfield Police Department, Health Department, or the Fire Department, including the Fire Marshal, Building Department, Zoning Enforcement Officer, and/or or other Town employees designated by the Chief of Police, who shall hereby be authorized to inspect premises regulated under this chapter, and to take the required actions authorized by this chapter in case of violations being found on such premises, and to require corrections of unsatisfactory conditions found on said premises.
- Any person under the age of 18 years.
- Any person, or any proprietor, shareholder, general partner, LLC member or limited partner who holds twenty percent or more of the shares or partnership interest or ownership interest of any business, which is operating, conducting, owning or maintaining an adult business establishment.
- PARTIALLY NUDE
- Having any part of specified anatomical areas, as defined below, less than completely or opaquely covered.
- PRINCIPAL ACTIVITY
- A use accounting for 10% or more of a business's stock and trade, in display space, or floor space, or movie display time per month.
- TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT-ORIENTED BUSINESS ESTABLISHMENT
- The sale, lease or sublease of the premises; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfers by bequest or other operation of the law upon death of the person possessing ownership or control.
All adult-oriented business establishments shall comply with the following requirements:
Such uses are only permitted in IRC 80/40 Zone north of Production Drive.
No such adult-oriented business establishment shall be located within 500 feet of any residential structure.
No such adult-oriented business establishment shall be located within 500 feet of the property line of any public or private school or other educational facility serving individuals under the age of 17 years, day-care center or senior center.
No such adult-oriented business establishment shall be located within 500 feet of the property line of any lot containing a preexisting establishment which sells alcoholic beverages (other than beer and wine) for on-premises consumption, or within 500 feet of the property line of any lot containing a preexisting restaurant or other food service establishment which does not sell alcoholic beverages (other than beer or wine) for on-premises consumption.
No such adult-oriented business establishment shall be located within 500 feet of another such establishment.
For purposes of compliance with these separation requirements, distances shall be measured in a straight line, without regard to intervening structures or objects, from the principle entrance of the building containing or proposing to contain an adult-oriented business establishment to the nearest boundary of the uses specified in Subsections A, B, C, and D above.
In accordance with Connecticut General Statutes § 8-6, these regulations shall not be varied by the Zoning Board of Appeals to accommodate the location of an adult-oriented business establishment.
No adult-oriented business establishment shall allow, feature or exhibit employees or entertainers who are nude or partially nude where live specific anatomical areas are exposed to patrons.
No adult-oriented business establishment shall remain open between the hours of 11:00 p.m. and 8:00 a.m.
No adult-oriented business establishment shall include or feature live entertainment involving the touching or displaying of specific anatomical areas or in any way displaying, featuring, performing or simulating live specific sexual activities.
An adult-oriented business establishment shall be permitted one single-faced sign affixed to the building where the permitted use is located that contains the name of the establishment or otherwise refers to the permitted use, provided that the total area of said sign shall not exceed the area allowed in § 242-306F(4).
Each adult-oriented business establishment must post and maintain a sign twenty four inches by six inches on the exterior of the building adjacent to its main entryway indicating "ADULTS ONLY" with letters five inches in height.
Entrance and exit signs shall be allowed pursuant to § 242-306F(6) of the Zoning Regulations. No other signage is allowed, except as set forth in this section.
No adult entertainment shall be conducted in a matter that permits the observation of any material or novelties depicting, describing, or relating to specified sexual activities or specific anatomical areas from any public way or from any property not registered as an adult-oriented business establishment. This requirement shall also apply to any display, decoration, sign, show window or other opening.
All existing or proposed adult-oriented business establishments shall, within 30 days of the effective passage of this chapter or prior to the opening of business, register with the Zoning Enforcement Officer and provide the following information:
The street address of the premises;
The name of the owner of the premises, or the names of the beneficial owners if the property is in a trust;
The address of the operator and owner or the beneficial owners;
The trade name of the adult-oriented business establishment;
The name(s) and address(es) of the owner, beneficial owner, partners, limited partners or the major stockholders of the adult-oriented business establishment;
The date of initiation of the adult-oriented business establishment;
If the building or premises is leased, a copy of said lease shall be furnished;
A description of the business's principal activity and the nature and type of adult-oriented business establishment to be conducted on the premises;
A description of the anticipated percentage of stock or inventory that will be of an adult-oriented nature;
A description of all signs visible from the exterior of the premises;
A description of any proposed window displays or the manner in which windows will be covered;
A schematic showing of the layout or proposed layout of the interior of the business establishment.
Upon filing of this information, the Zoning Enforcement Officer shall automatically issue a certificate of registration within 10 days. The Zoning Enforcement Officer shall require proof of posting of the "ADULTS ONLY" sign as called for under these regulations. The failure of any adult-oriented business establishment to obtain a certificate of registration shall be deemed a violation of this chapter entitling the Zoning Enforcement Officer to issue a cease-and-desist order. Any appeals from the cease-and-desist order shall be handled in accordance with Connecticut General Statutes § 8-8. No cease-and-desist order will stay the operation of the establishment unless the Zoning Enforcement Officer seeks and obtains a court-ordered injunction. During any administrative appeal or injunction proceedings, the Zoning Enforcement Officer shall carry the burden of proof.
Should any court of competent jurisdiction declare any section, clause or provision of this chapter to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provision of this chapter.
In addition to the injunctive relief and other statutory remedies afforded to the municipality, any violation of this chapter shall be subject to a fine of $100. Each day of violation shall be considered a separate offense.
Any adult-oriented business establishment may be inspected during its normal business hours by an inspector as defined herein to ensure compliance with this chapter. Any violation of this chapter, in addition to the other enforcement mechanisms available, may be referred to the Zoning Enforcement Officer for the issuance of a cease-and-desist order to be prosecuted in accordance with § 78-7 above or to the Police Department for appropriate enforcement.
Requirements of the operator.
Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the 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, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
An operator of an adult-oriented establishment shall be responsible for the conduct of all employees while on the premises of such establishment, and any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this chapter.
No operator or employee of an adult-oriented establishment shall allow or permit any minor or intoxicated person to loiter in any part of such establishment, including parking lots immediately adjacent to such establishment used by patrons of such adult-oriented establishment.
Every adult-oriented business establishment in Town on or after September 1, 2001, shall be well-lit at all times in the interior and shall be physically arranged in such a manner as to prohibit booths, cubicles or stalls. All portions of the premises shall be readily accessible and open and well-lit at all times in their entirety by overhead lighting fixtures of sufficient intensity to illuminate every place to which a patron is permitted access, at not less than one footcandle as measured from the floor level. It shall be the duty of the operator and its employees to ensure that the illumination described above is maintained at all times of hours of operation.
The operator shall insure compliance of the adult-oriented business establishment and its patrons with the provisions of this chapter.
Inspections. An operator or an applicant for a license to operate an adult-oriented business establishment shall permit representatives of the Police Department, Health Department, Fire Department, Building Department and/or any other inspector as defined above to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law, at all reasonable times.
Police Department license required. The operator of each adult-oriented establishment shall be responsible for and shall acquire a license from the Town in the following manner:
The premises may be inspected by the Town Health Department, Fire Department, Building Department and Zoning Enforcement Officer within 60 days of receipt of the complete application. If the premises are in compliance with state and local health, fire and building codes and zoning regulations, a license shall be issued within 90 days of receipt of the complete application unless the applicant is deemed unqualified.
An applicant shall be unqualified if one or more of the following is true:
An applicant is under 18 years of age;
An applicant is overdue in payment to the Town of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to an adult-oriented business;
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
An applicant has violated a provision of this chapter within two years immediately preceding the application;
The premises to be used for the adult-oriented business have not been approved by the Town Health Department, Fire Department and Building Department, as being in compliance with applicable laws, ordinances and regulations, within 60 days of the filing of the application;
An applicant is in violation Article V, § 242-501 et seq. of the Town of Brookfield Zoning Regulations;
The license fee required herein has not been paid at the time the application was filed with the Chief of Police;
An applicant has been employed in an adult-oriented establishment in a managerial capacity within the preceding 36 months and knowingly:
Permitted alcohol liquor or cereal malt beverages to be illegally brought or consumed upon the premises;
Permitted the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
Permitted any person under the age of 18 to be in or upon the premises of an adult-entertainment business; or
Permitted the act of prostitution or patronizing prostitution, as defined under state law, on the premises.
An applicant has been convicted or has plead nolo contendere to a felony within five years immediately preceding the application or has been convicted of or plead nolo contendere within two years immediately preceding the application where such misdemeanor involved sexual assaults or batteries, prostitution, indecent exposure, sexual abuse of a child, child pornography or the sale or distribution of controlled substances or illegal drugs or narcotics.
If an applicant is deemed unqualified, said rejection shall be in writing and shall specifically state the evidence presented and reason for rejection and shall be sent to the applicant by registered mail as further provided in this chapter.
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult-oriented business. 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.
This application shall include the information called for in Subsection A(1) through (9) below. If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information in Subsection A(1) through (9) below, the application shall state the date of formation of the organization and the information called for in Subsection A(2) through (6) of this section with respect to each officer, director, general partner and all other persons with authority to participate directly and regularly in management of the business, but such information need not be provided with respect to attorneys, accountants and other persons whose primary function is to provide professional assistance to the licensee.
The name, business location, business mailing address and phone number of the proposed adult-oriented business establishment.
The full true name and any other names, aliases or stage names used in the preceding five years.
Current residential mailing address and telephone number.
Written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency.
The issuing jurisdiction and the effective dates of any license or permit relating to an adult-oriented business or adult service, whether any such license or permit has been revoked or suspended and, if so, the reason or reasons therefor.
All criminal charges, complaints or indictments in the preceding five years which resulted in a conviction or a plea of guilty or nolo contendere.
The name and address of a statutory agent or other agent authorized to receive service of process.
The name(s) of the adult-oriented business manager(s) who will have actual supervisory authority over the operations of the business.
An accurate, to scale, but not necessarily professionally drawn, floor plan of the business premises clearly indicating the location of one or more manager's stations.
A license fee of $1,500 shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
Each license shall expire one year from the date of issuance and may be renewed annually by making application as provided in this chapter. Application for renewal shall be made at least 30 days before the expiration date, to allow Town officials to review the application in a timely manner. However, when an application for renewal is made less than 90 days before the expiration date, the expiration of the license will not be affected.
An annual license renewal fee of $750 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against the applicant who files for renewal less than 90 days before the license expires. If the application for renewal is denied, 1/2 of the total fees collected shall be returned.
No adult-oriented establishment shall operate if its license expires by lapse of time.
The Chief of Police shall suspend a license for a period not to exceed 30 days if he determines that an operator or an employee of an operator has violated any part of this chapter or violated any state statute regarding the subject establishment.
The Chief of Police shall revoke a license if a cause of suspension in this chapter occurs and the license has been suspended within the preceding 12 months.
The Chief of Police shall revoke a license if he determines that:
An operator gave false or misleading information in the material submitted during the application process;
An operator or an employee of an operator has knowingly allowed possession, use or sale of controlled substances on the premises of the adult-oriented business;
An operator or an employee of an operator has knowingly allowed or promoted prostitution on the premises of the adult-oriented business;
An operator or an employee of an operator has knowingly operated the adult-oriented establishment during a period of time when the operator's license was suspended;
An operator or an employee of an operator has knowingly allowed or, as a result of his or her negligent failure to supervise, has allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the premises of the adult-oriented establishment;
Any operator is convicted or pleads guilty or nolo contendere to an offense stated above.
An operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation.
Any person, partnership or corporation who is found to have violated this section shall be fined a defined sum not to exceed $100 for each such violation.
Each violation of this section shall be considered a separate offense, and any violation continuing more than one hour of time shall be considered a separate offense for each hour of violation.
An operator shall not transfer his or her license to another, nor shall an operator operate an adult-oriented establishment under the authority of a license at any place other than the address designated in the application.
The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
If the Chief of Police denies the issuance of a license, or suspends or revokes a license, he shall, within 10 days of his decision, send to the applicant or operator at the address listed on the application, by certified mail, return receipt requested, written notice of his decision and further shall specifically state the evidence presented, the reason for the decision, and the right to an appeal. The aggrieved party may appeal the decision to the Board of Police Commissioners within 30 days of receipt of the notice. The Board must render a decision within 45 days of receipt of the appeal. The aggrieved party may file an appeal from the Board of Police Commissioners directly to the Superior Court for the Judicial District of Ansonia-Milford within 15 days of issuance of notice of denial of the appeal from the Board of Police Commissioners. The filing of an appeal stays the action of the Town in suspending or revoking a license under the Board of Commissioners. The filing of an appeal stays the action of the Town in suspending or revoking a license until the Board of Police Commissioners or Superior Court makes a final decision. Nothing in this section shall prevent the Town from proceeding with an injunction action as provided for herein.
A person who operates or causes to be operated an adult-oriented business without a valid license is subject to a suit for injunction.