CHAPTER 123

ADULT ORIENTED BUSINESSES

123.01 Purpose and Findings
123.02 Definitions
123.03 Classification
123.04 License Required
123.05 Issuance of License
123.06 Fees
123.07 Inspection
123.08 Expiration of License
123.09 Suspension
123.10 Revocation
123.11 Hearing; Denial, Revocation and Suspension; Appeal
123.12 Transfer of License
123.13 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos
123.14 Regulations Pertaining to Adult Cabarets
123.15 Loitering, Exterior Lighting, Visibility and Monitoring Requirements
123.16 Penalties and Enforcement
123.17 Applicability to Existing Businesses
123.18 Prohibited Activities
123.19 Scienter Required to Prove Violation or Liability
123.20 Failure of City to Meet Deadline
123.21 Restrictions on Location

123.01 PURPOSE AND FINDINGS.

Rationale. It is the purpose of this chapter to regulate adult oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter 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 chapter to condone or legitimize the distribution of obscene material.
Findings. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Council, and on findings, interpretations, and narrowing constructions incorporated in the following cases: City of Littleton v. Z.J. Gifts D-4, L.L.C., 2004 U.S. LEXIS 4026 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap’ s A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977), dismissed for want of a substantial federal question, 435 U.S. 982 (1978); Farkas v. Miller, 151 F.3d 900 (8th Cir. 1998); Jakes Ltd. v. City of Coates, 284 F.3d 884 (2002); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); Green v. City of St. Paul, 1999 U.S. App. LEXIS 12057 (8th Cir. 1999) (unreported); Scope Pictures v. City of Kansas City, 140 F.3d 1201 (8th Cir. 1998); Excalibur Group v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Ambassador Books & Video v. City of Little Rock, 20 F.3d 858 (8th Cir. 1994); Alexander v. Minneapolis, 928 F.2d 278 (8th Cir. 1991); John Doe v. Minneapolis, 898 F.2d 612 (8th Cir. 1990); Thames Enters. v. St. Louis, 851 F.2d 199 (8th Cir. 1988); MRM, Inc. v. City of Davenport, 290 N.W.2d 338 (Iowa 1980); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); World Wide Video of Washington, Inc. v. City of Spokane, 2004 U.S. App. LEXIS 10443 (9th Cir., May 27, 2004) (including exhibits cited therein), aff’ g 227 F.Supp.2d 1143 (E.D. Wash. 2002); Bigg Wolf Discount Video v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Z.J. Gifts D-4 L.L.C. v. City of Littleton, 93 P.3d 633 (Colo. App. 2004); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); and other cases; and on reports concerning secondary effects in and around adult uses, including, but not limited to, Summaries of Key Reports Concerning the Negative Secondary Effects of Adult Oriented Businesses; Garden Grove, California – 1991; Los Angeles, California – 1977; Whittier, California – 1978; Austin, Texas – 1986; Phoenix, Arizona -1979, 1995-1998; Minneapolis, Minnesota – 1980; Houston, Texas – 1997; Tucson, Arizona – 1990; Indianapolis, Indiana – 1984; St. Cloud, Minnesota – 1994; Amarillo, Texas; Centralia, Washington – 2003; Seattle, Washington – 1989; Oklahoma City, Oklahoma – 1986; and Dallas, Texas – 1997; New York Times Square study – 1994; and also on findings from the Report of the Attorney General’s Working Group On The Regulation Of Adult uses, (June 6, 1989, State of Minnesota), the Council finds:
- A. Adult oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on property values, urban blight, litter, and sexual assault and exploitation.
- B. Sexual acts, including masturbation, oral and anal sex, sometimes occur inside the premises of or in the parking lot of unregulated adult oriented businesses, including but not limited to those which provide private or semi-private booths, rooms, or cubicles for viewing films, videos, or live sexually explicit shows, which acts pose a risk to public health through the spread of sexually transmitted diseases.
- C. Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating, and said substantial interest exists independent of any comparative analysis between adult oriented and non-sexually oriented businesses.

123.02 DEFINITIONS.

The following terms are defined for use in this chapter.

“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 regularly show images distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas, and where the booth(s) or room(s) in which such images are shown contain less than twenty (20) individual seats for patrons.
“Adult bookstore or adult video store” means a commercial establishment that:
- A. Has a substantial portion of its displayed merchandise which consists of, or
- B. Has a substantial portion of the wholesale value of its displayed merchandise which consists of, or
- C. Has a substantial portion of the retail value of its displayed merchandise which consists of, or
- D. Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of, or
- E. Maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
The term adult bookstore or adult video store shall also include a commercial establishment which regularly maintains one or more adult arcades.
“Adult cabaret” means a nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear nude or semi-nude.
“Adult model studio” means any place where a person, who regularly appears in a state of nudity or state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity or state of semi-nudity did so in a modeling class operated:
- A. By a college, junior college, or university supported entirely or partly by taxation;
- B. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or:
- C. In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three days in advance of the class.
“Adult motel” means a motel, hotel, or similar commercial establishment which offers public accommodations, for any form of consideration, and which regularly provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by their emphasis upon the exhibition of specified sexual activities or specified anatomical areas and which regularly advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television. Public accommodations shall include a full sized bed or larger, separate private bathroom facilities, and amenities for storing and hanging clothes.
“Adult motion picture theater” means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions or visual images which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration, and where the booth(s) or room(s) in which such images are shown contain more than twenty (20) individual seats for patrons.
“Adult oriented business” means an adult bookstore or adult video store, an adult cabaret, an adult motel, an adult motion picture theater, a sexual device shop, a semi-nude model studio, or a sexual encounter center.
“Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are distinguished or characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.
“Distinguished or characterized by their emphasis upon” means the dominant or principal theme of the object described by such phrase. For instance, when the phase refers to films which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.
“Employ, employee, and employment” describe and pertain to any person who performs any service on the premises of an adult oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
“Established” means and includes any of the following:
- A. The opening or commencement of any adult oriented business as a new business; or
- B. The conversion of an existing business, whether or not an adult oriented business, to another adult oriented business.
“Features” means to offer the goods or services so modified by that term to the public as one of the intended profit-making objectives of the commercial enterprise, which enterprise holds itself forth to the public, through marketing, advertising, signage, promotions, or merchandise display, as a place where said goods or services may be obtained.
“Influential interest” means any of the following:
- A. The actual power, directly or indirectly, to control the operation, management or policies of a business or entity,
- B. Ownership of a financial interest of thirty percent (30%) or more of a business or of any class of voting securities of a business; or
- C. Holding an office (e.g., president, vice president, secretary, treasurer, etc.) or directorship in a legal entity which operates the adult oriented business.
“Licensed day-care center” means a facility licensed by the State whether situated within the City or not, that provides care, training, education, custody, treatment or supervision for more than six children under fourteen years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for a period of less than twenty-four hours per day, regardless of whether or not the facility is operated for a profit or charges for the services it provides.
“Licensee” means a person in whose name a license to operate an adult oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for an adult oriented business license.
“Nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
“Operate” means to cause to function or to put or keep in a state of doing business. A person may be found to be operating or causing to be operated an adult oriented business regardless of whether that person is an owner or part owner of the business.
“Operator” or “manager” means a person who exercises supervisory control over the employees, activities, premises, or a portion of the premises of the sexually oriented business.
“Regularly” means and refers to the consistent and repeated doing of the act so described.
“Semi-nude or state of semi-nudity” means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. 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 breasts exhibited by a dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
“Sexual device” means any three (3) dimensional object designed and marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical representations of the human genital organs, and shall also include certain devices with non-sex related utility, such as leather whips, straps, and ligatures when said devices are marketed in a context promoting sexual or sadomasochistic uses. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
“Sexual device shop” means a commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises by reason of age.
“Sexual encounter center” means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, physical contact in the form of wrestling or tumbling between two or more persons, where one or more of the persons is in a state of nudity or state of semi-nudity.
“Specified anatomical areas” means human genitals, anus, cleft of the buttocks, or the female breast.
“Specified criminal activity” means any of the following specified crimes for which less than five years elapsed since the date of conviction, guilty plea, plea of nolo contendere, or the date of release from confinement for the conviction, guilty plea, or plea of nolo contendere, whichever is the later date: A. Vice offenses (Iowa Code Ch. 725);
B. Obscenity offenses (Iowa Code Ch. 728);
C. Sexual abuse offenses (Iowa Code Ch. 709);
D. Money laundering (Iowa Code § 706B.2); or
E. Controlled substances offenses (Iowa Code Ch. 124, Div. IV);
or any offense committed in another jurisdiction that, had the predicate acts been committed in Iowa, would constitute any of the foregoing specified Iowa offenses.
“Specified sexual activities” means any of the following: A. Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or B. Excretory functions as a part of or in connection with any of the activities described in paragraph A above.
“Substantial” means more than twenty-five percent (25%) of the item so modified.
“Viewing room” means the room, booth, or area where a patron of an adult oriented business would ordinarily be positioned while watching a film, videocassette, or other video reproduction.

123.03 CLASSIFICATION.

The classifications for adult oriented businesses shall be as follows:

1. Adult bookstores or adult video stores;
2. Adult cabarets;
3. Adult motels;
4. Adult motion picture theaters;
5. Semi-nude model studios;
6. Sexual device shops;
7. Sexual encounter centers.

123.04 LICENSE REQUIRED.

It is unlawful for any person to operate an adult oriented business in the City without a valid adult oriented business license.
An applicant for an adult oriented business license shall file, in person, at the City Administrator’s office a completed application made on a form provided by the City Administrator. The application shall be signed as required herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in paragraphs A through G below, accompanied by the appropriate fee:
- A. The applicant’s full true name and any other names used by the applicant in the preceding five (5) years.
- B. Current business address or another mailing address of the applicant.
- C. Written proof of age, in the form of a driver’s license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
- D. The business name, location, legal description, mailing address and phone number of the adult oriented business.
- E. The name and business address of the statutory agent or other agent authorized to receive service of process.
- F. A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
- G. A statement of whether any adult oriented business in which an applicant has had an influential interest has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
  (1) Been declared by a court of law to be a nuisance; or
  (2) Been subject to a court order of closure or padlocking.
  The information provided pursuant to paragraphs A through G of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the City Administrator’s office within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
An application for an adult oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or 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 shall 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 (6) inches. Applicants who are required to comply with Section 123.13 and Section 123.14 of this chapter shall submit a diagram indicating that the interior configuration meets the requirements of those sections.
If a person who wishes to operate an adult oriented business is an individual, the person shall sign the application for a license as applicant. If a person who wishes to operate an adult oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as applicant. Each applicant must be qualified under Section 123.05 and each applicant shall be considered a licensee if a license is granted. If the applicant is an Iowa corporation or limited liability company it shall provide a certified copy of its articles and all amendments thereto on file with the Iowa Secretary of State. If a foreign corporation or limited liability company it shall provide a certified copy of its certificate of authority to transact business in this state.
The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the City Administrator’s office.

123.05 ISSUANCE OF LICENSE.

1. Upon the filing of a completed application under Section 123.04 (2) for an adult oriented business license, the City Administrator’s office shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the City to deny or grant an annual license. Within twenty (20) days of the filing date of a completed adult oriented business license application, the City Administrator shall issue a license to the applicant or issue to the applicant a letter of intent to deny the application. The City Administrator shall issue a license unless:

A. An applicant is less than eighteen (18) years of age.
B. An applicant has failed to provide information as required by Section 123.04 for issuance of a license or has falsely answered a question or request for information on the application form.
C. The license application fee required by this chapter has not been paid.
D. The adult oriented business is not in compliance with the interior configuration requirements of this chapter or is not in compliance with the City zoning regulations.
E. Any adult oriented business in which the applicant has had an influential interest has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
(1) Been declared by a court of law to be a nuisance; or
(2) Been subject to an order of closure or padlocking.
F. An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.
G. Less than twelve months have expired since a license issued to the licensee was revoked.

123.06 FEES.

The initial license and annual renewal fees for adult oriented business licenses shall be as follows:
1. Five hundred dollars ($500.00) for the initial license.
2. Two hundred seventy-five dollars ($275.00) for annual license renewal.

123.07 INSPECTION.

Adult oriented businesses shall permit the City Administrator to inspect, from time to time on an occasional basis, the portions of the adult oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the adult oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed by the City to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation

123.08 EXPIRATION OF LICENSE.

Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in Section 123.04 and Section 123.06.
Application for renewal should be made at least ninety (90) days before the expiration date, and when made less than ninety (90) days before the expiration date, the expiration of the license will not be affected.

123.09 SUSPENSION. The City shall issue a written letter of intent to suspend an adult oriented business license for a period not to exceed thirty (30) days if the adult oriented business licensee has knowingly violated this chapter or has knowingly allowed an employee to violate this chapter.

123.10 REVOCATION.

The City shall issue a letter of intent to revoke an adult oriented business license if the licensee knowingly violates this chapter or has knowingly allowed an employee to violate this chapter and the licensee’s license has been suspended within the previous twelve (12) month period.
The City shall issue written intent to revoke an adult oriented business license, if:
- A. The licensee has knowingly given false information in the application for the adult oriented business license.
- B. The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises
- C. The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises.
- D. The licensee knowingly or recklessly operated the adult oriented business during a period of time when the license was finally suspended or revoked.
- E. The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity to occur in or on the licensed premises.
- F. The licensee has knowingly or recklessly violated a City, federal or state law relative to the operation of an adult entertainment business.
3. The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
4. When, after the notice and hearing procedure described in Section 123.11, the City Council revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult oriented business license for one (1) year from the date revocation becomes effective. Said revocation shall terminate any nonconforming use rights to use the property as an adult oriented business.

123.11 HEARING; DENIAL, REVOCATION AND SUSPENSION; APPEAL.

When the City Administrator issues a written notice of intent to deny, suspend, or revoke a license, the City Administrator shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the City Administrator for the respondent. The notice shall specify a date, not less than ten (10) days nor more than twenty (20) days after the date the notice is issued, on which the City Administrator shall conduct a hearing on the intent to deny, suspend, or revoke the license.
At the hearing, the respondent shall have the opportunity to present all of respondent’s arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the City Administrator’s witnesses. The City Administrator shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two (2) days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The City Administrator shall issue a written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five (5) days after the hearing. The decision of the City Administrator is final.
If the decision is to deny, suspend, or revoke the license, the decision shall not become effective until the thirtieth (30th) day after it is rendered, and the decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the City Administrator’s decision finds that no grounds exist for denial, suspension, or revocation of the license, the City Administrator shall, contemporaneously with the issuance of the decision, immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the City Administrator shall contemporaneously therewith issue the license to the applicant.
If any court action challenging the City Administrator’s decision is initiated, the City Administrator shall prepare and transmit to the court a record of the hearing within ten (10) days after receiving written notice of the filing of the court action. The City Administrator shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any adult oriented business that is in operation as of the effective date† of this chapter: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City’s enforcement of the denial, suspension, or revocation, the City shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the adult oriented business and will expire upon the court’s entry of a judgment on the respondent’s appeal or other action to restrain or otherwise enjoin the City’s enforcement.

123.12 TRANSFER OF LICENSE. A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult oriented business under the authority of a license at any place other than the address designated in the adult oriented business license application.

123.13 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS.

A person who operates or causes to be operated an adult oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:
- A. Each application for an adult oriented business license shall contain a diagram of the premises showing the location of all operator’s stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the 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 shall be oriented to the north or to some designated street or object and shall 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 inches. The City Administrator 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.
- B. It is the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to paragraph A above.
- C. The interior 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 candles as measured at the floor level. It is the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
- D. It is the duty of the operator, and of any employees present on the premises, to ensure that no specified sexual activity occurs in or on the licensed premises.
- E. It is the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
  (1) That the occupancy of viewing rooms is limited to one person.
  (2) That sexual activity on the premises is prohibited.
  (3) That the making of openings between viewing rooms is prohibited.
  (4) That violators will be required to leave the premises.
  (5) That violations of subparagraphs (2), (3) and (4) of this paragraph are unlawful. It is the duty of the operator to enforce the regulations articulated in (1 though 5) above.
- F. The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. Viewing rooms shall not contain a door or curtains at the entrance to the room. An operator’s station shall not exceed thirty-two (32) square feet of floor area. If the premises has two (2) or more operator stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator’s stations. The view required in this paragraph must be by direct line of sight from the operator’s station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator’s station at all times that any patron is on the premises. It is the duty of the operator, and also the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
It is unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

123.14 REGULATIONS PERTAINING TO ADULT CABARETS.

A person who operates or causes to be operated an adult cabaret shall comply with the following requirements:
- A. Each application for an adult oriented business license to operate an adult cabaret shall contain a diagram of the premises showing the location of the bar, tables, booths, restrooms, private rooms, employee’s station, video cameras and monitors installed for monitoring purposes and any private rooms on the premises. The diagram shall also designate all portions of the premises where patrons will not be permitted. Restrooms shall not contain video reproduction equipment. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall 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 inches. The City Administrator 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.
- B. It is the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated in the application filed pursuant to paragraph A above as an area in which patrons will not be permitted.
- C. It is unlawful for an operator to permit a patron to be in a private room unless an employee is available at the bar or an employee’s station that provides unobstructed view of the private room.
- D. It is the duty of the operator, and of any employees present on the premises to ensure that no specified sexual activity occurs in or on the licensed premises. E. It is the duty of the operator or the licensee to post conspicuous signs in well-lighted entry areas of the business stating:
  (1) That sexual activity on the premises is prohibited.
  (2) That violators will be required to leave the premises.
  (3) That a violation of subparagraph (1) of this paragraph is unlawful.
- F. The interior of the premises shall be configured in such a manner that there is an unobstructed view from the bartender’s station or any manned employee’s station of the premises including the interior of each private room but excluding restrooms to which any patron is permitted access for any purpose. An employee’s station shall not exceed thirty-two square feet of floor area. If the premises has two or more employee stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator’s stations. The view required in this paragraph must be by direct line of sight from the employee’s station at all times that any patron is on the premises. It is the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
- G. Private rooms shall not contain a door or curtains at the entrance to the room. For the purpose of this paragraph a “private room” is an area on the licensed premises containing at least sixty-four square feet of floor space enclosed by four walls intended to be used for dancing or any other conduct by and between a patron and an employee.
- H. It is unlawful to allow a person under the age of 18 to enter or be on the premises at any time that the establishment is open for business. It is the duty of the operator to ensure that an attendant is stationed at each public entrance to the premises at all times during business hours to prohibit any person under the age of 18 from entering.
It is the duty of the operator to enforce the regulations articulated in this section. It is unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

123.15 LOITERING, EXTERIOR LIGHTING, VISIBILITY AND MONITORING REQUIREMENTS.

It is the duty of the operator of an adult oriented business to:
- A. Post conspicuous signs stating that no loitering is permitted on such property;
- B. Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every ninety (90) minutes or inspecting such property by use of video cameras and monitors; and
- C. Provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator’s station.
No adult oriented business shall erect a fence, wall, or other barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.
It is unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

123.16 PENALTIES AND ENFORCEMENT. 1. A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be in violation of this Code of Ordinances. Each day a violation is committed, or permitted to continue, shall constitute a separate offense. 2. The City’s legal counsel is hereby authorized to institute civil proceedings necessary for the enforcement of this chapter to prosecute, restrain, or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the City, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this chapter, or any of the laws or ordinances in force in the City or to exempt anyone violating this chapter or any part of the said laws from any penalty which may be incurred.

123.17 APPLICABILITY TO EXISTING BUSINESSES. All existing adult oriented businesses are hereby granted a de facto temporary license to continue operation for a period of one hundred eighty (180) days following the effective date of this chapter†. By the end of said one hundred eighty days, all adult oriented businesses must conform to and abide by the requirements of this chapter.

123.18 PROHIBITED ACTIVITIES. It is unlawful for an adult oriented business to knowingly violate, or to knowingly allow an employee or any other person to violate, the following regulations.

It is a violation of this chapter for a patron, employee, or any other person to knowingly or intentionally, in an adult oriented business, appear in a state of nudity, regardless of whether such public nudity is expressive in nature.
It is a violation of this chapter for a person to knowingly or intentionally, in an adult oriented business, appear in a semi-nude condition unless the person is an employee. It is a violation of this chapter for an employee to touch any specified anatomical area of a patron or for a patron to touch any specified anatomical area of an employee or for an employee and a patron to engage in any specified sexual activities on the adult oriented business premises.
It is a violation of this chapter for any employee who regularly appears semi-nude in an adult oriented business to knowingly or intentionally touch a customer or the clothing of a customer on the premises of an adult oriented business.
It is a violation of this chapter for any person to possess or consume any alcoholic beverage, beer or wine on the premises of an adult oriented business and for the operator of such business to knowingly permit such possession or consumption.
A sign, in a form to be prescribed by the City Administrator and summarizing the provisions of subsections 1, 2 and 3 of this section, shall be posted near the entrance of the adult oriented business in such a manner as to be clearly visible to patrons upon entry.

123.19 SCIENTER REQUIRED TO PROVE VIOLATION OR BUSINESS LICENSEE LIABILITY. This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee’s license shall be imputed to the adult oriented business licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.

123.20 FAILURE OF CITY TO MEET DEADLINE. In the event that a City official is required to take an action or do a thing pursuant to this chapter within a prescribed time, and fails to take such action or do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the action required of the City official under this chapter, and not completed in the time prescribed, includes approval of condition(s) necessary for approval by the City of an applicant’s or licensee’s application for an adult oriented business license, the license shall be deemed granted and the business or employee allowed to commence operations or employment the day after the deadline for the City’s action has passed.

123.21 RESTRICTIONS ON LOCATION. An adult oriented business shall be permitted only as a conditional use in a B-2 Commercial District provided that it is not operated within 300 feet of:

A church, mosque, synagogue or other place of religious worship;
A public or private elementary or secondary school;
A public park;
The boundary of a residential district, or;
A licensed day care center.

For purposes of this section, measurement shall be in a straight line without regard for intervening structures or objects from the nearest edge of the property line on which the business is located to the nearest edge of the property line or boundary line of the use identified in 1 through 5 above.

Chapter 123

CHAPTER 123

ADULT ORIENTED BUSINESSES