Adult-Oriented Business

ORDINANCE RE:  ADULT-ORIENTED BUSINESS

BE IT HEREBY ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL TOWN MEETING DULY ASSEMBLED THAT THE FOLLOWING ORDINANCE BE ESTABLISHED BY THE TOWN OF STONINGTON:

        ADULT-ORIENTED BUSINESS

Section I.      Short Title.

This Chapter shall be known as the "Adult-Oriented Business Ordinance for the Town of Stonington".

Section II.     Policy Statement.

The Town Meeting of the Town of Stonington, Connecticut finds:

A.  Adult-oriented establishments located in the Town of Stonington require special supervision from the Town's public safety and zoning enforcement 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 Town's citizens.

B.  Statistics and studies performed by a substantial number of cities and towns in the United States indicate that:

1.  large numbers of persons, primarily male, frequent such adult-oriented establishments, especially those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called adult motion pictures and/or video tapes and/or live entertainment; and

2.   persons under the age of eighteen may be attracted to adult-oriented establishments and seek to enter or loiter about them without the knowledge or permission of their parents and guardians; and

3.  closed booths, cubicles, studios and rooms within adult-oriented establishments have been used by patrons, clients or customers of such adult-oriented establishments for the purpose of engaging in certain sexual acts; and

4.  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, studios and rooms; and

5.  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, 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

6.  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.

C.  The continued unregulated operation of adult-oriented establishments including, without limitation, those specifically cited at Paragraph 1 hereof, is and would be detrimental to the general welfare, health and safety of the citizens of Stonington.

D.  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.

E.  It is not the intent of the Town Meeting, in enacting this Ordinance, to deny any person rights to speech protected by the United States and/or State Constitutions, nor is it the intent of the Town Meeting 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 Ordinance, the Town Meeting 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 Sates 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.

Section III.    Definitions.

For the purpose of this Ordinance, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:

A. "Adult bookstore" means an establishment having any 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 "specified sexual activities" or "specified anatomical areas."  This definition shall not apply to any establishment in which such materials are concealed so as not to permit the observation of "specified sexual activities" or "specified anatomical areas" by the general public.

B. "Adult amusement machine" includes any amusement machine that is 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.

C. "Adult entertainment" means any exhibition of any motion pictures, videotapes, live performances, displays or dances of any type, which has as a significant or substantial portion of such performances any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas."

D. "Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty (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" for observation by patrons therein.

E. "Adult motion picture theater" means an enclosed building with a capacity of fifty (50) or more 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.

F. "Adult-oriented establishment" shall include, without limitation, "adult bookstores", "adult motion picture theaters", "adult mini-motion picture theaters", and commercial establishments containing one or more "adult amusement machines:  "Adult-oriented establishment" 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 purpose of viewing adult entertainment when such establishment is operated or maintained for a profit, direct or indirect.

G. "Amusement machine" includes any machine which upon the payment of a charge or upon the insertion of a coin, slug, token, plate or disk, may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score and whether or not electronically operated.

H. "Employee" means 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 establishment.

I. "Entertainer" means any person who provides 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.

J. "Inspector" means an employee of the Director of Public Health, the Zoning Enforcement Officer, the Building Inspector, any officer of the Police Department, the Fire Marshal, and any person to whom any of those officials or the Board of Selectmen may delegate the duty to perform functions under this Ordinance.

K. "Minor" shall be deemed to refer to a person under the age of eighteen (18) years.

L. "Operator" means any person, partnership or corporation operating, conducting or maintaining an adult oriented establishment.

M. "Specified anatomical areas" means:

1.  Less than completely and opaquely covered:

a       human genitals and pubic region;

b.      buttocks;

c.      female breasts below a point immediately above the top of the areola; and

2.      Human male genitals in a discernibly turgid state, even if completely opaquely covered.

N. "Specified sexual activities" means:

1.      Human genitals in a state of sexual stimulation or arousal;

2.      Acts of human masturbation, sexual intercourse or sodomy; Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

O.  "Sexual anatomical acts" and "specified sexual activities" as used in this Ordinance do not include materials depicted in any medical publications or films, in any bona fide educational publications or films, any art or photography publications which devote at least twenty-five percent (25%) of the lineage of each issue to articles and advertisements dealing with subjects of art or photography, in any news periodical which reports or describes current events and which, from time to time publishes photographs of nude or semi-nude persons in connection with the dissemination of the news, or in publications or films which describe and report different cultures which, from time to time, publish or show photographs or depiction’s of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.

P. "Town Meeting" means the Town Meeting of the Town of Stonington, Connecticut.

Section IV.     Operating Requirement.

A.  No operator or employee of an adult-oriented establishment shall allow or permit any minor to enter into such establishment or to loiter upon the grounds and parking lot of      such establishment.

B.  Each adult-oriented establishment shall display prominently a sign in the dimensions  of twenty-four inches by twenty-four inches outside each entrance bearing the words        "Adult-Oriented Establishment - Persons Under 18 Not Admitted" in white letters             against a red background.

C.  No adult-oriented establishment shall be conducted in such a manner that permits the observation of any material depicting specified sexual activities or specified anatomical areas from the outside of the building that houses the adult-oriented establishment.

D. Every adult-oriented establishment doing business in the Town on and after the effective date of this Ordinance 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 of 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.  After the effective date of this Ordinance, it shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented establishments for the purpose of viewing adult entertainment.

E.  On and after the effective date of this Ordinance, the 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 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 (1.0) foot candle as measured at the floor level. It shall be the duty of the operator and its agents to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

F.  Every act or omission by an employee constituting a violation of the provisions of this Ordinance shall be deemed the act or omission of the operator if 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.

G.  An 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 Ordinance 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 Ordinance.

H.  All adult-oriented establishments shall be open to inspection at all reasonable times by Inspectors or such other persons as the Town Meeting may designate.

I.   No adult-oriented establishment shall be permitted on a site that is less than five hundred (500) feet from an area zoned residential. The 500 feet shall be the straight horizontal distance from any boundary line of a parcel of land upon which a building housing an adult-oriented establishment to any boundary of a zoning district that is zoned for proposed or existing residential use.

J.  No adult-oriented establishment shall be permitted on a site that is less than five hundred (500) feet from an existing adult-oriented establishment.  The five hundred (500) feet shall be the straight horizontal distance from any boundary line of a parcel of land upon which a building housing an adult-oriented establishment exists to any other proposed building housing an adult-oriented establishment.

K. No adult-oriented establishment shall be permitted on a site that is less than one thousand (1,000) feet from a public park, preexisting school, including a licensed daycare (whether public or private) or place of worship meaning to include parish houses and convents.  The one thousand (1,000)  feet shall be the straight horizontal distance from any boundary line of a parcel of land upon which the proposed building housing an adult-oriented establishment to any boundary line of a parcel of land used as a public park or upon which a building housing a school or place of worship as defined herein exists.

L. The provisions of Sections IV-I, IV-J and IV-K shall not be deemed to prohibit any use preexisting the enactment of this Ordinance.  Any preexisting use which shall be discontinued for a period of thirty (30) days shall thereafter conform to Sections IV-I, IV-J and IV-K.

Section V.      Application for License.

A.  Any person, partnership or corporation desiring to secure a license shall make application to the Town Clerk.  The application shall be filed in triplicate with and dated by the Town Clerk.  A copy of the application shall be distributed promptly by the Town Clerk to the Stonington Police Department and to the applicant.

B.  The application for a license shall be upon a form provided by the Town Clerk.  An applicant for a license, which shall include all partners or limited partners of a partnership applicant, and all officers or directors of a corporate applicant and all stockholders holding more than five percent (5%) of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:

1.      Name and address, including all aliases.

2.      Written proof that the individual is at least eighteen (18) years of age.

3.      All residential addresses of the applicant for the past ten (10) years.

4.      The applicant's height, weight, color of eyes and hair.

5.      The business, occupation or employment of the applicant for ten (10) years immediately preceding the date of application.

6.      Whether the applicant previously operated in this or any other county, town, city or state under an adult-oriented establishment license or similar business license, whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.

7.      All criminal statutes, whether federal or state, or town ordinance violation convictions, forfeiture of bond and pleading of nolo contendere on all charges, except minor traffic violations.

8.      Fingerprints and two (2) portrait photographs at least two (2) inches by two (2) inches of the applicant.

9.      The address of the adult-oriented establishment to be operated by the applicant.

10.     If the applicant is a corporation, the applicant shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than five percent (5%) of the stock in said corporation and all officers and directors of the corporation.

C.  Within seventy five (75) days of receiving an application for a license the Town Clerk shall notify the applicant whether the application is granted or denied.

The Town Clerk shall grant the application upon a favorable recommendation from the police department and upon the following circumstances:

1.      The required fees have been paid.

2.      The application conforms in all respects to the provisions of this Ordinance.

3.      The applicant has not made a material misrepresentation of fact in the application.

4.      That neither the applicant if an individual, nor any person financially interested if a corporation, or any of the partners including limited partners, nor the holder of any profit interest, nor the manager or other person principally in charge of the operation of the proposed business has been convicted of, pleaded nolo contendere, or guilty to any felony or to a misdemeanor involving moral turpitude.

5.      The applicant has not had a license similar to the one issued pursuant to the provisions of this ordinance issued by another local authority suspended or revoked for cause within the five (5) year period immediately preceding the date of the filing of the application.

6.      The proposed business complies with all applicable laws of the Town of Stonington Planning and Zoning Commission.

7.      The applicant, manager or other person principally in charge of the operation of the business is at least eighteen (18) years of age.

The Town Clerk shall deny the application if all of the requirements set forth in paragraphs 1-7 above have not been met.

D.  Whenever an application is denied, the Town Clerk shall advise the applicant in writing of the reasons for such action.  If the applicant requests a hearing within ten (10) days of receipt of notification of denial, a public hearing shall be held within ten (10) days thereafter before the Board of Selectmen, as hereinafter provided.

E.  Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or his or her refusal to submit to or cooperate with any investigation required by this Ordinance shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the Town Clerk.

Section VI.     Standards for Issuance of License.

A.  To receive a license to operate an adult-oriented establishment, an applicant

must meet the following standards:

1.      If the applicant is an individual:

a.  The applicant shall be at least eighteen (18) years of age.

b.  The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five (5) years immediately preceding the date of the application.

c.  The applicant shall not have been found to have previously violated this Ordinance within five (5) years immediately preceding the date of the application.

2.      If the applicant is a corporation:

a.  All officers, directors and stockholders required to be named under Section V-B shall be at least eighteen (18) years of age.

b.  No officer, director or stockholder required to be named under Section V-B shall have been convicted of or pleaded nolo contendere to a felony or crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five (5) years immediately preceding the date of the application.

c.  No officer, director or stockholder required to be named under Section V-B shall have been found to have previously violated this Ordinance within five (5) years immediately preceding the date of the application.

3.      If the applicant is a partnership, joint venture, or any other type of organization where two (2) or more persons have a financial interest:

a.  All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least eighteen (18) years of age.

b.  No persons having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five (5) years immediately preceding the date of the application.

c.  No person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this Ordinance within five (5) years immediately preceding the date of the application.

B.  No license shall be issued unless the Stonington Police Department has investigated the applicants qualifications to be licensed.  The results of that investigation shall be filed in writing with the Town Clerk no later than sixty (60) days after the date of the application.

Section VII.    Fees.

A.  A license fee of Two Hundred Fifty and 00/100 Dollars ($250.00) shall be submitted with the completed application for a license.  If the application is denied, one half of the fee shall be returned.

Section VIII.  Renewal of License of Permit.

A.  Every license issued pursuant to this Ordinance will terminate at the expiration of one (1) year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year.  Any operator desiring to renew a license shall make application to the Town Clerk.  The application of renewal must be filed not later than sixty (60) days before the license expires.  The application for renewal shall be filed in triplicate with and dated by the Town Clerk.  A copy of the application for renewal shall be distributed promptly by the Town Clerk to the Stonington Police Department and to the operator.  The application of renewal shall be upon a form provided by the Town Clerk and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.

B.  A license renewal fee of Two Hundred Fifty and 00/100 Dollars ($250.00) shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of One Hundred and 00/100 Dollars ($100.00) shall be assessed against the applicant who files for a renewal less than sixty (60) days before the license expires.  If the application is denied, on half of the total fees collected shall be returned.

C.  If the Stonington Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the Town Clerk.

Section IX.     Revocation of License.

A.  The Board of Selectmen shall revoke a license or permit for any of the following reasons:

1.  Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.

2.  The operator or any employee of the operator violates any provision of this Ordinance or any rule or regulation adopted by the Board of Selectmen pursuant to this Ordinance; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the Board shall find the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

3.  The operator becomes ineligible to obtain a license or permit.

4.  Any cost or fee required to be paid by this Ordinance is not paid.

5.  Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult-oriented establishment.

B.  The Board of Selectmen, before revoking or suspending any license or permit shall give the operator at least ten (10) days written notice of the charges against him, and the opportunity for a public hearing before the Board, as hereinafter provided.

C.  The transfer of a license or any interest in a license shall automatically and immediately revoke the license.

D.  Any operator whose license is revoked shall not be eligible to receive a license for one (1) year from the date of revocation.  No location or premises for which a license has been issued shall be used as an adult-oriented establishment for six (6) months from the date of revocation of the license.

E.  The Board of Selectmen shall give Notice to the Town Clerk of any revocations or suspensions.

Section X.      Enforcement.

        

The Department of Police Services shall be responsible for the enforcement of any prohibited activity covered by this ordinance.  When it has been determined by the police department that a violation has occurred it shall give notice to the operator to cease any such activity.

Section XI.     Penalty for violation.

        

Any establishment in violation of any of the provisions of this ordinance shall be fined in an amount not to exceed one hundred ($100.00) dollars.  Each day on which a violation occurs or continues after the time for correction of the violation given in any order has elapsed shall be considered a separate violation of this ordinance.

Section XII.   Severability.

        

If any provision of this ordinance shall be held invalid, such invalidity shall not affect any other provisions of this ordinance that can be given affect without the involved provision and for this purpose the provisions of this ordinance are hereby declared severable.

This Ordinance shall become effective fifteen (15) days after a synopsis of this Ordinance has been published in a newspaper having a circulation in the Town.

Adopted   November 28, 1994

Effective  December 21, 1994

Amended  May 3, 1999  Section IV I,J,K added X,XI,XII

Effective May 21, 1999