ARTICLE XX. - SEXUALLY ORIENTED BUSINESSES
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 8-551. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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 are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store mean a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: (1)
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: (1)
Persons who appear in a state of nudity;
(2)
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3)
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motel means a hotel, motel or similar commercial establishment which: (1)
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities of specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2)
Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Establishment means and includes any of the following: (1)
The opening or commencement of any sexually oriented business as a new business;
(2)
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3)
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4)
The relocation of any sexually oriented business.
Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Nudity or state of nudity means: (1)
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2)
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breasts.
Residential district means all zoning districts designated as R-1, R-2, R-3, R-4, R-5, R-6 in section 19-96.
Residential and related uses means uses listed in section 19-98 as residential and related uses.
Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (1)
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2)
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
Specified anatomical areas means human genitals in a state of sexual arousal.
Specified sexual activities means and includes any of the following: (1)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on April 18, 1995.
Transfer of ownership or control of a sexually oriented business means and includes any of the following: (1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Rev. Ords. 1987, § 8-430)
Cross reference— Definitions generally, § 1-2.
Sec. 8-552. - Classification.#
Sexually oriented businesses are classified as follows: (1)
Adult arcades;
(2)
Adult bookstores or adult video stores;
(3)
Adult cabarets;
(4)
Adult motels;
(5)
Adult motion picture theaters;
(6)
Adult theaters;
(7)
Escort agencies;
(8)
Nude model studios; and
(9)
Sexual encounter centers.
(Rev. Ords. 1987, § 8-431)
Sec. 8-553. - License required.#
(a)
A person commits an offense if that person operates a sexually oriented business without a valid license, issued by the city for the particular type of business.
(b)
An application for a license must be made on a form provided by the city clerk and must be accompanied by 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 must 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 inches. Applicants who must comply with section 8-565 of this chapter shall submit a diagram meeting the requirements of section 8-565.
(c)
The application shall require the following information:
(1)
The name, residence address, home telephone number, date and place of birth, and social security number of the applicant;
(2)
The business name, address and telephone number of the establishment;
(3)
The names, residence addresses, residence telephone numbers, social security numbers and dates of births of any partners, corporate officers and directors;
(4)
Addresses of the applicant for the five years immediately prior to the date of application;
(5)
A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation;
(6)
A description of the business, occupation, or employment of the applicant for the three years immediately preceding the date of application;
(7)
Authorization for the city, its agents and employees to see information to confirm any statements set forth in the application;
(8)
A failure to provide information required by this subsection will constitute an incomplete application and will not be processed.
(9)
The information provided pursuant to subsections (c)(1) through (8) of this section shall be supplemented in writing by certified mail, return receipt requested, to the city clerk within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(d)
The applicant must be qualified according to the provisions of this article.
(e)
If a person who wishes to operate a sexually oriented business is an individual, that person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 8-554, and each applicant shall be considered a licensee if a license is granted.
(f)
The fact that a person possesses a valid dance and entertainment license does not exempt that person from the requirement of obtaining a sexually oriented business license.
(g)
The application shall be signed under oath by the applicant and notarized.
(Rev. Ords. 1987, § 8-432)
Sec. 8-554. - Issuance of license.#
(a)
The city council shall approve the issuance of a license by the city clerk to an applicant after a public hearing before the city council unless the city council finds one or more of the following to be true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business.
(3)
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.
(4)
An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5)
The license fee required by this chapter has not been paid.
(6)
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7)
An applicant or the proposed establishment is in violation of or is not in compliance with sections 8-556, 8-559, 8-560, 8-561, 8-562, 8-563, 8-564, 8-565, or 8-566.
(8)
An applicant or an applicant's spouse has been convicted of a crime:
a.
Involving any violation of G.L. 1956, §§ 11-9-1 et seq., 11-10-1, 11-31-1 et seq., 11-34-1 et seq., 11-37-1 et seq. and 11-45-1(a)(7).
b.
For which:
1.
Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2.
Less than ten years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3.
Less than ten years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(b)
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(c)
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8)a of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)b of this section has elapsed.
(d)
The premises to be used for the sexually oriented business have not been approved by the state health department, city fire department and building official as being in compliance with applicable law and ordinances.
(e)
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 sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(Rev. Ords. 1987, § 8-433)
Sec. 8-555. - Fees.#
The annual fee for a sexually oriented business license is $2,000.00. The annual fee for an adult arcade machine is $700.00 per machine.
(Rev. Ords. 1987, § 8-434)
Sec. 8-556. - Inspection.#
(a)
An applicant or licensee shall permit representatives of the police department, health department, fire department, and public works department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(b)
A person who operates a sexually oriented business or his agent or employee commits an offense if that person refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
(c)
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.
(Rev. Ords. 1987, § 8-435)
Sec. 8-557. - Expiration of license.#
Each license shall expire on November 30 of each year. Application for renewal should be made at least 30 days before the expiration date.
(Rev. Ords. 1987, § 8-436)
Sec. 8-558. - Suspension and revocation.#
(a)
The city council shall suspend or revoke a license if it is determined that a licensee or an employee of a licensee has:
(1)
Violated or is not in compliance with sections 8-556, 8-559, 8-560, 8-561, 8-562, 8-563, 8-564, 8-565, or 8-566;
(2)
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3)
Refused to allow an inspection of the sexually oriented business premises as authorized by this article;
(4)
Knowingly permitted gambling by any person on the sexually oriented business premises;
(5)
Demonstrated an inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers;
(6)
Given false or misleading information in the material submitted to the city clerk during the application process;
(7)
Knowingly allowed possession, use, or sale of controlled substances on the premises;
(8)
Knowingly allowed prostitution on the premises;
(9)
Knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(10)
Has been convicted of an offense listed in subsection 8-554(a)(8)a for which the time period required in subsection 8-554(a)(8)b has not elapsed;
(11)
On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in subsection 8-554(a)(8)a for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(12)
Has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises;
(13)
Is delinquent in payment of city taxes or fees.
(b)
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(c)
Subsection (a)(12) of this section does not apply to an adult motel as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(Rev. Ords. 1987, § 8-437)
Sec. 8-559. - Transfer of license.#
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Rev. Ords. 1987, § 8-438)
Sec. 8-560. - Location of sexually oriented businesses.#
(a)
No sexually oriented business may be located within 750 feet of:
(1)
A church;
(2)
A public or private elementary or secondary school;
(3)
A boundary of a residential district or residential or related use as defined in this article;
(4)
A public park;
(5)
A hospital.
(b)
A person commits an offense if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(c)
Person commits an offense if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof contained another sexually oriented business.
(d)
For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, or hospital or to the nearest boundary of an affected public park, residential district, historic district, or residential lot.
(e)
For the purpose of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(Rev. Ords. 1987, § 8-439)
Sec. 8-561. - Escort agencies.#
(a)
An escort agency shall not employ any person under the age of 18 years.
(b)
A person commits an offense if that person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(Rev. Ords. 1987, § 8-440)
Sec. 8-562. - Nude model studios.#
(a)
A nude model studio shall not employ any person under the age of 18 years.
(b)
A person under the age of 18 years commits an offense if that person appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c)
A person commits an offense if that person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(d)
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Rev. Ords. 1987, § 8-441)
Sec. 8-563. - Adult theaters and adult motion picture theaters.#
(a)
A person commits an offense if that person knowingly allows persons under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(b)
A person under the age of 18 years commits an offense if that person knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c)
It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(Rev. Ords. 1987, § 8-442)
Sec. 8-564. - Adult motels.#
(a)
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(b)
A person commits an offense if as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, that person rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, that person rents or subrents the same sleeping room again.
(c)
For purposes of subsection (b) of this section, the terms rent or subrent mean the act of permitting a room to be occupied for any form of consideration.
(Rev. Ords. 1987, § 8-443)
Sec. 8-565. - Exhibition of sexually explicit films or videos.#
(a)
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit 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 should be oriented to the north or to some designated street or object and should be drawn to a designed 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 clerk 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.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or his designee.
(4)
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's 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 manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and 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 subsection (a)(1) of this section.
(7)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
(8)
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
(b)
A person having a duty under subsections (a)(1) through (8) of this section commits an offense if that person knowingly fails to fulfill that duty.
(Rev. Ords. 1987, § 8-444)
Sec. 8-566. - Display of sexually explicit material to minors.#
(a)
A person commits an offense if in a business establishment open to persons under the age of 17 years, a person displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arose sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1)
Human sexual intercourse, masturbation, or sodomy;
(2)
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3)
Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or
(4)
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b)
In this section display means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1)
It is available to the general public for handling and inspection; or
(2)
The cover or outside packaging on the item is visible to members of the general public.
(Rev. Ords. 1987, § 8-445)
Sec. 8-567. - Enforcement.#
(a)
Except as provided by subsection (b), any person violating section 8-560 of this article, upon conviction is punishable by a fine not to exceed $500.00.
(b)
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 8-560 of this article is punishable by a $500.00 fine and/or 30 days in jail.
(c)
Except as provided by subsection (b) of this section, any person violating a provision of this article other than section 8-560, upon conviction, is punishable by a fine not to exceed $500.00.
(d)
It is a defense to prosecution under subsection 8-553(a), subsection 8-560(b), or subsection 8-562(d) that a person appearing in a state of nudity did so in a modeling class operated by a proprietary school licensed by the state, or an accredited college, junior college or university; or in a structure:
(1)
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(2)
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises at any one time.
(e)
It is a defense to prosecution under subsection 8-553(a) or subsection 8-560(b) that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.
(Rev. Ords. 1987, § 8-446)
Sec. 8-568. - Injunction.#
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 8-560 is subject to a suit for injunction as well as prosecution for criminal violations.
(Rev. Ords. 1987, § 8-447)