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--- (2) --- State Law reference— Obscene and objectionable publications and shows, G.L. 1956, § 11-31-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 6-31. - 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 cabaret means an establishment that regularly or occasionally features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Specified anatomical areas means and includes any of the following: (1)
Less than completely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae;
(2)
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
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 as noted in this definition.
(Ord. of 11-2-92, § 3)
Cross reference— Definitions generally, § 1-2.
Sec. 6-32. - Serving, selling, consumption or possession of alcoholic beverages.#
Alcoholic beverages as defined as a beverage in G.L. 1956, § 3-1-1, shall not be served, sold or permitted to be consumed or in any person's possession on the premises of any adult cabaret or any adult entertainment establishment.
Secs. 6-33—6-55. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 6-56. - Required.#
No person shall publicly, or for pay, or for any profit or advantage to himself, exhibit or promote any erotic performance, adult cabaret, erotic exhibition show, x-rated or adult film show, erotic activity, or any other form of erotic dancing, or other adult or erotic show regarding specified anatomical areas or engage in or promote such activity without first obtaining a license from the town council.
(Ord. of 11-2-92, § 4)
Sec. 6-57. - Conditions to be met.#
In consideration of the application for a license, the town council shall specifically require that the following conditions be met: (1)
The applicant has access to sufficient off-street, privately-owned parking for use by patrons. For purposes of determination of sufficiency, one parking space shall be provided for each two patrons. The total number of patrons is to be determined by utilizing the rated capacity of the establishment as determined by the fire marshal.
(2)
The premises, which is the subject of the application, is located a minimum of 5,000 feet from the nearest residential structure, house of worship or public or nonpublic school.
(3)
The premises has in service full ventilation/air conditioning systems for purposes of noise control.
(4)
There shall be no sexually explicit signage located on the premises.
(5)
At the request of the town council there be sufficient off-duty police officers and/or firefighters utilized to ensure the public health, safety and welfare.
(6)
The activity which is the subject of the application shall not be conducted before 5:00 p.m. and not later than 1:00 a.m. on any given day.
(7)
Any other restrictions deemed appropriate by the town council that will ensure the health, safety and welfare of the public.
(Ord. of 11-2-92, § 5)
Sec. 6-58. - Term.#
An application for a license issued under this article shall be on a form provided by the town clerk. Any such license issued by the town council may be valid for one day, or for any period of time not exceeding one year. Licenses issued on an annual basis shall expire on December 31 of each year.
(Ord. of 11-2-92, § 6)
Sec. 6-59. - Fees.#
The fees charged to operate any activity regulated under this article shall be $1,000.00 per night.
(Ord. of 11-2-92, § 7)
Sec. 6-60. - Denial; nonrenewal; revocation.#
(a)
The town council may deny an application for a new license, refuse to renew an existing license or revoke an existing license to the owner, lessee or operator, of any place at which an activity provided for in this article is conducted, if such place presents a danger to the public health, safety or welfare, or any part thereof is obscene as defined in G.L. 1956, § 11-31-1.
(b)
No license shall be issued to a person who is not of good moral character, nor to a corporation or organization which is not represented by a person of good moral character.
(Ord. of 11-2-92, § 8)