CHAPTER 4: - SEXUALLY ORIENTED BUSINESSES

Part of the Code of Ordinances of Honeyville, UT.

Local law · Updated June 3, 2026 · 710 sections

The text

3-4-1: - Purpose and findings#

Purpose: The purpose of this chapter is to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually 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 not 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 incorporated in the cases of 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); California v. LaRue, 409 U.S. 109 (1972); O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Dodger's Bar & Grill, Inc. v. Johnson County, 98 F.3d 1262 (10th Cir. 1996); Connection Distrib. Co. v. Reno, 154 F.3d 281 (6th Cir. 1998); Sundance Assocs. v. Reno, 139 F.3d 804 (10th Cir. 1998); American Library Association v. Reno, 33 F.3d 78 (D.C. Cir. 1994); Dodger's Bar & Grill, Inc. v. Johnson County, 32 F.3d 1436 (10th Cir. 1994); American Target Advertising, Inc. v. Giani, 199 F.3d 1241; MS News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983); Cortese v. Black, No. 95-1429, 1996 U.S. App. LEXIS 15311 (10th Cir., June 25, 1996); Salt Lake City v. Wood, 1999 Utah App. 323, 991 P.2d 595 (Utah Ct. App. 1999); United States v. Freedberg, 724 F.Supp. 851 (D. Utah 1989); and other cases; and on testimony to Congress in 136 Cong. Rec. S 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S 5636; 134 Cong. Rec. E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1984; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Utahpolis, Utah; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio; and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Strip Clubs According To Strippers: Exposing Workplace Sexual Violence" by Kelly Holsopple, program director, Freedom and Justice Center For Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View" by David Sherman, presented to the Michigan house committee on ethics and constitutional law, January 12, 2000, and the report of the attorney general's working group on the regulation of sexually oriented businesses (June 6, 1989, state of Minnesota), the city council finds:

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the unlicensed operators of the establishments.

Certain employees of unregulated "sexually oriented businesses" defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

Sexual acts, including masturbation, and oral and anal sex, occur at unregulated sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows.

Offering and providing such unregulated space encourages such activities, which creates unhealthy conditions.

Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses, or for the purpose of purchasing or selling illicit drugs.

Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV- AIDS), genital herpes, hepatitis, salmonella, campylobacter and shigella infections, chlamydia, mycoplasmal and ureoplasmal infections, trichomoniasis and chancroid.

According to research from the Kaiser Family Foundation, an estimated one million one hundred thousand (1,100,000) (1.1 million) Americans are infected with HIV. The number of new HIV infections occurring each year is now about fifty thousand (50,000). Men and women of all races are likely to be infected by sexual contact.

Relevant statistics revealed that a total of one thousand six hundred seventy-two (1,672) AIDS cases had been reported in Utah as of January 1, 1999. Utah has required HIV case reporting since 1989, and shows two thousand three hundred thirty eight (2,338) people currently living with HIV or AIDS in the state.

The Centers for Disease Control and Prevention estimate that as many as twenty-one percent (21%) of people with HIV do not know they are infected.

10.

The number of cases of primary and secondary syphilis in the United States reported annually has risen, with seven thousand nine hundred eighty (7,980) cases reported in 2004 and eleven thousand one hundred eighty-one (11,181) through 2007.

11.

The number of cases of gonorrhea in the United States reported annually remains at a high level, with three hundred fifty thousand (350,000) cases being reported in 2007.

12.

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

13.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g., findings of U.S. department of health and human services.

14.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

15.

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

16.

The findings noted in subsections B,1 through B,15 of this section raise substantial governmental concerns.

17.

Sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns.

18.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

19.

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

20.

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

21.

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and will prevent the further secondary effects of dissemination of illegal obscenity, child pornography, and materials harmful to minors.

22.

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.

23.

The fact that an applicant for an adult use has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.

24.

The barring of such individuals from employment in sexually oriented businesses for a specified period of years serves to prevent distribution of illegal material, to prevent conduct which leads to the transmission of sexually transmitted diseases, and to preclude the establishment of criminal enterprises within the city.

25.

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-2: - Definitions#

For purposes of this chapter, the words and phrases defined in this section shall have the meanings herein respectively ascribed to them unless a different meaning is clearly indicated by the context:

ADULT ARCADE: 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 regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE: A commercial establishment which has significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following: A.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact 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;

Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

ADULT CABARET: A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: A.

Persons who appear seminude;

Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL: A motel, hotel or similar commercial establishment which: A.

Offers public accommodations, for any form of consideration, and which regularly provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description 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; and/or

Offers a sleeping room for rent for a period of time less than ten (10) hours.

ADULT MOTION PICTURE THEATER: A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are 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.

ADULT THEATER: Theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of seminudity or live performances which are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

CONTROLLING INTEREST: The power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote twenty percent (20%) or more of any class of voting securities of a business. The ownership, control or power to vote twenty percent (20%) or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an 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 a sexually 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.

ESTABLISH OR ESTABLISHMENT: Means and includes any of the following: A.

The opening or commencement of any sexually oriented business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

The addition of any sexually oriented business to any other existing sexually oriented business; or the relocation of any sexually oriented business.

HEARING OFFICER: The board of appeals of Honeyville City.

LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an "employee", it shall mean the person in whose name the sexually oriented business employee license has been issued.

OPERATE OR CAUSE TO BE OPERATED: To cause to function or to put or keep in a state of doing business.

OPERATOR: Any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. 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.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

REGULARLY FEATURES OR REGULARLY SHOWN: A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

SEMINUDE MODEL STUDIO: Any place where a person, who regularly appears in a state of seminudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. A.

It is a defense to prosecution for any violation of this chapter that a person appearing in a state of seminudity did so in a modeling class operated:

By a college, junior college or university supported entirely or partly by taxation;

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

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and

Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

SEMINUDE OR STATE OF SEMINUDITY: A state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and the female breast below a horizontal line across the top of the areola, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel; provided, that the areola is not exposed in whole or in part.

SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment outcall service in the form of seminude dancing or exhibition, adult motion picture theater, adult theater, seminude model studio, or sexual encounter establishment.

SEXUALLY ORIENTED ENTERTAINMENT ACTIVITY: The sale, rental or exhibition for any form of consideration, of books, films, videocassettes, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.

SPECIFIED ANATOMICAL AREAS: Human genitals, anus, cleft of the buttocks, or the female breast.

SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses: A.

Prostitution or promotion of prostitution; dissemination of obscenity or illegal pornography; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; lewdness; sexual battery; rape; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving the same elements from any jurisdiction regardless of the exact title of the offense; for which:

Less than two (2) 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;

Less than five (5) 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

Less than five (5) 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 (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

SPECIFIED SEXUAL ACTIVITY: Any of the following: A.

Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or

Excretory functions as a part of or in connection with any of the activities described in subsection A of this definition.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Any of the following: A.

The sale, lease or sublease of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

VIEWING ROOM: The room, booth or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette or other video reproduction.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-3: - Classifications of businesses#

Sexually oriented businesses shall be classified as follows: A.

Adult arcades;

Adult bookstores, adult novelty stores, adult video stores;

Adult cabarets;

Adult motels;

Adult motion picture theaters;

Adult theaters; and

Seminude model studios.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-4: - License required#

Sexually Oriented Business License Required: It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license.

Employee License Required: It shall be unlawful for any person to be an "employee", as defined in this chapter, of a sexually oriented business in the city without a valid sexually oriented business employee license.

Application: An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person, at the business license division, a completed application made on a form provided by the city. The application shall be signed by the applicant and be notarized.

Complete Application Requirements: An application shall be considered complete when it contains the information required in this subsection as follows:

The applicant's full true name and any other names used in the preceding five (5) years.

Current business address or another mailing address of the applicant.

Written proof of age, in the form of a copy of a birth certificate or driver's license or other picture identification document issued by a governmental agency.

If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number (if one currently exists) of the proposed sexually oriented business.

If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.

A statement of whether the applicant has been convicted or has pled guilty or nolo contendere to a "specified criminal activity", as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. The statement shall also disclose whether the applicant has had a previous sexually oriented business or sexually oriented business employee license under this chapter or other sexually oriented business ordinances from another city or county denied, suspended or revoked within the past two (2) years, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership, or an officer, director or stockholder with a controlling interest in a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

An application for a sexually oriented business license shall 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 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 inches (6"). Applicants who are required to comply with section 3-4-11 of this chapter shall submit a diagram meeting the requirements of that section.

The information provided pursuant to subsections D,1 through D,7 of this section shall be supplemented in writing by certified mail, return receipt requested, to the city within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

Signature; Qualification: If a person who wishes to operate a sexually oriented business is an individual, he shall 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 officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under section 3-4-5 of this chapter and each applicant shall be considered a licensee if a license is granted.

License Additional: A license or permit required by this chapter is in addition to any other licenses or permits required by the city, county or state to engage in the business or occupation. Persons engaged in the operation of an adult oriented business or in employment in an adult oriented business shall comply with all other applicable local, state and federal laws, ordinances and statutes, including zoning ordinances, as may be required.

Information Confidential: The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the city on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order. The information provided by a sexually oriented business license applicant in connection with the application for a license under this chapter shall be maintained by the city.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-5: - Issuance of license#

Sexually Oriented Business: Upon the filing of a completed application under subsection 3-4-4C of this chapter, for a sexually oriented business license, the management services department 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 the license. Within forty (40) days of the initial filing date of the completed application, the city shall issue a license to the applicant or issue to the applicant a letter of intent to deny the application. The city shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:

An applicant is less than eighteen (18) years of age.

An applicant has failed to provide information as required by section 3-4-4 of this chapter for issuance of a license or has falsely answered a question or request for information on the application form.

The license application fee required by this chapter has not been paid.

An applicant has been convicted of a "specified criminal activity", as defined in this chapter, or has been shown to have committed a violation of subsection 3-4-7A or 3-4-14B of this chapter within the previous year.

In the case of a sexually oriented business license application, the premises is not in compliance with the interior configuration requirements of this chapter.

Business Employee License: Upon the filing of a completed application for a sexually oriented business employee license, the management services department shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. Within forty (40) days of the initial filing date of the receipt of a completed application, the city shall either issue a license or issue a written notice of intent to deny a license to the applicant. The city shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:

The applicant is less than eighteen (18) years of age; or

The applicant is less than twenty-one (21) years of age in establishments where alcohol is served or consumed.

The applicant has failed to provide information as required by section 3-4-4 of this chapter for issuance of a license or has falsely answered a question or request for information on the application form.

The license application fee required by this section has not been paid.

The applicant has been convicted of a "specified criminal activity", as defined in this chapter, or has been shown to have committed a violation of subsection 3-4-7A or 3-4-14B of this chapter within the previous year.

Content of License: The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business 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. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other city official performing functions connected with the enforcement of this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-6: - Fees#

The initial license and annual renewal fees for a sexually oriented business license or a sexually oriented business employee license shall be set by the city council at an amount determined by the city council as sufficient to pay the cost of administering this chapter. In no event shall the fees exceed two hundred dollars ($200.00) for the initial fee of a business and one hundred dollars ($100.00) for annual renewal; and one hundred dollars ($100.00) for the initial employee license and fifty dollars ($50.00) for annual renewal.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-7: - Inspections#

Compliance Required: Sexually oriented business operators and sexually oriented business employees shall permit officers or agents of the city who are performing functions connected with the enforcement of this chapter to inspect the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with this chapter, at any time the sexually oriented business is occupied by patrons or open for business. A licensee's knowing or intentional refusal to permit such an inspection shall constitute a violation of this section.

Exception: 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.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-8: - 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 sections 3-4-4 and 3-4-6, respectively, of this chapter. 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.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-9: - Transferability#

A licensee shall not transfer his or her license to another person or entity, 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 sexually oriented business license application.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-10: - Hours of operation#

No sexually oriented business shall open to do business before ten o'clock (10:00) A.M. or remain open after two o'clock (2:00) A.M. on the following day.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-11: - Exhibition of sexually explicit films or videos#

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 one hundred fifty (150) square feet of floor space, films, videocassettes, or other video reproductions 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 a sexually oriented business license shall contain a diagram of the premises showing the location of all manager'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 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 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 (6"). The city 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.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager's station or viewing room may be made without the prior approval of the city.

It shall be 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 subsection A of this section.

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 one foot-candle as measured at the floor level. It shall be 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.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no criminal sexual activity occurs in or on the licensed premises.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make an attempt to make an opening of any kind between viewing rooms.

It shall be the duty of the operator, or of any employee who discovers two (2) or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.

It shall be the duty of the operator, or of any employee, who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.

It shall be the duty of the operator, at least once each business day, to inspect the walls between viewing rooms for openings of any kind.

It shall be the duty of the operator to post conspicuous signs in well lighted entry areas of the business stating all of the following:

No loitering is permitted in viewing rooms.

The occupancy of viewing rooms is limited to one person.

Sexual activity on the premises is prohibited.

The making of openings between viewing rooms is prohibited.

Violators will be required to leave the premises.

Violations of subsections L,2 through L,4 of this section are unlawful.

It shall be the duty of the operator to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting.

It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in viewing rooms are constructed of or permanently covered by nonporous, easily cleanable material.

It shall be the duty of the operator to ensure that premises are clean and sanitary. Such duty shall be fulfilled if the operator complies with the following cleaning procedures:

The operator shall maintain a regular cleaning schedule of at least two (2) cleanings per day, documented by appropriate logs.

The operator shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least once each week. Prior to collection, solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.

Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.

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 in which patrons are permitted, including the interior of each viewing room, but excluding restrooms, to which any patron is permitted access for any purpose. A manager's station shall not exceed forty (40) square feet of floor area. If the premises has two (2) 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.

It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this subsection 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 shall be unlawful for a person having a duty under this subsection to knowingly fail to fulfill that duty.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-12: - Loitering, exterior lighting and monitoring#

Requirements: It shall be the duty of the operator of a sexually oriented business to: 1) initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented businesses are located; 2) post conspicuous signs stating that no loitering is permitted on such property; 3) 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 4) provide lighting of the exterior premises to provide for visual inspection or provide video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.

Failure to Fulfill Duty: It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-13: - Suspension#

The city shall issue a written letter of intent to suspend a sexually oriented business license for a period not to exceed thirty (30) days if it is determined that the sexually oriented business licensee has knowingly violated this chapter or has knowingly allowed an employee to violate this chapter. The city shall issue a written letter of intent to suspend a sexually oriented employee license if it is determined that the employee has knowingly violated this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-14: - Revocation#

Suspension Within Specified Time: The city shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license if a cause of suspension as provided in section 3-4-13 of this chapter occurs and the license has been suspended within the preceding twelve (12) months.

Evidence of Violations: The city shall issue a letter of intent to revoke a sexually oriented business license or, in the case of an employee, a sexually oriented business employee license, if the officer determines by a preponderance of evidence that:

The licensee has knowingly given false or misleading information in the application for the license.

The sexually oriented business licensee has knowingly allowed possession, use or sale of controlled substances on the premises, or in the case of an employee, the sexually oriented business employee licensee has knowingly engaged in the possession, use or sale of controlled substances on the premises. It shall be a defense to revocation proceedings under this subsection that such possession, use or sale occurred pursuant to a valid medical prescription.

The sexually oriented business licensee has knowingly allowed prostitution on the premises or, in the case of an employee, the sexually oriented business employee licensee has engaged in prostitution on any licensed premises.

The sexually oriented business licensee knowingly operated the sexually oriented business during a period of time when the license was suspended or, in the case of an employee, the sexually oriented business employee licensee has been employed as a sexually oriented business employee at a time when the employee's license was suspended.

The sexually oriented business licensee committed an act in violation of 18 United States Code section 2257, in or on the premises, or in the case of an employee, the sexually oriented business employee licensee committed an act in violation of 18 United States Code section 2257, in or on the premises.

The sexually oriented business licensee has knowingly allowed any specified sexual activity to occur in or on the premises or, in the case of an employee, the sexually oriented business employee licensee has engaged in any specified sexual activity in or on any licensed premises.

Appeal No Effect: The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license.

Applicability of Employee Acts: For the purposes of this section, an act by any employee that constitutes grounds for revocation of that employee's license shall also be imputed to the sexually oriented business for purposes of revocation proceedings if the hearing officer determines by a preponderance of evidence that an officer, director or general partner, or an employee who managed, supervised or controlled, or participated directly in decisions relating to management or control in the operation of the business, knowingly allowed such act to occur on the premises.

Nature of Revocation: When, after the notice and hearing procedure described in section 3-4-15 of this chapter, the hearing officer revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective; provided, that if the conditions of subsection 3-4-15B of this chapter are met, a provisional license will be granted pursuant to that subsection. If, subsequent to a revocation based solely on subsection B,1 of this section, the city finds that the basis for the revocation has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsections B,2 through B,6 of this section, an applicant may not be granted another license until at least one year has elapsed.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-15: - Hearing for denial, suspension or revocation; appeal#

Procedure: If the city determines that facts exist for denial, suspension or revocation of a license under this chapter, the city shall notify the applicant or licensee (respondent) in writing of the city's intent to deny, suspend or revoke the license, including the grounds therefore, by personal delivery, or by certified mail.

The notification shall be directed to the most current business address or other mailing address on file with the city for the respondent. Within ten (10) working days of receipt of such notice, the respondent may provide to the city a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended or revoked.

Within five (5) business days of the receipt of respondent's written response, the city shall notify respondent in writing of the hearing date on respondent's denial, suspension or revocation proceeding. Within ten (10) business days of the receipt of respondent's written response, the hearing officer shall conduct a hearing at which 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's witnesses. The hearing shall take no longer than two (2) business days, unless extended to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written opinion within five (5) business days after the hearing. If a court action challenging the city's decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within ten (10) business days after the issuance of the hearing officer's written opinion.

If a written response from respondent is not received by the city within the time stated in subsection A1 of this section, or if after a hearing, the hearing officer concludes that grounds as specified in this chapter exist for denial, suspension or revocation of the license, then such denial, suspension or revocation shall become final five (5) days after the hearing officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer finds that no grounds exist for denial, suspension or revocation of a license, then within five (5) days after the hearing, the hearing officer shall immediately withdraw the intent to deny, suspend or revoke the license and shall notify the respondent in writing by certified mail of such action. The city shall contemporaneously therewith issue the license to the applicant.

Appeal: An applicant or licensee (aggrieved party) whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction. 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 aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the city's enforcement.

Application During Temporary License or Provisional License: Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses (as provided for in section 3-4-5 of this chapter), provisional licenses (as provided for in subsection B of this section), or de facto temporary licenses (as provided for in section 3-4-16 of this chapter) shall be subject to the provisions of sections 3-4-9 through 3-4-12, 3-4-16, and 3-4-17 of this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009; Amended by Ord. 2025-02 on 7/9/2025)

3-4-16: - Application to existing businesses#

Upon adoption, the provisions of this chapter shall apply to the activities of all sexually oriented businesses and sexually oriented business employees described herein, whether such businesses or activities were established or commenced before, on or after the effective date hereof. All existing sexually oriented businesses and sexually oriented business employees are hereby granted a de facto temporary license to continue operation or employment for a period of ninety (90) days following the effective date hereof. Within said ninety (90) days, all sexually oriented businesses and sexually oriented business employees must make application for a license pursuant to this chapter. Within said ninety (90) days, sexually oriented businesses must make any necessary changes to the interior configurations of the regulated business premises to conform to this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-17: - Penalty#

Any 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 subject to a civil fine not to exceed two thousand five hundred dollars ($2,500.00). Each day the violation is committed, or permitted to continue, shall constitute a separate offense and shall be fined as such.

Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor and, upon conviction, subject to the penalty as provided in this code.

The city attorney is hereby authorized to institute criminal or 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 thereunder, shall be held to exclude such criminal proceedings as may be authorized by other provisions of this code, or any of the laws or ordinances in force in the city, or to exempt anyone violating this code or any part of the said laws from any penalty which may be incurred.

(Adopted by Ord. 2009-02 on 4/8/2009)