CHAPTER 5 - SEXUALLY-ORIENTED BUSINESSES AND EMPLOYEES

Part of the City Code of Riverdale, UT.

Local law · Updated June 10, 2026 · 1,041 sections

The text

Footnotes:

--- (1) --- Cross reference— See also title 10, chapter 13, article A of this code for zoning regulations

3-5-1: - TITLE:#

The ordinance codified in this chapter shall be known and may be referred to as THE SEXUALLY-ORIENTED BUSINESS AND EMPLOYEE LICENSING ORDINANCE.

(1985 Code § 11-8-1)

3-5-2: - PURPOSE AND APPLICATION:#

Reasonable and Uniform Regulations: The purpose and object of this chapter is to establish reasonable and uniform regulations governing the time, place and manner of operation of sexually-oriented businesses and their employees in the city. This chapter, by its terms, is designed to prevent crime, protect the city's retail trade, maintain property values, and generally protect and preserve the quality of the city's neighborhoods, commercial districts, and the quality of urban life. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or speech protected by the First Amendment. This chapter shall be construed to protect the governmental interests recognized by this chapter in a manner consistent with constitutional provisions provided by the United States and Utah Constitutions.

Certain Business Activities: This chapter imposes regulatory standards and license requirements on certain business activities, which are characterized as sexually-oriented businesses, and certain employees of those businesses characterized as sexually-oriented business employees. Except when the context or specific provisions require, this chapter does not supersede or nullify any other related ordinances.

(1985 Code §§ 11-8-2, 11-8-3)

3-5-3: - DEFINITIONS:#

For purposes of this chapter, the following words shall have the following meanings:

ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment: A.

Which excludes minors from more than fifteen percent (15%) of the retail floor or shelf space of the premises; or

Which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, the central theme of which depicts or describes specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designated for use in connection with specified sexual activities, except for legitimate medically recognized contraceptives.

ADULT BUSINESS: An adult motion picture theater, adult bookstore or adult video store.

ADULT MOTION PICTURE THEATER: A commercial establishment which regularly shows, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of seminudity.

BUSINESS LICENSE AUTHORITY: The city's community development director or designee.

CUSTOMER: Any person who contracts with or employs any escort services or escort, or the patron of any business licensed pursuant to this chapter.

EMPLOY: Hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent or in any other form of employment relationship.

ESCORT: Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters, or who agrees or offers to privately model lingerie, or to privately perform a striptease for another person. Escort shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. Escort shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.

ESCORT SERVICE: An individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

ESCORT SERVICE RUNNER: Any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or customer by contacting or meeting with escort services, escorts or customers at any location within the city, whether or not such third person is employed by such escort service, escort, customer or by another business, or is an independent contractor or self-employed.

NUDITY OR STATE OF NUDITY: The appearance of a human bare buttock, cleft of buttocks, anus, pubic region, male genitals, female genitals or full female breast.

OUTCALL SERVICES: Services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including, but not limited to, escorts, models, dancers and other similar employees.

PECUNIARY COMPENSATION: Any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration.

PERSON: Any person, unincorporated association, corporation, partnership or other legal entity.

SEMINUDE: A state of dress in which opaque clothing covers no more than the genitals, pubic region, anus, cleft of the buttocks, the areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

SEMINUDE DANCING AGENCY: Any person, agency, firm, corporation, partnership or any other entity or individual which furnishes, books or otherwise engages or offers to furnish, book or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for seminude entertainment, seminude dancing bars or adult theaters.

SEMINUDE DANCING BARS: Any business which sells or allows the consumption of any alcoholic beverage on its premises that permits dancing, modeling or other performance or appearance however characterized, in a state of seminudity.

SEMINUDE ENTERTAINMENT BUSINESS: A business, including adult theater, where employees perform or appear in the presence of customers of the business in a state of seminudity. A business shall also be presumed to be a seminude entertainment business if the business holds itself out as such a business.

SEXUALLY ORIENTED BUSINESS: "Seminude entertainment businesses", "sexually oriented outcall services", "adult businesses", "seminude dancing bars" and "seminude dancing agencies", as defined in this section.

SEXUALLY ORIENTED BUSINESS EMPLOYEES: Those employees who work on the premises of the sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models and other similar employees whether or not hired as employees, agents or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers, cooks, serving persons, bartenders and similar employees, except when they may be managers or supervisors of the business. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs and other similar employees, shall be considered sexually oriented business employees.

SPECIFIED ANATOMICAL AREAS: The human male or female pubic area or anus with less than full opaque covering, or the human female breast including the areola, papilla or nipple with less than full opaque covering.

SPECIFIED SEXUAL ACTIVITIES: A.

Acts of masturbation, human sexual intercourse, sexual copulation between a person and a beast, fellatio, cunnilingus, bestiality, pederasty, buggery, or any anal copulation between a human male and another human male, human female or beast;

Manipulation, caressing or fondling by any person of the genitals of a human, the pubic area of a human, the uncovered female nipple and areola; or

Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or in the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.

(1985 Code § 11-8-4; amd. 2001 Code; Ord. 854, 5-6-2014)

3-5-4: - BUSINESS LICENSES:#

Sexually-Oriented Business: It is unlawful for any person to operate a sexually-oriented business, as specified herein, without first obtaining a sexually-oriented business license. The license shall specify the type of business for which it is obtained.

Sexually-Oriented Business Employee: It is unlawful for any sexually-oriented business to employ or for any individual to be employed by a sexually-oriented business in the capacity of a sexually-oriented business employee, unless that employee first obtains a sexually-oriented business employee license.

Semi-Nude Dancing Agencies:

It is unlawful for any individual or entity to furnish, book or otherwise engage the services of a professional dancer, model or performer to appear in a state of semi-nudity for pecuniary compensation in or for any semi-nude entertainment business, adult theater or semi-nude dancing bar licensed pursuant to this chapter, unless such agency is licensed pursuant to this chapter.

It is unlawful for any individual or entity to furnish, book or otherwise engage or permit any person to perform as a professional dancer, model or performer in a state of semi-nudity, either gratuitously or for compensation, in or for any business licensed pursuant to this chapter, unless such person is licensed pursuant to this chapter.

Exemptions: The provisions of this chapter shall not apply to any sex therapist or similar individual licensed by the state to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, psychologist, nor shall it apply to any educator licensed by the state for activities in the classroom.

(1985 Code §§ 11-8-7, 11-8-8, 11-8-11, 11-8-29)

3-5-5: - LEGITIMATE ARTISTIC MODELING:#

Intent: The city does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections. The city does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of subsection 3-5-14D11 of this chapter, a licensed outcall employee may appear in a state of nudity before a customer; provided, that a written contract for such appearance was entered into between the customer and the employee and was signed by all parties to the contract at least twenty-four (24) hours before the nude appearance. All of the other applicable provisions of this chapter shall still apply to such nude appearance.

Contract; Unlawful Activities: In the event of a contract for nude modeling or appearance is signed more than forty-eight (48) hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this chapter. During such unlicensed nude appearance, it is unlawful to:

Appear nude or semi-nude in the presence of persons under the age of eighteen (18);

Allow, offer or agree to any touching of the contracting party or other person by the individual appearing nude;

Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor or committing activities harmful to a minor;

Allow, offer, commit or agree to any sex act as validly defined by city ordinance or state statute;

Allow, offer or agree or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude;

Allow, offer or agree for the individual appearing nude to be within five feet (5') of any other person while performing or while nude or semi-nude.

(1985 Code § 11-8-9)

3-5-6: - CATEGORIES; NUMBER OF LICENSES:#

Scope: It is unlawful for any business premises to operate or be licensed for more than one category of sexually-oriented business, except that a business may have a license for both outcall services and semi-nude dancing agency on the same premises.

Categories: The categories of sexually oriented businesses are:

Outcall services;

Adult businesses;

Seminude entertainment businesses;

Seminude dancing bars; and

Seminude dancing agencies.

(1985 Code § 11-8-10)

3-5-7: - APPLICATION FOR LICENSE:#

Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the business license authority, the following: A.

Correct Legal Name: The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name.

Corporations; Partnerships: If the applicant is a corporation, partnership or limited partnership or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of the applicant and for each officer, director and any shareholder (corporate or personal) holding more than ten percent (10%) of the stock of any applicant. Any holding company or any entity holding more than ten percent (10%) of an applicant's stock shall be considered an applicant for purposes of disclosure under this chapter.

The shareholder disclosure requirements above shall only be applicable for outcall service licenses.

Check Signer: All corporations, partnerships or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership or noncorporate entity to sign the checks for such corporation, partnership or noncorporate entity.

Personal Information: For all applicants or individuals, the application must also state:

Any other names or aliases used by the individual;

The age, date and place of birth;

Height, weight and color of hair and eyes;

Present business address and telephone number;

Proposed business address and telephone number;

Present residence address and telephone number;

State driver's license or identification number; and

Social security number.

Proof of Age: Acceptable written proof that the individual is at least eighteen (18) years of age or, in the case of employees to be employed in a business where a different age is required, proof of the required age.

Photographs: Attached to the form as provided above, two (2) color photographs of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the police department. For persons not residing in the city, the photographs may be on a form from the law enforcement jurisdiction where the person resides. Any fees for the photographs and fingerprints shall be paid by the applicant.

Health Certificate: For any individual applicant required to obtain a sexually oriented business employee license as an escort or as a seminude entertainer, a certificate from the Weber County health department, stating that the individual has, within thirty (30) days immediately preceding the date of application, been examined and found to be free of any contagious or communicable diseases.

Previous Business Information: A statement describing the business, occupation or employment history of the applicant for three (3) years immediately preceding the date of the filing of the application.

License and Permit History: A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state or country, has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.

Criminal Convictions: List all criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all arrests of the applicant, individual or other entity subject to disclosure under this chapter, for five (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a felony, class A or class B misdemeanor shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing court identifying case numbers or docket numbers. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license.

Property Owner: In the event the applicant is not the owner of record of the real property upon which the business or proposed business is located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to the notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the service is or will be located.

Description of Services: A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:

The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and customers and preventing them from engaging in illegal activity;

The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;

The methods of supervising employees and customers from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances;

The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity.

(1985 Code § 11-8-12; amd. 2001 Code; Ord. 815, 9-25-2012)

3-5-8: - FEES:#

Established: The fees for sexually oriented businesses shall be as established in section 1-12-2 of this code.

Fees Additional: These fees shall be in addition to the other licenses and fees required to do business in the city.

(1985 Code § 11-8-13; amd. 2001 Code)

3-5-9: - BOND REQUIRED:#

Each applicant for a sexually oriented business license shall post with the community development director a cash or corporate surety bond, payable to the city, in the amount of two thousand dollars ($2,000.00). Any fines assessed against the business, officers or managers for violations of city ordinances shall be taken from this bond if not paid in cash within ten (10) days after notice of the fine, unless an appeal is filed, as provided by this chapter. In the event the funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to two thousand dollars ($2,000.00) within fifteen (15) days of the date of notice of any draw against it. In the event the bond is not replenished within the fifteen (15) days, the license granted by this chapter shall automatically be suspended until such time as the bond is replenished.

(1985 Code § 11-8-14; amd. 2001 Code; Ord. 854, 5-6-2014)

3-5-10: - ISSUANCE OF LICENSE:#

Within Thirty Days; Exceptions: The community development director shall approve the issuance of a license to the applicant within thirty (30) days after receipt of the application, unless the director finds one or more of the following:

The applicant is under eighteen (18) years of age or any higher age if the license sought requires a higher age.

The applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business.

The applicant has falsely answered a material question or request for information as authorized by this chapter.

The applicant has been convicted of a violation of a provision of this chapter within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial.

The premises to be used for the business has been disapproved by the county health department, the fire department, the city building officials or the city zoning officials as not being in compliance with applicable laws and ordinances of the city. If any of the foregoing reviewing agencies cannot complete their review within the thirty (30) day approval or denial period, the agency or department may obtain from the community development director an extension of time for their review of no more than fifteen (15) days. The total time for the city to approve or deny a license shall not exceed forty-five (45) days from receipt of an application. Businesses located outside the corporate boundaries of the city, but requiring a license under this chapter, may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location.

Upon receipt of an application, all departments required to review the application shall determine within seven (7) days whether or not the application is incomplete with all items needed for processing. Incomplete applications shall be returned to the applicant with a specification of the items which are incomplete.

The time for processing applications specified in this section shall begin to run from the receipt of a complete application.

In the event that a license has not been disapproved within thirty (30) days, or the forty-five (45) days allowed after an extension, the city shall issue the license.

Any license issued pursuant to subsection A5c of this section may be revoked by the city pursuant to the revocation procedures of subsection 3-5-20B of this chapter, if the completed review determines that the license should have been denied.

The license fees required by this chapter or by other ordinances have not been paid.

All applicable sales and use taxes have not been paid.

An applicant for the proposed business is in violation of or not in compliance with this chapter.

An applicant has been convicted of or pled nolo contendere to a crime involving: prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; lewdness; public indecency; any crime involving sexual abuse or exploitation of a minor; sexual assault or aggravated sexual assault; rape; rape of a child; object rape; object rape of a child; sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal contempt; conspiracy or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, for which:

Less than two (2) years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five (5) years, if the convictions are of two (2) or more misdemeanors within the five (5) years, or less than five (5) years has elapsed from the date of the conviction if the offense was a felony.

The fact that a conviction is being appealed does not prevent someone from being denied a business license for that conviction.

Term of License: Sexually-oriented business and employee licenses issued pursuant to this chapter shall be valid from the date of issuance through January 1 of the next year. The license fees required under section 3-5-8 of this chapter shall not be prorated for any portion of a year, but shall be paid in full for whatever portion of the year the license is applied for.

(1985 Code §§ 1-8-16, 11-8-16, 11-8-17; amd 2001 Code; Ord. 815, 9-25-2012; amd. Ord. 854, 5-6-2014)

3-5-11: - LOCATION RESTRICTIONS:#

Semi-Nude Entertainment Businesses: It is unlawful for any business licensed for semi-nude entertainment to be located within three hundred thirty feet (330') of a different business which is licensed for the sale or consumption of alcohol.

Zoning: It is unlawful for any sexually-oriented business to do business at any location within the city not zoned for such business. Sexually-oriented businesses licensed as adult businesses, semi-nude entertainment businesses or semi-nude dancing bars pursuant to this chapter shall only be allowed in areas zoned for their use pursuant to title 10, article 13A of this code.

(1985 Code §§ 11-8-6, 11-8-26)

3-5-12: - DESIGN OF PREMISES:#

Adult Businesses:

Diagram: In addition to the general requirements of disclosure for a sexually-oriented business, any applicant for a license as an adult business shall also submit a diagram, drawn to scale, of the premises of the license. The design and construction, prior to granting a license or opening for business, shall conform to the following:

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 any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person be allowed in the restroom per stall, and only one person in any stall at a time, and requiring that patrons shall not be allowed access to managers' station areas.

For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the premises shall be designed and constructed so that minors may not see into the area from which they are excluded.

The diagram required shall not necessarily be a professional engineer or architect's blueprint; however, the diagram must show marked internal dimensions, all overhead lighting fixtures and ratings for illumination capacity.

Manager's Station; Unobstructed View: It shall be the duty of the licensee and the licensee's employees to ensure that the views from the manager's station in subsection A1 of this section remain unobstructed by any doors, walls, merchandise, display racks or any 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.

Lighting Fixtures: The premises shall at all times be equipped and illuminated 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, measured at floor level. It shall be the duty of the licensee and the licensee's employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

Semi-Nude Entertainment Business:

It is unlawful for business premises licensed for semi-nude entertainment to:

Permit a bed, sofa, mattress or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater such items may be on the stage as part of a performance.

Allow any door on any room used for the business, except for the door to an office to which customers shall not be admitted, outside doors and restroom doors, to be lockable from the inside.

Provide any room in which the employee and the customer are alone together without separation by a solid physical barrier at least three feet (3') high and six inches (6") wide. The customer shall remain on one side of the barrier and the employee shall remain on the other side of the barrier.

Adult theaters shall also require that the performance area shall be separated from the customers by a minimum of three feet (3'), which separation shall be delineated by a physical barrier at least three feet (3') high.

(1985 Code §§ 11-8-24, 11-8-25)

3-5-13: - LICENSE; SPECIFIC REGULATIONS:#

Notice of Change of Information: Any change in the information required to be submitted under this chapter for either a sexually oriented business license or sexually oriented business employee license shall be given, in writing, to the community development director and the police department within fourteen (14) days after such change.

Transfer Limitations: Sexually oriented business licenses granted under this chapter shall not be transferable. It is unlawful for a license held by an individual to be transferred. It is unlawful for a license held by a corporation, partnership or other noncorporate entity to transfer any part in excess of ten percent (10%) thereof, without filing a new application and obtaining prior city approval. If any transfer of the controlling interest in a business licensee occurs, the license is immediately null and void and the business shall not operate until a separate new license has been properly issued by the city as provided in this chapter.

Display of License: It is unlawful for any sexually oriented business location within the boundaries of the city to fail to display the license granted pursuant to this chapter in a prominent location within the business premises. It is unlawful for any individual licensed pursuant to this chapter to fail to carry, at all times while engaged in licensed activities within the corporate boundaries of the city, their employee license on their person. If the individual is nude or seminude, such license shall be visibly displayed within the same room as the employee is performing. When requested by the police, city licensing or other enforcement personnel or health official, it is unlawful to fail to show the appropriate licenses while engaged in licensed activities within the corporate boundaries of the city.

Advertisements; Statement: It is unlawful for any advertisement by the sexually oriented business or employee to fail to state that the business or employee is licensed by the city and shall include the city license number.

(1985 Code §§ 11-8-19—11-8-21; Ord. 854, 5-6-2014)

3-5-14: - GENERAL REGULATIONS:#

Obscenity: Notwithstanding anything contained in this chapter, nothing in this chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to the provisions of this code or other applicable federal or state statutes prohibiting obscenity or nudity.

Premises Location: It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.

Business Name: It is unlawful for any sexually oriented business to do business in the city under any name other than the business name specified in the application.

Unlawful Activities: It is unlawful for any sexually oriented business or sexually oriented business employee to:

Allow persons under the age of eighteen (18) years, or the age of twenty-one (21) years, if required by applicable liquor ordinance or statutes, to be on the licensed premises, except that in adult businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas;

Allow, offer or agree to conduct any outcall business with persons under the age of eighteen (18) years;

Except for seminude dancing bars, allow, offer or agree to allow alcohol being stored, used or consumed on or in the licensed premises;

Allow the outside door to the premises to be locked while any customer is in the premises;

Allow, offer or agree to gambling on the licensed premises;

Allow, offer or agree to any sexually-oriented business employee touching any customer, except that outcall employees and customers may touch, except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited;

Allow, offer or agree to illegal possession, use, sale or distribution of controlled substances on the licensed premises;

Allow sexually-oriented business employees to possess, use, sell or distribute controlled substances while engaged in the activities of the business;

Allow, offer or agree to commit prostitution, solicitation of prostitution or solicitation of a minor to occur on the licensed premises or, in the event of an outcall employee or business, the outcall employee committing, offering or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor or committing activities harmful to a minor;

10.

Allow, offer, commit or agree to any sex act as validly defined by city ordinances or state statutes in the presence of any customer;

11.

Allow, offer or agree to any outcall employee appearing before any customer or patron in a state of nudity;

12.

Allow, offer or agree to allow a customer to masturbate in the presence of the sexually-oriented business employee or on the premises of a sexually-oriented business.

(1985 Code §§ 11-8-5, 11-8-15, 11-8-22)

3-5-15: - PROHIBITED ACTIVITIES BY PERFORMERS, CUSTOMERS:#

Performers: It is unlawful for any professional dancer, model or performer, while performing in any business licensed pursuant to this chapter, to:

Touch in any manner any other person; or

Throw any object or clothing off the stage area; or

Accept any money, drink or any other object directly from any person; or

Allow another person to touch such performer or to place any money or object on the performer or within the costume or person of the performer; or

Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity.

Customers: It is unlawful for any person or any customer of any business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; or to give or offer to give to any such performer any drinks, money or object while such performer is performing, except that money may be placed on the stage, which shall not be picked up by the performer except by hand.

(1985 Code §§ 11-8-30, 11-8-33)

3-5-16: - OUTCALL SERVICES:#

It is unlawful for any business or employee providing outcall services contracted for within the city, to fail to comply with the following requirements: A.

Written Contract: All businesses licensed to provide outcall services pursuant to this chapter shall provide to each customer a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the customer and any special terms or conditions relating to the services to be performed. The contract need not include the name of the customer. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this section for a period of not less than one year from the date of provision of services thereunder. The contract shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract and pecuniary compensation paid.

Maintain Office or Telephone: All outcall businesses licensed pursuant to this chapter shall maintain an open office or telephone at which the licensee or licensee's designated agency may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all customer contracts and published advertisements. For outcall businesses which premises are licensed within the corporate limits of the city, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office or any other location by the service, nor shall patrons meet outcall employees at the business premises.

Advertise; Manner: Outcall services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the outcall employee.

(1985 Code § 11-8-23)

3-5-17: - SEMI-NUDE DANCING BARS:#

Operation Prerequisites: It is unlawful for any business licensed for the sale or consumption of alcohol pursuant to city ordinances or state law to allow any person on the premises to dance, model or perform in a state of semi-nudity without first obtaining a license pursuant to this chapter. In establishments where alcohol is sold or consumed, semi-nude dancing shall only be allowed in private clubs licensed by the state and on-premises beer retailer establishments licensed by the state.

Performer Restrictions: It is unlawful for any person to perform or appear in a state of semi-nudity as a professional dancer, model, performer or otherwise on the premises of a business licensed as a semi-nude dancing bar, either gratuitously or for compensation, unless that person is licensed as a sexually-oriented business employee.

(1985 Code §§ 11-8-27, 11-8-28)

3-5-18: - PERFORMERS; COSTUME, STAGE REQUIREMENTS:#

Costume Requirements: It is unlawful for performers in semi-nude dancing bars to fail to comply with the following costume requirements:

Performers shall at all times be costumed during performances in a manner not to violate any city ordinance concerning disorderly conduct or lewdness, and such performers shall not perform or conduct themselves in such a manner as to violate the provisions of any city ordinance. No performer shall appear in any business licensed as a semi-nude dancing bar, during a performance or appearance with less than opaque clothing which meets the definition of semi-nude, and in the case of a female performer, covers the areola and nipple of such performer in a shape and color other than the natural shape and color of the nipple and areola.

While on the portion of a business licensed as a semi-nude dancing bar used by customers, performers shall be dressed in opaque clothing covering the performer's cleft of buttocks and pubic area and, in the case of a female, the nipple and areola of the breast.

Stage Requirements: It is unlawful for any performer in a business licensed as a semi-nude dancing bar to appear in costume other than on a stage which shall be at least three feet (3') from the portion of the premises on which customers are allowed, and which shall be separated from the customers by a solid barrier or railing, the top of which shall be at least two feet (2') from the floor.

(1985 Code §§ 11-8-31, 11-8-32)

3-5-19: - NUDITY; DEFENSES TO PROSECUTION:#

It is a defense to prosecution for violation under this chapter that a person appearing in a state of nudity did so in a modeling class operated: A.

Proprietary School: By a proprietary school licensed by the state or a college, junior college or university supported entirely or partly by taxation;

Private College or University: 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.

(1985 Code § 11-8-34)

3-5-20: - VIOLATIONS:#

Injunction: An entity or individual who operates or causes to be operated a sexually-oriented business without a valid license or who employs or is employed as an employee of a sexually-oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this chapter, is subject to a suit for injunction in addition to the civil and criminal violations provided herein, and any other remedy available at law or in equity.

Suspension or Revocation 1 :

The city may issue a notice suspending or revoking a sexually oriented business or employee license granted under this chapter if a licensee, or an employee of the licensee, has:

Violated or is not in compliance with this chapter;

Refused to allow any inspection of the premises of the sexually oriented business specifically authorized by this chapter or by any other statute or ordinance;

Failed to replenish the cost bond as provided in this chapter (such suspension shall extend until the bond has been replenished);

A licensee or employee gave materially false or misleading information in obtaining the license;

A licensee or employee knowingly operated the sexually oriented business or worked under the employee license during the period when the business license or employee license was suspended;

A licensee has committed an offense which would be grounds for denial of a license for which the time period required has not elapsed;

On two (2) or more occasions within a twelve (12) month period, a person committed in or on, or solicited for on the licensed premises, or an outcall employee solicited or committed on or off the premises, an offense which would be grounds for denial of a license for which a conviction has been obtained, and the person or persons were employees, whether or not licensed, of the sexually oriented business at the time the offenses were committed;

A licensee is delinquent in payment to the city for ad valorem taxes, or sales taxes, related to the sexually oriented business.

Suspension or revocation shall take effect within ten (10) days of the issuance of notice, unless an appeal is filed with the city as provided by this chapter. The revocation or suspension is stayed pending the outcome of the appeal with the city.

The fact that a criminal conviction is being appealed shall have no effect on the revocation of a license.

Effect of Revocation: When a license issued pursuant to this chapter is revoked, the revocation shall continue for one year from its effective date and the licensee shall not be issued a sexually oriented business or employee license for one year from the date of such revocation.

1 Cross reference—See also section 3-1-12 of this title for procedure.

(1985 Code §§ 11-8-36—11-8-38)

3-5-21: - APPEAL PROCEDURE:#

Filing: If the license is denied or approved with qualifications, or if a notice of suspension, revocation or citation of a civil fine is imposed, the applicant or licensee may file an appeal with the city council.

Time Limitation; Hearing Scheduled: The filing of an appeal must take place within ten (10) days after the date of the service of the notice of any denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such appeal, the community development director shall schedule a hearing before the city council within twenty (20) calendar days after the date of the appeal, unless such time shall be extended for good cause.

Public Hearing: The city council shall hold a public hearing on the record and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension, revocation or civil fine was proper under the law.

Burden of Proof: The burden of proof shall be on the city.

Recommended Decision: After the hearing, the city council shall have seven (7) working days, unless extended for good cause, in which to render findings of fact and conclusions of law and make a recommendation to the city administrator.

Objections: Either party may object to the recommendation of the city council by filing the party's objection and reason in writing to the city administrator within seven (7) days following the recommendation. In the event the city council recommends upholding a suspension or revocation, the license shall be immediately suspended and shall remain suspended until any subsequent appeal is decided. If no objections are received within the seven (7) days, the city administrator may immediately adopt the recommendation of the city council.

Consideration: If objections are received, the city administrator shall have ten (10) working days to consider such objections before issuing the city administrator's final decision. The city administrator may, in the city administrator's discretion, take additional evidence or require written memorandum on issues of fact or law. The standard by which the city administrator shall review the decision of the city council is whether substantial evidence exists in the record to support the city council's recommendation.

Judicial Review: An applicant aggrieved by the city administrator's decision shall have judicial review of such decision pursuant to rule 65(b), Utah rules of civil procedure, or any other applicable ordinance, statute or rule providing for such review.

(1985 Code § 11-8-39; amd. 2001 Code; Ord. 854, 5-6-2014)

3-5-22: - PENALTY:#

In addition to revocation or suspension of a license, as provided in this chapter, each violation of this chapter shall, upon citation by the community development director, require the licensee to pay a civil penalty in the amount of five hundred dollars ($500.00). Such fines shall be deducted from the cost bond posted pursuant to this chapter, unless paid within ten (10) days of notice of the fine or the final determination after an appeal. In addition to the civil fines provided in this chapter, the violation of any provision of this chapter shall be a class B misdemeanor, punishable as set forth in section 1-4-1 of this code. Each day of a violation shall be considered a separate offense.

(Ord. 854, 5-6-2014)

3-5-23: - EXISTING BUSINESSES; COMPLIANCE TIME LIMITS:#

Applicability: The provisions of this chapter shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date hereof, and regardless of whether such persons and businesses are currently licensed to do business in the city.

All such persons and businesses requiring outcall service licenses shall have forty-five (45) days from the effective date hereof, or until their current license expires, whichever is first in time, to comply with the provision of this chapter.

All seminude dancing bars and employees thereof requiring licenses and seminude dancing agency licenses shall have seventy-five (75) days from the effective date hereof, or until their license must be renewed, whichever is first, to comply with the provisions of this chapter.

All seminude entertainment businesses shall have one hundred five (105) days from the effective date hereof, or until their current license must be renewed, whichever is first, to comply with the provisions of this chapter.

All adult businesses shall have one hundred thirty-five (135) days from the effective date hereof, or until their current license must be renewed, whichever is first in time, to comply with the provisions of this chapter.

Fees; Credit: For the year 1998, all businesses required by this chapter to be licensed as sexually oriented businesses shall be credited against the fees required by this chapter with the regulatory license fees paid for the current 1998 license.

(1985 Code § 11-8-35)