Chapter 5.11 - SEXUALLY ORIENTED BUSINESSES

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Sections:

5.11.010 - Purpose; findings and rationale.#

Purpose. It is the purpose of this Chapter to regulate Sexually Oriented Businesses in order to promote the health, safety, 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 neither 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 and Rationale. 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, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc. , 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Doctor John's, Inc. v. Wahlen, 542 F.3d 787 (10th Cir. 2008); American Bush v. City of South Salt Lake, 140 P.3d 1235 (Utah 2006); Bushco v. Utah State Tax Comm'n, 225 P.3d 153 (Utah 2009); State v. Haltom, 156 P.3d 792 (Utah 2007); Midvale City Corp. v. Haltom, 73 P.3d 334 (Utah 2003); Abilene Retail #30, Inc. v. Bd. of Comm'rs of Dickinson County, 492 F.3d 1164 (10th Cir. 2007); Doctor John's, Inc. v. City of Roy, 465 F.3d 1150 (10th Cir. 2006); Heideman v. South Salt Lake City, 165 F. App'x 627 (10th Cir. 2006); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Z.J. Gifts D-4, L.L.C. v. City of Littleton, 311 F.3d 1220 (10th Cir. 2002); Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002); 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); 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 (10th Cir. 2000); Cortese v. Black, No. 95-1429, 87 F.3d 1327 (10th Cir. June 25, 1996) (table); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Tucson, Arizona - 1990; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; Jackson County, Missouri - 2008; Louisville, Kentucky - 2004; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Memphis, Tennessee - 2005-2011; Assorted Reports Concerning Secondary Effects; and "A Comparative Analysis of Infractions in Texas Alcohol Establishments and Adult Entertainment Clubs," Criminal Justice Studies; the City Council finds:

Sexually Oriented Businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, noise, traffic, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

Sexually Oriented Businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other Sexually Oriented Businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of Sexually Oriented Businesses in one area.

Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this Chapter, exists independent of any comparative analysis between Sexually Oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating Sexually Oriented Businesses extends to preventing future secondary effects of either current or future Sexually Oriented Businesses that may locate in the City. The City finds that the cases and documentation relied on in this Chapter are reasonably believed to be relevant to said secondary effects.

The City hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of Sexually Oriented Businesses, including the judicial opinions and reports related to such secondary effects.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.020 - License required.#

Sexually Oriented Business License. It shall be unlawful for any Person to operate a Sexually Oriented Business in the City without a valid Sexually Oriented Business license. No premises shall be concurrently licensed for both a Sexually Oriented Business Use and a City alcoholic beverage Use.

Employee License. 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, except that a Person who is a licensee under a valid Sexually Oriented Business license shall not be required to also obtain a 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 office of the business license official a completed application made on a form provided by the business license official. A Sexually Oriented Business may designate an individual with an Influential Interest in the business to file its application for a Sexually Oriented Business license in person on behalf of the business. The application shall be signed as required by Subsection D herein and shall be notarized. An application shall be considered complete when it contains, for each Person required to sign the application, the information and/or items required in this Subsection C, accompanied by the appropriate licensing fee:

The applicant's full legal name and any other names used by the applicant in the preceding five years.

Current business address or another mailing address for the applicant.

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

A complete set of fingerprints taken by the Utah Bureau of Criminal Identification which service is provided Monday through Friday 8:00 a.m.-5:00 p.m. without any need for an appointment. Alternatively, an applicant who states in writing that the Utah Bureau of Criminal Identification failed to render fingerprinting services to the applicant for more than two (2) hours after the applicant requested said services may submit a complete set of fingerprints taken by the City police department. The City police department shall provide fingerprinting service upon the request of such an applicant during regular office hours for a fee of twenty dollars ($20.00).

If the application is for a Sexually Oriented Business license, the business name, location, legal description, mailing address and phone number of the Sexually Oriented Business.

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

A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a Specified Criminal Activity as defined in this Chapter, and if so, each Specified Criminal Activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.

A statement of whether any Sexually Oriented Business in which an applicant has had an Influential Interest, has, in the previous five years (and at a time during which the applicant had the Influential Interest):

Been declared by a court of law to be a nuisance; or

Been subject to a court order of closure.

An application for a Sexually Oriented Business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. 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. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this Chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations. The business license official may waive the requirements of this Subsection (C)(9) for a renewal application if the applicant adopts a legal description and a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

The information provided pursuant to this Subsection C shall be supplemented in writing by certified mail, return receipt requested, to the business license official within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

Signature. A person who seeks a Sexually Oriented Business employee license under this Section shall sign the application for a license. If a Person who seeks a Sexually Oriented Business license under this Section is an individual, he shall sign the application for a license as applicant. If a Person who seeks a Sexually Oriented Business license is other than an individual, each Person with an Influential Interest in the Sexually Oriented Business or in a legal entity that controls the Sexually Oriented Business shall sign the application for a license as applicant. Each applicant must be qualified under this Chapter and each applicant shall be considered a licensee if a license is granted.

The information provided by an applicant in connection with an application for a license under this Chapter shall be maintained by the office of the business license official on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to such disclosure.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.030 - Issuance of license.#

Sexually Oriented Business License. Upon the filing of a completed application for a Sexually Oriented Business license, the business license official shall immediately issue a temporary license to the applicant if the completed application is from a preexisting Sexually Oriented Business that is lawfully operating in the City and the completed application, on its face, indicates that the applicant is entitled to an annual Sexually Oriented Business license. The temporary license shall expire upon the final decision of the City to deny or grant an annual license. Within twenty (20) days of the filing of a completed Sexually Oriented Business license application, the business license official shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The business license official shall issue a license unless:

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

An applicant has failed to provide information required by 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.

The Sexually Oriented Business is not in compliance with the interior configuration requirements of this Chapter.

The Sexually Oriented Business is not in compliance with locational requirements of this Chapter or the locational requirements of any other part of the City Code. "Locational requirements," as used in the preceding sentence, does not include any license or permit required by another chapter of the City Code. A Sexually Oriented Business that is operating as a lawful, nonconforming use on the effective date of this Chapter shall not be required to comply with this Subsection (A)(5) as a condition of obtaining a license under this Chapter.

Any Sexually Oriented Business in which an applicant has had an Influential Interest, has, in the previous five years (and at a time during which the applicant had the Influential Interest):

Been declared by a court of law to be a nuisance; or

Been subject to an order of closure.

An applicant has been convicted of or pled guilty or nolo contendere to a Specified Criminal Activity, as defined in this Chapter.

Employee License. Upon the filing of a completed application for a Sexually Oriented Business employee license, the business license official shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed Sexually Oriented Business and the completed application, on its face, indicates that the applicant is entitled to an annual Sexually Oriented Business employee license. The temporary license shall expire upon the final decision of the City to deny or grant an annual license. Within twenty (20) days of the filing of a completed Sexually Oriented Business employee license application, the business license official shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The business license official shall issue a license unless:

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

The applicant has failed to provide information as required by 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.

Any Sexually Oriented Business in which the applicant has had an Influential Interest, has, in the previous five years (and at a time during which the applicant had the Influential Interest):

Been declared by a court of law to be a nuisance; or

Been subject to an order of closure.

The applicant has been convicted of or pled guilty or nolo contendere to a Specified Criminal Activity, as defined in this Chapter.

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(s), 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 read at any time that the business is occupied by patrons or is open to the public. 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.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.040 - Alcohol prohibited.#

It is unlawful for any business licensed pursuant to this Chapter to allow the sale, storage, supply, or consumption of alcoholic beverages on the business Premises. It is unlawful for any Person to possess or consume any alcoholic beverage on the Premises of any Sexually Oriented Business.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.050 - Inspection.#

Sexually Oriented Businesses and Sexually Oriented Business employees shall permit the business license official and his or her agents to inspect, from time to time on an occasional basis, the portions of the Sexually Oriented Business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this Chapter, during those times when the Sexually Oriented Business is occupied by patrons or is open to the public. This Section shall be narrowly construed by the City to authorize reasonable inspections of the licensed premises pursuant to this Chapter, but not to authorize a harassing or excessive pattern of inspections.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.060 - Expiration and renewal 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 this Chapter.

Application for renewal of an annual license should be made at least ninety (90) days before the expiration date of the current annual license, and when made less than ninety (90) days before the expiration date, the expiration of the current license will not be affected.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.070 - Suspension.#

The business license official shall issue a written notice of intent to suspend a Sexually Oriented Business license for a period not to exceed thirty (30) days if the Sexually Oriented Business Licensee has knowingly or recklessly violated this Chapter or has knowingly or recklessly allowed an employee or any other person to violate this Chapter.

The business license official shall issue a written notice of intent to suspend a Sexually Oriented Business employee license for a period not to exceed thirty (30) days if the employee licensee has knowingly or recklessly violated this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.080 - Revocation.#

The business license official shall issue a written notice of intent to revoke a Sexually Oriented Business license or a Sexually Oriented Business employee license, as applicable, if the licensee knowingly or recklessly violates this Chapter or has knowingly or recklessly allowed an employee or any other person to violate this Chapter and a suspension of the licensee's license has become effective within the previous twelve-month period.

The business license official shall issue a written notice of intent to revoke a Sexually Oriented Business license or a Sexually Oriented Business employee license, as applicable, if:

The licensee has knowingly given false information in the application for the Sexually Oriented Business license or the Sexually Oriented Business employee license;

The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the Sexually Oriented Business;

The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the Sexually Oriented Business;

The licensee knowingly or recklessly operated the Sexually Oriented Business during a period of time when the license was finally suspended or revoked;

The licensee has knowingly or recklessly engaged in or allowed any Specified Sexual Activity or Specified Criminal Activity to occur in or on the premises of the Sexually Oriented Business;

The licensee has knowingly or recklessly allowed a person under the age of twenty-one (21) years to consume alcohol on the premises of the Sexually Oriented Business; or

The licensee has knowingly or recklessly allowed a person under the age of eighteen (18) years to appear in a Semi-Nude condition or in a state of Nudity on the premises of the Sexually Oriented Business.

The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.

When, after the notice and hearing procedure described in this Chapter, the City 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.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.090 - Hearing; license denial, suspension, revocation; appeal.#

When the business license official issues a written notice of intent to deny, suspend, or revoke a license, the business license official shall immediately send such notice, which shall include the specific grounds under this Chapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the business license official for the respondent. The notice shall also set forth the following: The respondent shall have ten days after the delivery of the written notice to submit, at the office of the business license official, a written request for a hearing. If the respondent does not request a hearing within said ten days, the business license official's written notice shall become a final denial, suspension, or revocation, as the case may be, on the thirtieth (30th) day after it is issued, and shall be subject to the provisions of Subsection E of this Section.

If the respondent does make a written request for a hearing within said ten days, then the business license official shall, within ten days after the submission of the request, send a notice to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten days nor more than twenty (20) days after the date that the hearing notice is issued. The City shall provide for the hearing to be transcribed.

At the hearing, the 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 business license official's witnesses. The business license official shall also be represented by counsel and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this Chapter, to the respondent within five days after the hearing.

If the decision is to deny, suspend, or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the thirtieth (30th) day after it is rendered. If the Hearing Officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the business license official to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the business license official shall contemporaneously therewith issue the license to the applicant.

If any court action challenging a licensing decision is initiated, the City shall prepare and transmit to the court a transcript of the hearing within thirty (30) days after receiving written notice of the filing of the court action. The City shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any Sexually Oriented Business that is lawfully operating as a Sexually Oriented Business, or any Sexually Oriented Business employee that is lawfully employed as a Sexually Oriented Business employee, on the date on which the completed business or employee application, as applicable, is filed with the business license official: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement of any denial, suspension, or revocation of a temporary license or annual license, the business license official shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent 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 respondent's appeal or other action to restrain or otherwise enjoin the City's enforcement.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.100 - Hours of operation.#

No Sexually Oriented Business shall be or remain open for business between two (2) a.m. and six (6) a.m. on any day.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.110 - Regulations pertaining to exhibition of sexually explicit films on premises.#

A Person who operates or causes to be operated a Sexually Oriented Business which exhibits in a booth or viewing room on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display of Specified Sexual Activities or Specified Anatomical Areas shall comply with the following requirements.

Each application for a Sexually Oriented Business license shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs, or other video reproductions. The diagram shall also designate the place at which the license 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. The business license official 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.

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.

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 five-foot candles 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 Specified Sexual Activity occurs in or on the licensed premises.

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:

That the occupancy of viewing rooms less than one hundred fifty (150) square feet is limited to one person.

That Specified Sexual Activity on the premises is prohibited.

That the making of openings between viewing rooms is prohibited.

That violators will be required to leave the premises.

That violations of these regulations are unlawful.

It shall be the duty of the operator to enforce the regulations articulated in 5a though 5e above.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed thirty-two (32) square feet of floor area. If the premises has two or more operator'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, excluding restrooms, from at least one of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator'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 paragraph 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 the duty of the operator to ensure that no porous materials are used for any wall, floor, or seat in any booth or viewing room.

It shall be unlawful for a Person having a duty under Subsections (A)(1) through (A)(8) to knowingly or recklessly fail to fulfill that duty.

No patron shall knowingly or recklessly enter or remain in a viewing room less than one hundred fifty (150) square feet in area that is occupied by any other patron.

No patron shall knowingly or recklessly be or remain within one foot of any other patron while in a viewing room that is one hundred fifty (150) square feet or larger in area.

No Person shall knowingly or recklessly make any hole or opening between viewing rooms.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.120 - Loitering, exterior lighting and monitoring, and interior lighting requirements.#

It shall be the duty of the operator of a Sexually Oriented Business to: (i) ensure that at least two conspicuous signs stating that no loitering is permitted on the premises are posted on the premises; (ii) designate one or more employees to monitor the activities of persons on the premises by visually inspecting the premises at least once every ninety (90) minutes or inspecting the premises by use of video cameras and monitors; and (iii) provide lighting to the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. Said lighting shall be of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one-foot candle as measured at the floor level. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.

It shall be the duty of the operator of a Sexually Oriented Business to ensure that the interior premises shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than five foot candles as measured at the floor level and the illumination must be maintained at all times that any customer is present in or on the premises.

No Sexually Oriented Business shall erect a fence, wall, or similar barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.

It shall be unlawful for a Person having a duty under this Section to knowingly or recklessly fail to fulfill that duty.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.130 - Penalties and enforcement.#

A Person who violates any of the provisions of this Chapter shall be guilty of a class B misdemeanor. Each day a violation is committed, or permitted to continue, shall constitute a separate offense. The prosecuting agency shall have the discretion to charge any offense under this Chapter as an infraction.

The City's legal counsel is hereby authorized to institute civil proceedings necessary for the enforcement of this Chapter to enjoin, prosecute, restrain, or correct violations hereof. Such proceedings shall be brought in the name of the City, provided, however, that nothing in this Section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this Chapter, or any of the laws 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.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.140 - Applicability of Chapter to existing businesses.#

Licensing Requirements. All preexisting Sexually Oriented Businesses lawfully operating in the City in compliance with all state and local laws prior to the effective date of this Chapter, and all Sexually Oriented Business employees working in the City prior to the effective date of this Chapter, are hereby allowed to continue operation or employment until December 31, 2012 provided that the business holds and maintains a valid 2012 license or, in the case of an employee, the employee holds or maintains a valid 2012 work permit.

Interior Configuration Requirements. Any preexisting Sexually Oriented Business that is required to, but does not, have interior configurations or stages that meet at least the minimum requirements of Section 5.11.110 and Subsection 5.11.150 shall have one hundred eighty (180) days from the effective date of this Chapter to conform its premises to said requirements. During said one hundred eighty (180) days, any employee who appears within view of any patron in a Semi-Nude condition shall nevertheless remain, while Semi-Nude, at least three feet from all patrons.

Other Requirements. Except as provided for in Subsections A and B of this Section, Sexually Oriented Businesses shall comply with this Chapter on the date that it takes effect.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.150 - Prohibited conduct.#

No patron, employee, or any other person shall knowingly or intentionally, in a Sexually Oriented Business, appear in a state of Nudity or engage in a Specified Sexual Activity.

No person shall knowingly or intentionally, in a Sexually Oriented Business, appear in a Semi-Nude condition unless the person is an employee who, while Semi-Nude, remains at least three feet from all patrons on a stage at least two feet from the floor in a room of at least six hundred (600) square feet.

No employee who appears Semi-Nude in a Sexually Oriented Business shall knowingly or intentionally touch a customer or the clothing of a customer on the premises of a Sexually Oriented Business. No customer shall knowingly or intentionally touch such an employee or the clothing of such an employee on the premises of a Sexually Oriented Business.

No Person shall knowingly or recklessly allow a person under the age of eighteen (18) years to be or remain on the premises of a Sexually Oriented Business.

No operator of a Sexually Oriented Business shall knowingly or recklessly allow a room in the Sexually Oriented Business to be simultaneously occupied by any patron and any employee who is Semi-Nude or who appears Semi-Nude on the premises of the Sexually Oriented Business, unless an operator of the Sexually Oriented Business is present in the same room.

No operator of a Sexually Oriented Business shall violate the regulations in this Section or knowingly or recklessly allow an employee or any other person to violate the regulations in this Section.

A sign in a form to be prescribed by the business license official, and summarizing the provisions of Subsections A, B, C, and D shall be posted near the entrance of the Sexually Oriented Business in such a manner as to be clearly visible to patrons upon entry. No Person shall cover, obstruct, or obscure said sign.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.160 - Scienter required to prove violation or business licensee liability.#

This Chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a reckless mental state is necessary to establish a violation of a provision of this Chapter. Notwithstanding anything to the contrary, for the purposes of this Chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the Sexually Oriented Business Licensee for purposes of finding a violation of this Chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a Person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the Person to whom liability is imputed was powerless to prevent the act.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.170 - Failure of City to meet deadline not to risk applicant/licensee rights.#

In the event that a City official is required to act or to do a thing pursuant to this Chapter within a prescribed time and fails to act or to do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the City official under this Chapter, and not completed in the time prescribed, includes approval of condition(s) necessary for approval by the City of an applicant or licensee's application for a Sexually Oriented Business license or a Sexually Oriented Business employee's license (including a renewal), the license shall be deemed granted and the business or employee allowed to commence operations or employment the day after the deadline for the City's action has passed.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.11.180 - Location of Sexually Oriented Businesses.#

It shall be unlawful to establish, operate, or cause to be operated a Sexually Oriented Business in the City, unless said Sexually Oriented Business is in a location zoned for such business and is at least:

One thousand (1,000) feet from every parcel occupied by another Sexually Oriented Business or business licensed by the state of Utah to sell alcohol at the premises;

One thousand (1,000) feet from every parcel occupied by a house of worship, public library, public recreation center, public or private elementary or secondary school, public park, residence, and from every parcel zoned for residential use; and

One thousand (1,000) feet from every interstate interchange.

For the purpose of this Section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the Sexually Oriented Business to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection A above.

A Sexually Oriented Business that is operating as a lawful, nonconforming use on the effective date of this Chapter shall not be liable for a violation of this Section by virtue of its continued operation in the location where it maintains the lawful, nonconforming use.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)