Enoch City Zoning Code

It is the purpose and intent of this Ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the locating of such businesses in areas of the City where they may be harmful or deleterious to the community through adverse secondary effects. It is not intended hereby to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor to restrict or deny access by adults to such materials insofar as they may be protected by the First Amendment.

For the purposes of this Chapter 23, certain terms and words are defined as follows:

A.  "Sexually oriented businesses" are those businesses engaging in or offering to the public the following services or products:

1. "Adult arcade" means projectors or other image producing machines offering films, motion pictures, video cassettes, or other photographic reproductions, for a consideration and for viewing by five or fewer persons each, of material characterized by the depiction or description of "specified sexual activities" or "specified anatomical area".
2.  "Adult bookstore", "adult novelty store" or "adult video store" means a commercial establishment which has a significant or substantial portion of its stock-in-trade, or which derives a significant or substantial portion of its revenue from the sale or rental for any form of consideration any one or more of the following:
3. Books, magazines, or other printed matter, or photographs, films, video cassettes, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
4. Instruments, devices, or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.

Another principal business purpose will not exempt an establishment from coming within this definition so long as one of its principal business purposes is offering for sale or rental, for some consideration, any of the materials specified herein.

1. "Adult theater" means a commercial establishment where (a) entertainment is offered featuring persons in a nude state or performers who in any manner expose "specified anatomical area" or (b) films, motion pictures, video cassettes or similar photographic reproductions are shown which are characterized by "specified sexual activities" for any form of consideration.
2.  "Escort business" means the furnishing, offering to furnish, or holding oneself out as a companion, guide, or date where a consideration or gratuity of any type is paid to the escort and to the arranging agency, if one is involved. An agency or person who agrees or offers to privately model lingerie or to privately perform a striptease for another person for any such consideration shall be included within this definition.
3. "Massage parlor" means any place where, for any form of consideration, there occurs a massage, alcohol rub, administration of oils or balms, electric or magnetic treatments, or any other treatment manipulation of the human body which includes any "specified sexual activities," or which includes exposure of the operator's "specified anatomical areas." This definition shall not include the practice of massage by any certified operator licensed by the State of Utah where such "specified sexual activity" or exposure is not offered or does not take place.
4. "Nude model studio" means any place where a person engages in the business of regularly appearing in a state of nudity or displaying "specified anatomical areas" for any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
5. "Sexual encounter establishment" means a business or commercial establishment that offers, as one of its primary business purposes and for a consideration, a place where two or more persons may congregate, associate or consort for the purpose of "specified sexual activities."

B. "Applicant" means any individual group of individuals, partners, or primary stockholders or owners of any corporation or other limited liability association who applies for permit to become the operator of a sexually oriented business.

C. "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of such business.

D. "Nudity or state of nudity" means: (a) the appearance of human bare buttock, anus, genitalia, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover any of the above.

E. "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any sexually oriented business.

F. "Permitted or licensed premises" means any premises that has obtained a license and/or permit as a sexually oriented business.

G. "Residential use" means a single family, duplex, townhouse, multiple family, mixed residential, or mobile home subdivision, as defined in the Enoch Zoning and Subdivision Ordinances, or a campground or other commercial housing use.

H. "Specified Anatomical Area," as used in this Ordinance means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

I. "Specified sexual activities" as used in this Ordinance means and includes any of the following:

1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or abnormal, actual or simulated, including intercourse, oral copulation, or sodomy;
3. masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.

J. "Transfer of ownership or control of a sexually oriented business" means and includes any of the following:

1. The sale, lease or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale exchange or similar means; or
3. The establishment of a trust, gift or similar legal devise which transfers ownership, control, or the primary beneficial interest in a business.

A. The establishment of a sexually oriented business shall be permitted only in a General Commercial Zone (Chapter 21, Enoch Zoning Ordinance), but in no event shall such business be permitted within 1,000 feet of any religious institution, school, boys' or girls' club or similar existing youth organization, or public park or public building, or within 1,500 feet of any property zoned for residential use or used for residential purposes.

B. Nothing in this section prohibits the location of sexually oriented businesses within retail shopping centers located in a general commercial zone wherein such activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, religious institutions, boys' or girls' club or similar existing youth organization, public buildings or residential districts or uses without regard to the distance requirements of subsection A, above.

As regarding Section 3, paragraph A., distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys' or girls' club or similar existing youth organization, or public park or public building, or any property zoned for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted to the nearest property line of the zone or uses referred to herein.

It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the City. The provisions of this ordinance have neither purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent to restrict or deny access by adults to sexually oriented materials protected by the First Amendment.

A. No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the City for the particular type of business. Such permit shall be required in addition to the business license required under Chapter 9.112 of this ordinance, and the recorder/clerk shall be responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied complies with all zoning and location requirements of this Chapter, as in the case of any other business license. The City Council shall grant, deny, revoke, renew, suspend or cancel sexually oriented business permits based upon information supplied by the recorder/clerk, augmented by the input from a public hearing in the event the City Council shall choose to hold such hearing. Hearings shall be held in accordance with Chapter 3.600, with thirty (30) days written notice being personally provided the permit applicant.

B. Application for a business permit shall be made on a form provided by the City and shall contain the following information with regard to all owners and be accompanied by the following documents:

1. The full legal name of (a) all individuals together with any aliases; (b) any partnership with the names of all partners and a copy of the partnership agreement, if any; and/or (c) any corporation together with the date and state of incorporation, a certificate of good standing from that state, the names and addresses of all officers, directors and principal stockholders, and the name of the statutory agent.
2. If the applicant intends to operate the sexually oriented business under a name other than his own, he must state the fictitious name of the business and submit the required documents reflecting registration under any law of the State of Utah pertaining to the registration of a fictitious name then in effect.
3. Whether the applicant or any of the other individuals listed pursuant to this Section has, within the two (2) or five (5) year periods specified in Section 7, immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved together with the date and place of conviction.
4. Whether the applicant or any of the other individuals listed pursuant to this Section has had a previous permit or license for a sexually oriented business denied, suspended or revoked, including the name and location of such business as well as the date of denial, suspension, or revocation. If a permit or license for a partnership or corporation wherein any of such individuals were either a partner or an officer, director, or principal stockholder was revoked, denied or suspended, the name, location and date of such must be included as well.
5. Whether the applicant or any other individual, partnership or corporation listed pursuant to this Section presently holds any other permits and/or licenses anywhere else for the operation of a sexually oriented business.
6. The exact location of the proposed sexually oriented business, including both a legal description of the property and the street address. The mailing and residence (street) address of the applicant shall also be included.
7. A recent photograph of the applicant(s).
8. The applicant(s)' driver's permit number, Social Security number, birth date, and tax identification number if a partnership or corporation.
9. A sketch or diagram showing the configuration of the proposed premises, including a statement of total floor space to be occupied by the business. It should be to scale as near as reasonably possible and in an understandable form acceptable to the City.
10. The distance in feet from any church, public or private elementary or secondary school, boys' or girls' club or similar existing youth organization, or public park or public building, or any property zoned or used for residential purposes if the same be located within five blocks of the proposed business.

C. Applicants granted a permit under this Chapter shall have a continuing duty to promptly supplement application information required by this Section in the event said information changes in any way from what is stated in the application. A failure to comply with this section within thirty (30) days from the date of such change shall be grounds for suspension of a permit.

D. Applicants shall be approved in accordance with the requirements of this Chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws before a permit shall be issued.

E. An applicant shall pay a non-refundable application of one hundred dollars ($100.00) at the time of filing an application under this Chapter.

F. All applicants shall be required to list in the application the names of any and all employees required to be licensed by Section 21 of this Chapter to the extent that they are then known and to provide thereafter the names of such employees as available on an ongoing basis.

G. Application for a permit hereunder shall constitute consent by the applicant to the provisions of this ordinance, and a waiver of objection to the exercise by the City of those powers and rights given to it hereby.

Upon receipt of an application properly filed with the City and upon the payment of the non-refundable application fee, the City shall cause a check to be made of whether an applicant has been convicted of a specified criminal act within the periods set forth in 12.2200.2207 (H) and whether there is proper compliance with health, fire and building codes and laws. A permit shall be granted or denied within thirty (30) days from the date of its proper filing. The permit shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business, and it shall be posted in a conspicuous place at or near the entrance to the business.

The City shall deny the application for any of the following reasons:

A. An applicant is under the age of eighteen years.

B. An applicant or his/her spouse is overdue on any payment owed to the City for taxes, fines or penalties assessed in relation to a sexually oriented business.

C. An applicant is residing with a person who has been denied or had a permit to operate a sexually oriented business revoked under this Chapter within the preceding twelve (12) months for any reason other than location.

D. An applicant has failed to provide information required by this Chapter or has falsely responded to any part of the application form.

E. The premises to be used for the sexually oriented business have not been approved as complying with City or state health, fire and building codes.

F. An applicant is in violation of any other provision of this Chapter, including but not limited to the zoning location requirements for a sexually oriented business, or any other statute, ordinance or court order.

G. The application or permit fees required by this Chapter have not been paid.

H. An applicant has been convicted of a "specified criminal" act for which:

1. less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is for a misdemeanor offense included within Utah Code Annotated, Title 76, Chapter 5, Part 4, or Chapter 10, Parts 10 and 11 or crimes connected with another sexually oriented business; or
2. less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is for a felony or for two or more misdemeanor offenses where the "specified criminal" acts are made criminal within Utah Code Annotated, Title 76, Chapter 5, Part 4, or Chapter 10, Parts 10 and 11, or crimes connected with another sexually oriented business.

The fact a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant convicted of any of the above "specified criminal" acts may qualify for a sexually oriented business permit only when the time period required hereby has elapsed.

I. An applicant knowingly has in his or her employ an employee who does not have a valid license as required in this Chapter. 

If the City denies an application, it shall notify the applicant of such denial and the reason(s) for the same. If a person applies for a particular location within a period of twelve (12) months from the date of denial of a previous application, and there has been no intervening change of circumstances which could reasonably be expected to lead to a different decision, the application shall be denied.

The annual fee for a sexually oriented business permit is One Thousand Dollars ($1,000.00).

An applicant shall permit representatives of the City and County to inspect the premises of a sexually oriented business for the purpose of assuring compliance with the law at any time business is occupied or open for business. Refusal to permit such lawful inspection, regardless of whether or not a permit has been issued under this Chapter, shall be a misdemeanor.

Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided herein, although in the case of a renewal at the same location, information unchanged from the initial application may be so characterized and not repeated. Application for renewal shall be made thirty (30) days before the expiration date in order for operation to continue without interruption. In the event of denial or revocation of a permit, a new permit shall not be issued hereunder until the expiration of one (1) year from the date of denial or revocation, or from the date of correction of the reason for denial or revocation if, in its sole discretion, the City so permits.

The City shall suspend a permit for a period not to exceed thirty (30) days if it determines that an operator, or an employee of an operator, has:

A. Violated or is not in compliance with any provision of this Chapter;

B. Been under the influence of drugs or alcoholic beverages while working in the sexually oriented business premises;

C. Refused to allow an inspection of the business premises as authorized by this Chapter;

D. Negligently permitted the use of alcohol or drugs on the premises by a customer;

E. Engaged in permit transfer contrary to Section 12.2200.2214 of this Chapter, and in such event, the suspension shall remain in effect until the requirements of said Section have been fully met;

F. Operated the sexually oriented business in violation of the hours of operation set forth in Section 12.2200.2205; or

G. Knowingly employs a person who does not have a valid license as required by this Chapter.

A. The City shall revoke a permit upon determining that:

1. An operator gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity of obtaining a permit;
2. An operator has knowingly allowed the possession, use or sale of alcohol or drugs on the premises;
3. An operator has knowingly allowed prostitution or the solicitation of a sex act to occur on the premises;
4. An operator has operated the sexually oriented business during a period of time when the permit was under suspension;
5. An operator is convicted of a "specified criminal" act which would have been grounds for denial of the permit if it had occurred prior to issuance of a permit;
6. An operator is convicted of tax violations for any taxes or fees related to a sexually oriented business;
7. An operator knowingly allows any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur within or in the parking lot of the permitted premises;
8. A cause for suspension arises and the permit has been suspended previously within the preceding twelve (12) months.

B. An operator, where the operator is the owner or permit holder, shall be presumed to have constructive notice of any violation of which an employee, custodian, manager, or person in charge may be guilty, regardless of actual notice. Revocation by the City of a permit shall continue for one (1) year, and an operator shall not be issued a sexually oriented business permit for one (1) year from the date a revocation becomes effective. Where deemed appropriate by the City, a revocation may be terminated upon correction by the operator of the basis for revocation, provided at least ninety (90) days have elapsed since the date revocation became effective.

After denial of an application, whether initial or renewal, and after suspension or revocation of a permit, the applicant or operator may seek prompt review of such administrative action through the City Council. If the administrative action is affirmed by the City Council upon review, the administrative action may be promptly reviewed by the court.

A. An operator shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for the permit. An operator shall not transfer his permit to another unless the following requirements are fully met:

1. The permit is amended by the City after receipt of a completed application from the transferee setting forth the information called for in Section 12.2200.2205 of this Chapter; and
2. A transfer fee of twenty (21) percent of the annual permit fee is tendered by the transferee.

B. No permit may be transferred after the City has notified an operator that suspension or revocation proceedings have been or will be brought against the operator. Any attempt to transfer a permit in violation of this Section is hereby declared void and the permit shall be deemed revoked.

A. Each individual employed in a sexually oriented business shall be licensed by the City upon approval of an application providing the following information:

1. The applicant's name, date and place of birth, height, weight, hair and eye color, permanent residence address and telephone number;
2. State driver's license number and social security number;
3. The applicant's fingerprints on a form provided by the Iron County Sheriff's Department;
4. A statement as to the applicant's convictions, if any, of a "specified criminal" act as identified in Section 12.2200.2207 (H) of this Chapter; and
5. A statement as to whether applicant has been denied the right to be employed or continue to be employed in a sexually oriented business in any other municipality.

B. A license granted pursuant to this Section shall be subject to annual renewal upon written application and finding by the City that the applicant has not been convicted of any "specified criminal act" as defined by the Chapter or has not otherwise committed any act during the existence of the previous license period which would be grounds to deny the license application.

A. A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether a permit has been issued for said business under this Chapter, and knowingly or reasonably should have known that any of the following has been permitted or allowed:

1. A person under eighteen (21) years of age has been admitted to or allowed on the business premises unless accompanied by a parent or guardian or allowed to purchase goods or services without the specific consent of that parent or guardian. No person under that age shall work at the business premises.
2. No materials, products or performances available in a sexually oriented business shall be displayed or otherwise exhibited in any advertising which is visible outside the premises. This prohibition shall not apply to advertising which is merely declaratory of the existence or location of such sexually oriented business.
3. All off-street parking areas and premise entries of a sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) candle foot of light on the parking surface and/or walkways, in order to aid in the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.
4. No portion of the interior premises of a sexually oriented business shall be visible from outside the premises.
5. No sexually oriented business shall remain open for business, nor shall sales be solicited or made, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
6. No person shall perform any function for a fee or be otherwise employed in any manner on the premises of a sexually oriented business without having that license required by this Chapter in current good standing.
7. No one shall distribute, sell, or offer to sell, for commercial purposes, any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments or paraphernalia shall include, but not be limited to, phallic-shaped vibrators, dildos, muzzles, whips, chains, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry), or devices intended primarily for the infliction of pain.
8. All requirements and restrictions of this Chapter and any applicable laws of the State of Utah shall be fully complied with at all times.

B. In addition to those penalties provided by State statute for a misdemeanor, if any person fails or refuses to obey or comply with or violates any of the prohibitions or criminal provisions of this Chapter, the City may take such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but not be limited to, an equitable action for injunctive relief or an action at law for damages.

C. All remedies and penalties provided for in this Chapter shall be cumulative and independently available to the City. Each violation or non-compliance shall be considered a separate and distinct offense, and each day of continued violation or non-compliance shall be considered as a separate offense.

D. If any section, subsection or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity with the remaining section, subsection and clauses shall not be affected thereby.