The following words and phrases, when used in this Chapter shall have the meanings respectively ascribed to them:

Adult Arcade—Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Bookstore/Video Store—An establishment, which has a substantial portion (ten (10) percent or more of gross floor area) of its stock-in-trade and offers for sale or rent, for any form of consideration, any one (1) or more of the following:

a.

Books, magazines, periodicals or other printed matter, or films, motion pictures, photographs, slides, DVD's, video cassettes, or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

b.

Devices, instruments, or paraphernalia, which are designed for use in connection with "specified sexual activities."

Adult Cabaret—A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity or semi-nudity; or

b.

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

c.

Films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Motel—A hotel, motel, or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and

b.

Offers a sleeping room for rent for a period of time that is less than eight (8) hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than eight (8) hours.

Adult Motion Picture Theater—A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions that are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

Adult Novelty Store—Any retail store specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing "specified sexual conduct" or used in connection with "specified sexual conduct."

Adult Theater—A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

Establishment—Any business regulated by this section.

Nude Model Studio—Any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Wyoming or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:

a.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

b.

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

c.

Where no more than one nude or semi-nude model is on the premises at any one time.

Nudity or a State of Nudity—The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or a state of dress failing to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.

Semi-Nude—A state of dress in which clothing covers no more than the genitals, pubic region, or areola of the female breast, as well as any portion of the body covered by supporting straps or devices.

Sexually Oriented Business—An inclusive term used to describe collectively: an adult arcade, adult bookstore, adult novelty store, video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude modeling, and other similar businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of "specified anatomical areas" or "specified sexual activities."

Specified Anatomical Areas—Means:

a.

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; or

b.

Human male genitals in a discernibly turgid state, even if completely covered.

Specified Sexual Activities—Means:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

b.

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

c.

Excretory functions as part of or in connection with any of the activities set forth in a. and b. above.

Video-Viewing Booth or Arcade Booth—Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or set patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means of media (including, but not limited to film, video or magnetic tape, laser disc, CD-ROM, books, magazines, or periodicals) for observation by patrons therein.

(Ord. No. 09-01, § 1, 8-19-09)

a.

No sexually oriented business shall be operated or located in any zoning district other than B-1 (General Business District) and I-1 (Light Industrial District) as defined in the City of Green River Zoning Ordinance.

b.

No sexually oriented business shall be operated or located within five hundred (500) feet of:

1.

Another sexually oriented business;

2.

Any religious institution;

3.

Any school, public or private, or a state licensed daycare center;

4.

Any public park, amusement park, arcade, recreation center or recreation area;

5.

The boundary of any residential zone district;

6.

A boys' club, girls' club, or similar existing youth organization;

7.

Any library or museum; or

8.

A dwelling unit.

c.

No more than one sexually oriented business shall be operated or maintained in the same building, structure, or portion thereof.

d.

For the purposes of subsection b. of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the property line of the Zone Lot in which the sexually oriented business is located, to the nearest property line of the Zone Lot of the premises of a use listed in subsection b. Presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(Ord. No. 09-01, § 2, 8-19-09)

a.

Signs for sexually oriented business shall be limited as follows:

1.

All signs shall comply with the City of Green River Zoning Ordinance, Chapter 10;

2.

Prohibited signs shall include any sign attached to, or placed on, a vehicle or trailer parked on public or private property;

3.

No more than one exterior sign shall be allowed for each sexually oriented business;

4.

All signs shall comply with the City of Green River Urban Renewal Ordinance, Chapter 26;

5.

No sexually oriented business shall display publicly, including on signage, any explicit sexual material;

6.

Signs and sign structures may be illuminated provided, however, such illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or floodlights), or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign).

b.

To protect minors from exposure to obscene material, any business providing adult entertainment or material shall have in place at each entrance to such business a sign, no less than one square foot in size, stating, "Persons under 18 years of age shall not be admitted."

(Ord. No. 09-01, § 3, 8-19-09)

a.

All windows, doors and other apertures shall be permanently screened or otherwise obscured to prevent the viewing of the interior of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

b.

No sexually oriented business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" by display, decorations, sign, show window or other opening from any public view.

c.

No advertisement displays or merchandise available for sale or rent that includes or depicts explicit "sexual activities" or "specified anatomical areas" shall be visible from any public right-of-way.

d.

Hours of operation: No sexually oriented business, except for an adult motel, shall open for business between the hours of 2:00 a.m. and 6:00 a.m.

e.

Restrooms in any sexually oriented business shall not contain video viewing or video reproduction equipment.

f.

All sexually oriented businesses 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 (5) foot-candles as measure at the floor level. This level of illumination shall be maintained at all times that any patron is present in the sexually oriented business.

g.

All offstreet parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average range of maintained horizontal illumination of not less than two (2) and not more than ten (10) foot-candles of light on the parking surface and walkways. All lights are to be fully-shielded, and down focused that meet the IENSA standards. This required lighting level is established to reduce the incidence of vandalism and criminal conduct.

h.

No employee or owner of any sexually oriented business shall knowingly, or with reasonable cause to know, permit or allow a patron to commit in the sexually oriented business an act of "public indecency" as set forth in W.S. 6-4-201.

i.

All sexually oriented businesses for establishments with live entertainment shall comply with all of the operating standards including the following:

1.

Any live performance within a sexually oriented business shall only be permitted on a raised stage a minimum of eighteen (18) inches above the floor of the customer seating area. Customers shall be seated no closer than a six-foot horizontal distance from the stage. Customers shall not be permitted on stage at any time.

2.

All performers shall remain on the stage during the performance and physical contact between performers and customer shall not be permitted at any time on the premises.

3.

It shall be the duty of the owner, his agents or employees to ensure that all requirements of this subsection are enforced.

j.

All sexually oriented businesses which contain one or more adult video viewing booths shall comply with the following standards:

1.

The sexually oriented business shall be configured in such a manner that there is an unobstructed view from a manager's or employee's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subsection must be by direct line of sight from the manager or employee's station.

2.

A least one employee shall be on duty at all times while any patron is present inside the sexually oriented business.

3.

All video viewing booths shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and at all times, no patron shall be permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

4.

No video viewing booth may be occupied by more than one person at any time.

5.

No openings of any kind shall exist between video viewing booths.

(Ord. No. 09-01, § 4, 8-19-09)

a.

An owner or operator of an adult entertainment establishment shall permit a representative of the Green River Police Department, Department of Community Development, County Health Department, and the Green River Fire Department to inspect the premises of a sexually oriented business for insuring compliance with the law, at any time it is occupied or open for business.

b.

A person who operates a sexually oriented business or his agent or employee commits a violation if he/she refuses to permit a lawful inspection of the premises by a representative of the City as outlined in paragraph a. above, at any time it is occupied or open for business. (W.S. 15-1-512)

c.

The provisions of these sections do not apply to areas of an adult motel, which are currently being rented by customers for use as permanent or temporary habitation.

(Ord. No. 09-01, § 5, 8-19-09; Ord. No. 09-02, § 1, 10-7-09)

Any adult-orientated business in existence in the City of Green River prior to the effective date of this ordinance that complies with all applicable legal and safety requirements is deemed to be a legal non-conforming use and subject to the regulations covering non-conforming uses as set forth in Chapter 9 of the Green River Zoning Ordinance.

(Ord. No. 09-01, § 6, 8-19-09)

If any section, subsection, or clause of this section or article shall be deemed unconstitutional or otherwise invalid, the validity of the remaining sections and clauses shall not be affected.

(Ord. No. 09-01, § 7, 8-19-09)

A person who operates or causes to operate a sexually oriented business in violation of any section or part of this section of the City of Green River Zoning Ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of not more than seven hundred fifty dollars ($750.00) per offense. Each day a sexually oriented business so operates is a separate offense or violation. (W.S. 15-1-512)

(Ord. No. 09-01, § 8, 8-19-09)

No person under the age of eighteen (18) shall be permitted in any sexually oriented business, to purchase goods or services at a sexually oriented business, or to work at a sexually oriented business as an employee.

(Ord. No. 09-01, § 9, 8-19-09)