(a)

Definitions.

Adult entertainment use. Adult entertainment establishments are sexually oriented businesses shall include:

a.

Adult arcade. An establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly used to show 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:

b.

Adult bookstore. Also adult novelty store or adult video store. An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one (1) or more of the following:

i.

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

ii.

Instruments, devices, or paraphernalia that are designed for use in connection with sexual activities.

c.

Adult cabaret. A night club, bar, restaurant, or similar establishment that regularly or occasionally features live performances that are characterized by the exposure of specified anatomical areas.

d.

Adult motel. A motel, hotel, or similar commercial establishment which offers public accommodations, for any form of consideration, and also offers patrons closed-circuit television transmission, films, motion video, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this type of entertainment by means of a sign visible from the public right-of-way, or by means or any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television.

e.

Adult motion picture theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or other similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

f.

Adult theater. Any theater, concert hall, auditorium, or similar commercial establishment which, for any form of compensation regularly features persons who expose specified anatomical areas in live performances.

g.

Escort or modeling agency. A person or business association, who furnishes, offers to furnish or advertises to furnish escorts or models as herein defined, as one of its primary purposes for a fee, tip, or other compensation.

h.

Massage parlor. Any establishment where, for any form of consideration or gratuity, the administering of massage, alcohol rub, administering of fomentations, electric or magnetic treatments, or any other treatment and manipulation of the human body is performed by a person or persons who exposes specified anatomical areas.

i.

Other adult entertainment uses. Any live exhibition, performance, display or dance of any type, including but not limited to talking, singing, reading, listening posing, serving food or beverages, soliciting for the sale of food, beverages, products or entertainment, pantomiming, modeling, removal of clothing, or any services offered for amusement on any premises to which the public, patrons, or members are invited or admitted, including any private club or membership organization, and including but not limited to business establishments identified as an adult arcade, escort agency, juice bar, coffee shop, cigar shop, victualer, nude modeling studio, sexual encounter center, massage parlor, or similar or like business establishments.

Escort or model. A person who, for any form of consideration, agrees or offers to privately perform strip teases which expose specified anatomical areas or offers or agrees to model lingerie or other types of clothing which expose specified anatomical areas.

Specified anatomical areas. This term means and includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or

b.

Human make genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. This term means and includes any of the following:

a.

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

b.

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

c.

Masturbation, actual or simulated; or

d.

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

(b)

Additional provisions. Adult entertainment uses shall be prohibited in all zoning districts in Hopkinton except in the Industrial Zones in the town and only upon the grant of a special use permit by the Hopkinton Zoning Board of Review in accordance with Section 10 and Section 11 of the Hopkinton Zoning Ordinance. Additionally, such a special use permit shall not be granted unless each of the following standards have been met:

(1)

The application for a special use permit pursuant to this ordinance shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.

(2)

A site plan, prepared by the proper design professional, currently licensed in the State of Rhode Island and holding a valid and current certificate of authorization, in accordance with all applicable state statutes which shall show:

a.

All existing and proposed buildings,

b.

Existing and proposed parking spaces,

c.

Existing and proposed driveways and access points,

d.

Existing and proposed service areas and other open uses,

e.

All distances and information outlined in Section 4(a) through (e),

f.

Distances between the proposed adult entertainment establishment and any residential zoning district, public and/or private schools, churches or other religious facilities, public park and/or recreation areas, group day care centers, family day care centers, nursing homes, hospitals, penal institutions, and any other adult entertainment establishments.

(3)

All building openings, entries, and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

(4)

No use shall be allowed to display for advertisement or other purposes any signs, placards, or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any explicit figures or words concerning specified anatomical areas of sexual activities as defined herein.

(5)

No use permitted under this section shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.

(6)

No use permitted under this section shall be allowed within a building containing other retail, consumer or residential uses.

(7)

No use permitted under this section shall be allowed within a shopping plaza, shopping center, or shopping mall.

(8)

All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations in Hopkinton Code of Ordinances and Zoning Code.

(9)

No use permitted under this section shall be allowed to have any flashing lights visible from outside the establishment.

(10)

No use permitted under this section shall be allowed a free-standing accessory sign.

(11)

No use permitted under this section shall be established prior to submission and approval of a site plan by the zoning board of review with the technical advice of the town zoning official. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The sit plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.

(12)

All uses permitted under this section shall comply fully with all licensing requirements of the Town of Hopkinton, including but not limited to all business and entertainment license requirements.

(c)

Conditions. The Hopkinton Zoning Board of Review may impose reasonable conditions, safeguards and limitations on time or use of any special use permit granted under this section and shall require that any such use permit granted herein shall be personal to the applicant, shall not run with the land and shall expire upon sale or transfer of the subject property.

(d)

Expiration. A special use permit granted under this section shall expire after a period of one (1) calendar year from its date of issuance and shall be automatically renewable for successive one-year periods thereafter, provided that a written request for such renewal is made to the Hopkinton Zoning Board of Review and that no objective to said renewal is made and sustained by the Hopkinton Zoning Board of Review based upon the public safety factors applied at the time that the original special use permit was granted pursuant to subsection (1), above.

(e)

Retroactive application. Each adult entertainment establishment and sexually oriented business in existence upon the initial reading date of this section shall apply for a special use permit within ninety (90) days of the adoption of this section.

(Ch. 177,, §§ 3—7, 10-3-05)