It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses and to regulate the signage to control the adverse effects of such signage and prevent inappropriate exposure to the community. This chapter by its terms is designed to prevent crime, protect the City's retail trade, maintain property values and generally protect and preserve the quality of the City's neighborhoods, commercial districts and the quality of life. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including 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 or effect of this chapter to condone nor legitimize the distribution of obscene material. This chapter is to be construed as a regulation of time, place and manner of the operation of these businesses consistent with the limitations provided by provisions of the United States and Utah constitutions.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

For the purpose of this chapter, the following terms shall have the meanings set forth below and shall apply in addition to the terms defined in chapter 3 of this title. Whenever a word or phrase used in this chapter is not defined herein or in chapter 3 of this title, but is defined in related sections of Utah Code Annotated or in other City ordinances or resolutions, such definitions are incorporated herein and shall apply as if set forth herein in full, unless the context clearly appears otherwise.

Business License Authority means the City Manager or designees.

Corridor means:

A.

I-15 frontage to City boundaries.

B.

SR-9 from I-15 east to the LaVerkin City limits, all inclusive.

C.

SR-59 from State Street to the east City limits, all inclusive.

D.

Highway 91 from SR-9 to the Leeds City limits.

E.

Telegraph Street from SR-9 to the west City limits.

F.

600 West from State Street West to 3600 West.

G.

3600 West from State Street North to 600 North.

H.

2600 West from State Street North to 600 North.

I.

700 West from State Street South to the City limits.

J.

Flora Tech Road from SR-9 to the south City limits.

K.

SR-318 from SR-9 to Highway 91, all inclusive.

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

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

Escort service means an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

Escort service runner means any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within the City, whether or not such third person is employed by such escort service, escort, patron or by another business, or is an independent contractor or self-employed.

Historic buildings or sites means those buildings or sites found on either the national or state historic registers or the City register of cultural and historic resources.

Nude and seminude dancing agency means any person, agency, firm, corporation, partnership, or any other entity or individual, which furnishes, books or otherwise engages or offers to furnish, book or otherwise engage the service of a professional dancer licensed pursuant to title 3, chapter 4 of this Code for performance or appearance at a business licensed for nude entertainment, seminude dancing bars or adult theaters.

Nude entertainment business means a business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of nudity or seminudity. A business shall also be presumed to be a nude entertainment business if the business holds itself out as such a business.

Nudity or state of nudity means a state of dress in which the nipple and areola of the female breast, or male or female genitals, pubic region or anus are covered by less than the covering required in the definition of "seminude."

Outcall services means services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including, but not limited to, escorts, models, dancers and other similar employees.

Patron means any person who contracts with or employs any escort services or escort, or the customer of any business licensed pursuant to title 3, chapter 4 of this Code.

Pecuniary compensation means any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration.

Person means any person, unincorporated association, corporation, LLC, partnership or other legal entity.

Public park means a park, playground, swimming pool, golf course, bike or jogging path, or athletic field within the City which is under the control, operation or management of the City.

Religious institution means a building which is used primarily for religious worship and related religious activities.

School means an institution of learning or instruction primarily catering to minors, whether public or private. This definition shall include daycares, preschools, nursery schools, kindergarten, elementary schools, junior high schools, middle high schools, senior high schools or any special institution of learning under the jurisdiction of the state department of education.

Seminude means a state of dress in which opaque clothing covers no more than the nipple and areola of the female breast, and the male or female genitals, pubic region and anus shall be fully covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point.

Sexually oriented business means those businesses defined as follows:

Adult arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult bookstore, adult novelty store or adult video store. A commercial establishment which has as a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:

A.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

B.

Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

C.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

Adult cabaret. A nightclub, bar, restaurant, "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

A.

Persons who appear nude or in a state of nudity or seminude;

B.

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

C.

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

Adult motel. A motel, hotel or similar commercial establishment which:

A.

Offers public accommodations, for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, 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 sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

B.

Offers a sleeping room for rent for a period of time less than ten hours; or

C.

Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours.

Adult motion picture theater. A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

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 sexual activities" or "specified anatomical areas."

Massage parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas." The definition of sexual oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

Nude entertainment business. A business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of nudity or seminudity. A business shall also be presumed to be a nude entertainment business if the business holds itself out as such a business.

Nude model studio. Any place where a person who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.

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

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

Sexual encounter establishment. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Specified anatomical area means 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 areolae; or

B.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means any of the following:

A.

The fondling or other intentional 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;

D.

Human genitals in a state of sexual stimulation, arousal or tumescence;

E.

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

F.

Excretory functions as part of or in connection with any of the activities set forth in subsections A through E of this definition.

Substantial enlargement of a sexually oriented business means increase in the floor areas occupied by the business by more than 15 percent, as the floor areas exist at the time the business receives its initial sexually oriented business license under the applicable City licensing provisions in effect at the time of initial issuance.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

A.

Industrial district. Sexually oriented businesses shall be permitted only in industrial (M-1 and M-2) zones as provided in chapter 16 of this title.

B.

Additional restrictions. Sexually oriented businesses are subject to the following additional restrictions:

1.

No sexually oriented business shall be located within a 1,000-foot radius of any church, park, school or residential zone as measured in a straight line, without regard to intervening structures or objects, from the property line of the school, park, religious institution or residential zone nearest the sexually oriented business and the property line of the sexually oriented business nearest the church, park, school or residential zone.

2.

No sexually oriented business shall be permitted to locate within 500 feet of any corridor, measured in a straight line, without regard to intervening structures or objects, from the property line of any corridor nearest the sexually oriented business nearest any gateway. If any block shall be surrounded on all four sides by a designated corridor, then no sexually oriented business shall be permitted in that block.

3.

No sexually oriented business shall be permitted within a 500-foot linear distance of any historic building or site, measuring a straight distance, without regard to intervening structures or objects, from the property line of the historic building or site nearest the sexually oriented business to the nearest property line of the sexually oriented business nearest the historic building or site.

4.

No sexually oriented business shall be permitted within a 1,000-foot radius from the intersection of any interchanges of SR-9 State Street or any interchanges of Interstate Highway 15 (I-15) and a City street within the limits of the City. The distance shall be measured in a straight line, without regard to intervening structures, from the I-15 side intersection of asphalt pavement (or other hard road base material) of the I-15 interchange and a City street to the property line of the sexually oriented business nearest the intersection. This subsection shall be interpreted to include all current and all future interchanges of I-15 within the limits of the City.

5.

No sexually oriented business shall be allowed within 1,000 feet linear distance of a tavern, as defined under Utah Code Annotated section 31A-1-105(61)(a) (and any amendments thereto), measuring a straight distance, without regard to intervening structures or objects from the nearest property line of the tavern to the nearest property line of the sexually oriented business.

Notes

1.

See also section 3-4-4 of this Code.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

A.

Distance. No sexually oriented business shall be allowed within 1,000 feet linear distance of another such business measuring a straight distance, without regard to intervening structures or objects, from the nearest property line of the one business to the nearest property line of the other business.

B.

Building or structure. Not more than one sexually oriented business shall be permitted to operate, be established or be maintained within the same building, structure or portion thereof.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

Notwithstanding anything to the contrary contained in chapter 36 of this title, or any amendments thereto, sexually oriented business signs shall be limited as follows:

A.

Number allowed. No more than one sign shall be allowed on sexually oriented business premises.

B.

Square feet. No sign on the sexually oriented business premises shall be allowed to exceed 18 square feet.

C.

Animation. No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises.

D.

Alphanumeric copy only. No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually oriented business sign. Sexually oriented business signs shall only contain alphanumeric copy.

E.

Flat wall signs. Only flat wall signs shall be permitted for any sexually oriented business.

F.

Painted prohibited. Painted signs and painted wall advertising shall not be allowed.

G.

Temporary signs and devices. Other than the signs specifically allowed by this section, a sexually oriented business shall not construct, or allow to be constructed, any temporary sign, banner, light or other device designed to draw attention to the business location.

H.

Prohibiting minors. Signs on front or near the entrance of the sexually oriented business, 24 inches by 24 inches, with letters of three inches or larger, prohibiting persons under the age of 18, with letters of contrasting color, shall be allowed.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

A.

Operator. It shall be unlawful and a person commits a class C misdemeanor, subject to penalty as provided in chapter 9 of this title, if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not an appropriate license has been issued for said business, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of 12:00 midnight and 11:00 a.m. of any particular day.

B.

Employee. It shall be unlawful and a person commits a class C misdemeanor, subject to penalty as provided in chapter 9 of this title, if working as an employee of a sexually oriented business, regardless of whether or not an appropriate license has been issued for said business, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service, between the hours of 12:00 midnight and 11:00 a.m. of any particular day.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

A person who operates or causes to be operated a sexually oriented business which is not in compliance with this chapter is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code and if an injunction must be sought, attorney fees and costs will be assessed at the discretion of the court against the sexually oriented business.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

A.

Enforcement. This title hereby requires that sexually oriented businesses shall be permitted only as provided in sections 10-47-3 and 10-47-4 of this chapter. Licenses for sexually oriented businesses shall be required and governed by the procedures and policies specified under title 3, chapter 4 of this Code for sexually oriented businesses.

B.

Misdemeanor. In addition, any sexually oriented business shall be subject to the following restrictions:

1.

The person commits a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code, if he operates or causes to be operated a sexually oriented business in violation of sections 10-47-3 and 10-47-4 of this chapter.

2.

A person commits a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code, if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business within the same building, structure or portion thereof, as provided in subsection 10-47-4B of this chapter, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)