(a)

Purpose. It is the purpose of this article 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 deleterious location and concentration of sexually oriented businesses within the city. The provisions of this article have neither the 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 nor effect of this article 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 article to condone or legitimize the distribution of obscene material.

(b)

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and City of Erie v. Pap's A.M., 120 S.Ct. 1382 (2000), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds:

(1)

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

(2)

Certain employees of sexually oriented businesses defined in this article as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

(3)

Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

(4)

Offering and providing such space encourages such activities, which creates unhealthy conditions.

(5)

Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

(6)

At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non-A, Non-B amebiasis, salmonella infections and shigella infections.

(7)

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States—Six hundred (600) in 1982; two thousand two hundred (2,200) in 1983; four thousand six hundred (4,600) in 1984; eight thousand five hundred fifty-five (8,555) in 1985; two hundred fifty-three thousand four hundred forty-eight (253,448) in 1992; and five hundred seventy-three thousand eight hundred (573,800) through June 1996.

(8)

As of June, 2000, there have been two thousand eight hundred sixty-five (2,865) reported cases of AIDS in the State of Arkansas.

(9)

Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Arkansas, four thousand seven hundred fifty-six (4,756).

(10)

The number of cases of early (less than one (1) year) syphilis in the United States reported annually has risen, with thirty-three thousand six hundred thirteen (33,613) cases reported in 1982 and forty-five thousand two hundred (45,200) through November of 1990.

(11)

The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million (500,000) cases being reported in 1990.

(12)

The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

(13)

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

(14)

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(15)

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

(16)

The findings noted in paragraphs number (1) through (15) raise substantial governmental concerns.

(17)

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

(18)

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

(19)

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theatres.

(20)

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

(21)

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

(22)

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this article is designed to prevent or who are likely to be witnesses to such activity.

(23)

The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this article.

(24)

The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.

(25)

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this article.

(Ord. No. 5923, § I, 12-20-00)

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or operated for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."

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 derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, any one (1) or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas"; or

(2)

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.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear semi-nude; or

(2)

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

(3)

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 means a hotel, motel or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, digital video discs (DVDs)/players, or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either:

(2)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, digital video discs (DVDs), or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of "specified anatomical areas" or "specified sexual activities."

Employee, employ, and employment describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or other status and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip, or other consideration.

Establish or establishment means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The additions of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

Operate or cause to be operated means to cause to function or to put or keep in a state of doing business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is the owner, part owner, or licensee of the business.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Semi-nude or in a semi-nude condition means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

Semi-nude model studio means any place where a person who appears semi-nude is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Semi-nude model studio shall not include a proprietary school licensed by the State of Arkansas 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:

(1)

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

(2)

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

(3)

Where no more than one (1) semi-nude model is on the premises at any one (1) time.

Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities." The definition of sexual encounter establishment or any 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.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio, or sexual encounter center.

Specified anatomical areas means:

(1)

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2)

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

Specified criminal activity means any of the following offenses:

(1)

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

(2)

For which:

a.

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b.

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

(3)

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

Specified sexual activities means any of the following:

(1)

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

(2)

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

(3)

Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.

Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five (25) percent, as the floor areas exist on the date this article takes effect.

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 other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Zoning administrator shall mean the city zoning administrator or his/her designee.

(Ord. No. 5923, § II, 12-20-00)

Sexually oriented businesses are classified as follows:

(1)

Adult arcades;

(2)

Adult bookstores, adult novelty stores, or adult video stores;

(3)

Adult cabarets;

(4)

Adult motels;

(5)

Adult motion picture theaters;

(6)

Adult theaters;

(7)

Escort agencies;

(8)

Semi-nude model studios; and

(9)

Sexual encounter centers.

(Ord. No. 5923, § III, 12-20-00)

(a)

It is unlawful:

(1)

For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this article.

(2)

For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this article.

(3)

For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this article.

(b)

An application for a license must be made on a form provided by the city. All applicants must be qualified according to the provisions of this article.

(c)

An applicant for a sexually-oriented business license or a sexually oriented business employee license shall file with the zoning administrator a completed application on a form prescribed and provided by the zoning administrator. An application shall be considered complete if it contains the information required in this section. The application may request and the applicant shall provide such information as requested by the city to enable the city to determine whether the applicant meets the qualifications established in this article. The application must be notarized and shall contain the following:

(1)

The full true name and any other names used in the preceding five (5) years, residence address of applicant and current business address.

(2)

A set of fingerprints (to be taken by police department) and social security number, to be used for conducting necessary background checks.

(3)

If the application is for a sexually oriented business license, the name, location, legal description of tract of land on which establishment is to be located, business mailing address and telephone number of the proposed sexually oriented business. (Proof of fee ownership of tract of land on which the establishment is to be situated in the form of a copy of the recorded deed shall be required to accompany the application form. If the person(s) identified as the fee owner(s) of the tract of land is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business).

(4)

Written proof of age, in the form of either a certified copy of a birth certificate and current photograph, a current driver's license with picture, or other official picture identification and age verification document issued by a governmental agency.

(5)

The issuing jurisdiction and the effective dates of any current or previous license or permit held by the applicant relating to a sexually oriented business, whether any such license or permit has been denied to applicant, whether any such license or permit has been revoked or suspended, and, if so, the reason or reasons therefor.

(6)

Whether the applicant has been convicted of a specified criminal activity as defined in this article, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

(7)

If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to paragraphs (1)—(7) of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the zoning administrator within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, such as a corporation, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as an applicant. Each applicant must be qualified under section 29-205 and each applicant shall be considered a licensee if a license is granted.

(e)

A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license.

(f)

The application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

(1)

A site plan, drawn to scale, which provides the legal description of the property of the existing structure or proposed structure in which the sexually oriented business is to be located and the distance of said structure from all property lines, streets, and all other structures located on the same parcel;

(2)

The existing and/or proposed paved parking to be provided for the proposed use, and the location and dimensions of the driveway access from the street to the existing or proposed parking; and,

(3)

In the case of new construction or substantial reconstruction, the application shall be accompanied by three (3) sets of building construction plans prepared by an architect or engineer licensed by the State of Arkansas.

(4)

A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand (1,000) feet of the property to be certified and the property lines of any established religious institution/synagogue, school, residential district, residentially-used lot, hospital, nursing home or public park or recreation area within five hundred (500) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

(g)

Proof of payment of the application investigation fee to the city collector's office as required by this article.

(h)

The information provided by an applicant in connection with the application for a license hereunder shall be maintained by the zoning administrator on a confidential basis, and may be disclosed only: (1) to other governmental agencies in connection with a law enforcement or public safety function, or (2) as may otherwise be required by law or court order.

(Ord. No. 5923, § IV, 12-20-00)

(a)

Employee license application. Upon the filing of said application for a sexually oriented business employee license, the city shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:

(1)

The applicant has failed to provide information as required by section 29-204 for issuance of the license.

(2)

The applicant is under the age of eighteen (18) years;

(3)

The applicant has been convicted of a "specified criminal activity" as defined in this article;

(4)

The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this article; or

(5)

The applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued shall remain valid during the pendency of any appeal. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in section 29-211.

(b)

A sexually oriented business employee license shall contain a photograph of the licensee and the employee shall keep the sexually oriented business employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official.

(c)

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 29-206.

(d)

Business license application. Upon the filing of a sexually oriented business application, the city shall refer said application to the appropriate city departments for review of such information as is contained on the application. If an application is found to be incomplete, the applicant will be notified of deficiencies within twenty (20) days of initial submission. Within forty-five (45) days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant.

(1)

If a sexually oriented business application involves new construction or substantial reconstruction, any approval is preliminary and will not be finalized until the new construction or substantial reconstruction is complete and is in compliance with all applicable laws and ordinances. Preliminary approval of a sexually oriented business application which involves new construction or substantial reconstruction will be granted, if the applicant otherwise qualifies, for a period not to exceed six (6) months at which time said construction shall be completed and in compliance with all applicable laws and ordinances. If said six (6) month time period is exceeded, the application must be resubmitted, except that the city may grant an extension of up to six (6) months in three (3) month increments if evidence is submitted that uncontrollable or unforeseen circumstances not caused by the applicant have prevented completion of said new construction.

(2)

The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:

a.

An applicant is under eighteen (18) years of age.

b.

An applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.

c.

An applicant has failed to provide information as required by section 29-204 for issuance of the license.

d.

An applicant or a business entity for which the applicant had, at the time of an offense leading to a criminal conviction described herein, a management responsibility or a controlling interest has been convicted of a specified criminal activity as defined in this article. The fact that the conviction has been appealed shall have no effect.

e.

The applicant has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

f.

The license application fee required by this article has not been paid.

g.

An applicant has falsely answered a question or a request for information on the application form.

h.

The premises to be used for the sexually oriented business have not been approved by the health department, fire department, the building official and zoning official as being in compliance with applicable laws and ordinances.

i.

The proposed sexually oriented business is located in a zoning district other than a district in which sexually oriented businesses are allowed to operate under the zoning ordinances of the city or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning district(s).

(3)

An applicant ineligible for a license due to paragraph (2)d. of this section may qualify for a sexually oriented business license only when the time period required by the applicable provision has elapsed.

(4)

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 that applicant, 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 easily read at any time.

(5)

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 29-206.

(6)

The zoning official shall complete his or her certification that the proposed site of the sexually oriented business is in compliance or not in compliance with the appropriate laws and ordinances within ten (10) days of receipt of the application by the city.

(7)

The police department shall complete its investigation within thirty (30) days of receipt of the application by the city.

(8)

The health department, fire department, building official and zoning official shall complete their certification that the premises is in compliance or not in compliance within thirty (30) days of receipt of the application by the city. In the case of new construction or substantial reconstruction, the health department, fire department and building official shall complete their certification that the building plans are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the city, and upon completion of the newly constructed or reconstructed premises, that they are in compliance or not in compliance within twenty (20) days of notification of completed construction.

(9)

A sexually oriented business license shall issue for only one (1) classification as found in section 29-203.

(Ord. No. 5923, § V, 12-20-00)

(a)

Every application for a sexually oriented business license shall be accompanied by a non-refundable five hundred dollar ($500.00) initial application and investigation fee. Renewals which contain no change in applicants or reported applicant status shall be accompanied by a two hundred fifty dollar ($250.00) renewal investigation fee.

(b)

In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the city an annual non-refundable license fee of one thousand dollars ($1,000.00).

(c)

Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual seventy-five dollar ($75.00) non-refundable application, investigation, and license fee.

(d)

All license applications and fees shall be submitted to the city collector.

(Ord. No. 5923, § VI, 12-20-00)

(a)

An applicant, operator or licensee shall permit law enforcement officers, and any other federal, state, county or city agency in the performance of function connected with the enforcement of this article, normally and regularly conducted by such agencies, to inspect those portions of the premises of a sexually oriented business which patrons or customers are permitted to occupy for the purpose of ensuring compliance with this article, at any time the business is occupied or open for business.

(b)

The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(c)

A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. No. 5923, § VII, 12-20-00)

(a)

Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 29-204. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

(b)

When the city denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.

(c)

In the event a licensee appeals the non-renewal of a license, the status quo immediately prior to non-renewal shall be maintained throughout the pendency of the appeal, up to an including judicial review on the merits as set forth in section 29-211.

(Ord. No. 5923, § VIII, 12-20-00)

(a)

The city shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:

(1)

Violated or is not in compliance with any section of this article;

(2)

Refused to allow an inspection of the sexually oriented business premises as authorized by this article.

(b)

In the event a licensee appeals the suspension of a license, the status quo immediately prior to non-renewal shall be maintained throughout the pendency of the appeal, up to an including judicial review on the merits as set forth in section 29-211.

(Ord. No. 5923, § IX, 12-20-00)

(a)

The zoning administrator shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in section 29-209 occurs and the license has been suspended within the preceding twelve (12) months.

(b)

The zoning administrator shall issue a written statement of intent to revoke a sexually oriented business license if the officer determines that:

(1)

A licensee gave false or misleading information in the material submitted during the application process;

(2)

A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;

(3)

A licensee has knowingly allowed prostitution on the premises;

(4)

A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(5)

A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises. This subsection shall not apply to an adult motel, unless the licensee knowingly allowed sexual activities to occur either (a) in exchange for money, or (b) in a public place or within public view.

(c)

The fact that a conviction is being appealed shall have no effect on the revocation of a license.

(d)

When, after notice and opportunity for a hearing as described in section 29-211, the zoning administrator revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation becomes effective, provided that, if the conditions of section 29-211(b) are met, a provisional license will be granted pursuant to that section. If, subsequent to revocation, the zoning administrator finds that the basis for the revocation found in subsections (b)(1) and (b)(4) of this section has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.

(Ord. No. 5923, § X, 12-20-00)

(a)

If the zoning administrator determines that facts exist for denial, suspension, or revocation of a license under this article, the zoning administrator shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the zoning administrator. Within five (5) working days of receipt of such notice, the respondent may appeal the decision of the zoning administrator regarding a denial, suspension, or revocation to the city council by filing a written notice of appeal with the city clerk's office. The respondent shall include a written statement or memorandum setting out fully why the license or permit should not be denied, suspended or revoked. The city council or a subcommittee thereof shall conduct a hearing within ten (10) days of the filing of the notice of appeal and the full council shall at its next regular meeting either vote to uphold or overrule the director's decision unless sooner resolved in favor of the respondent. If the zoning administrator's decision is upheld by the city council, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(b)

Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the city's enforcement of the denial, suspension, or revocation, the status quo immediately prior to the decision to deny, suspend or revoke a license shall be maintained until a court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise enjoin the city's enforcement.

(Ord. No. 5923, § XI, 12-20-00)

A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(Ord. No. 5923, § XII, 12-20-00)

(a)

A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than I-1 Light Industrial, I-2 Heavy Industrial, or I-3 General Industrial, as defined, described and permitted in chapter 29, Zoning, of the Code of Ordinances of the City of Pine Bluff, Arkansas.

(b)

A person commits an offense if the person operates or causes to be operated a sexually oriented business within five hundred (500) feet of:

(1)

A boundary of any type of residential district set forth in chapter 29 of the Pine Bluff Code of Ordinances;

(2)

The property line of a lot or land parcel that is devoted to an existing residential use, structure or dwelling as defined in chapter 29 of the Code of Ordinances of the City of Pine Bluff, to include single-family detached dwellings, single-family attached dwellings, manufactured homes, mobile homes, garage apartments, duplex dwellings, multi-family dwellings, college housing, dormitories, and fraternity or sorority houses.

(3)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(4)

A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(5)

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

(6)

A hospital or nursing home.

(c)

A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.

(d)

A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one (1) sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

(e)

For the purpose of subsection (b) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line 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.

(f)

For purposes of subsection (c) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(g)

Any sexually oriented business lawfully operating on December 20, 2000, that is in violation of subsection (a) through (f) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

(h)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection (b) of this section within five hundred (500) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. No. 5923, § XIII(1), 12-20-00)

(a)

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishments has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.

(b)

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented license, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.

(c)

For purposes of subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. No. 5923, § XIII(2), 12-20-00)

(a)

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit 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 should be oriented to the north or to some designated street or object and should 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 (6) inches. The city 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.

(2)

The application shall be sworn to be true and correct by the applicant.

(3)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the city.

(4)

It is the duty of the licensee of the premises to ensure that at least one (1) licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(5)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager'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 from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(6)

It shall be the duty of the licensee to ensure that the view area specified in subsection (5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 in the application filed pursuant to subsection (1) of this section.

(7)

No viewing room may be occupied by more than one (1) person at any time.

(8)

The 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 (5.0) foot-candles as measured at the floor level.

(9)

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(10)

No licensee shall allow openings of any kind to exist between viewing rooms or booths.

(11)

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

(12)

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

(13)

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(14)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight (48) inches of the floor.

(b)

A person having a duty under subsections (1) through (14) of subsection (a) above commits a misdemeanor if he knowingly fails to fulfill that duty.

(Ord. No. 5923, § XIV, 12-20-00)

(a)

An escort agency shall not employ any person under the age of eighteen (18) years.

(b)

A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

(Ord. No. 5923, § XV, 12-20-00)

(a)

It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or engages in specified sexual activities.

(b)

It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten (10) feet from any patron or customer and on a stage at least two (2) feet from the floor.

(c)

It shall be a misdemeanor for an employee, while nude or semi-nude in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity directly to any employee, while said employee is nude or semi-nude in a sexually oriented business.

(d)

It shall be a misdemeanor for an employee, while nude or semi-nude, to knowingly and intentionally touch a customer or the clothing of a customer, or for a patron to touch a nude or semi-nude employee or the clothing of a nude or semi-nude employee while the employee is on the sexually oriented business premises.

(Ord. No. 5923, § XVII, 12-20-00)

(a)

A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen (18) years on the premises of a sexually oriented business.

(b)

It shall be the duty of the person(s) who operate(s) or cause(s) a sexually oriented business to be operated to prohibit any person under the age of eighteen (18) from entering the sexually oriented business. It shall be presumed that the person who operates or causes a sexually oriented business to be operated knew a person was under the age of eighteen (18) unless such person asked for and was furnished a valid operator's, chauffeur's or commercial operator's driver's license, or, was furnished a valid personal identification issued by a state reflecting that the individual in question is eighteen (18) years of age.

(Ord. No. 5923, § XVIII, 12-20-00)

No sexually oriented business, except for an adult motel, may remain open at any time on Sundays or between the hours of 1:00 a.m. and 7:00 a.m. on weekdays and Saturdays.

(Ord. No. 5923, § XIX, 12-20-00)

(a)

It shall be unlawful for a person who operates or causes a sexually oriented business to be operated to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

(b)

It shall be unlawful for a person who operates or causes a sexually oriented business to be operated to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this article.

(c)

A violation of any provision of this section shall constitute a misdemeanor.

(Ord. No. 5923, § XX, 12-20-00)

(a)

Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for a person who operates or causes a sexually oriented business to be operated or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign, as provided herein.

(b)

Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:

(1)

Not contain any flashing lights;

(2)

Be a flat plane, rectangular in shape;

(3)

Not exceed seventy-five (75) square feet in area; and

(4)

Not exceed ten (10) feet in height or ten (10) feet in length.

(c)

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.

(d)

Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

(e)

Secondary signs shall have only one (1) display surface. Such display surface shall:

(1)

Be a flat plane, rectangular in shape;

(2)

Not exceed twenty (20) square feet in area;

(3)

Not exceed five (5) feet in height and four (4) feet in width; and

(4)

Be affixed or attached to any wall or door of the enterprise.

(f)

The provisions of item (1) of subsection (b) and subsection (c) and (d) shall also apply to secondary signs.

(g)

Violation of any provision of this section shall constitute a misdemeanor.

(Ord. No. 5923, § XXI, 12-20-00)

(a)

The sale, use, or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.

(b)

Any violation of this section shall constitute a misdemeanor.

(Ord. No. 5923, § XXVII, 12-20-00)

(a)

Any notice required or permitted to be given by the zoning administrator or any other city office, division, department or other agency under this article to any applicant or person who operates or causes a sexually oriented business to be operated may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent business address as specified in the application for the license, or any notice of business address change that has been received by the zoning administrator. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the zoning administrator or his designee shall cause it to be posted at the principal entrance to the establishment.

(b)

Any notice required or permitted to be given to the city council or by any person under this article shall not be deemed given until and unless it is received in the office of the city clerk.

(c)

Any notice required or permitted to be given to the zoning administrator by any person under this article shall not be deemed given until and unless it is received in the office of the zoning administrator.

(d)

It shall be the duty of each applicant or licensee to furnish notice to the zoning administrator in writing of any change of residence or business mailing address.

(Ord. No. 5923, § XXVII, 12-20-00)

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 29-121 of this article is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of five hundred dollars ($500.00). Each day a sexually oriented business so operates is a separate offense or violation.

(Ord. No. 5923, § XX, 12-20-00)

Each section and provision of this article is hereby declared to be an independent division and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said article, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid.

(Ord. No. 5923, § XXI, 12-20-00)

This article shall be enforced from and after December 20, 2000.

(Ord. No. 5923, § XXII, 12-20-00)