It is the intent of this chapter 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. It is neither the intent nor the effect of this chapter to impose limitations or restrictions of the content of any communicative material, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sex-oriented materials or to deny access by the distributors or exhibitors of sex-oriented businesses to their intended market. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city or county ordinance, or any state statute, regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Code 1992, § 17.37.010; Ord. No. 15-1998, § 1(part), 1998)

Based on evidence presented regarding the detrimental social and economic effects on persons and properties immediately surrounding established sex-oriented businesses, and after having reviewed said evidence and studies, the city council believes the following statements to be true:

A.

Sex-oriented businesses increased crime in general and sex-related crimes in particular.

B.

Crime rates are higher in residential areas surrounding sex-oriented businesses than in commercial or industrial areas surrounding sex-oriented businesses.

C.

Crime rates are higher in areas where sex-oriented businesses are closely situated to one another than in areas where sex-oriented businesses are separated from one another.

D.

The presence of sex-oriented businesses in close proximity to residential areas has been shown to reduce property values in those areas.

E.

The image of the city as a pleasant and attractive place to reside and to conduct business will be adversely affected by the presence of sex-oriented businesses in close proximately to residential uses, religious institutions, parks and schools.

F.

Sex-oriented businesses should be regulated to prevent deterioration and/or degradation of the vitality of the community, but such regulations should give persons desiring to patronize such businesses an opportunity to do so.

G.

Sex-oriented businesses should be regulated through zoning or other mechanisms that will separate such businesses from those land uses with which they are incompatible.

H.

Sexually transmitted diseases, including AIDS, are a legitimate health concern of the city which require reasonable regulations of sexually oriented businesses in order to protect the health and wellbeing of its citizens.

I.

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

J.

General welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

(Code 1992, § 17.37.015; Ord. No. 15-1998, § 1(part), 1998)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Individual viewing area means a viewing area designed for occupancy by one person.

Owner or permittee means:

A.

The sole proprietor of a sex-oriented business;

B.

Any general partner of a partnership which owns and operates a sex-oriented business; or

C.

Any officer of, or person with a ten percent or greater interest in, a corporation which owns or operates a sex-oriented business.

Premises means the building occupied by a sex-oriented business, or the space in a building occupied by a sex-oriented business if the business does not occupy the entire building.

Regular and substantial course of conduct means:

A.

Devoting more than 15 percent of a total display area to the display of sex-oriented merchandise or sex-oriented material;

B.

Presenting any type of live entertainment characterized by an emphasis on specific sexual activity or specific anatomical parts, or performers, models or employees appearing in public in lingerie on any four or more separate days within any 30-day period; or

C.

Deriving at least 50 percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

School means any child or day care facility, or an institution of learning for minors, whether public or private, offering institutions in those courses of study required by the Wyoming Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

Sex-oriented bookstore means any establishment which, as a regular and substantial course of conduct, displays or distributes sex-oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical parts.

Sex-oriented business means any establishment which as a regular and substantial course of conduct performs or operates as a sex-oriented bookstore, sex-oriented theater, sex-oriented motion picture arcade, sex-oriented cabaret, sex-oriented motel/hotel, or sells or distributes sex-oriented merchandise or sex-oriented material, or any other establishment which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts but not including those uses or activities, the regulation of which is preempted by state law. The term "sex-oriented business" shall also mean any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place in lingerie.

Sex-oriented cabaret means a nightclub, bar, restaurant or similar establishment which features any type of live entertainment which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Sex-oriented hotel/motel means a hotel or motel which:

A.

As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or

B.

Rents, leases, or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.

Sex-oriented material means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts.

Sex-oriented merchandise means sex-oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Sex-oriented motion picture arcade means any establishment containing any manually operated, coin or slug operated, or electronically operated or controlled, still or motion picture or videotape machines, projectors, players or other image-producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical parts.

Sex-oriented motion picture theater means any business establishment which projects and presents motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Sex-oriented theater means a theater, concert hall, dance hall, auditorium, or similar establishment which features live performances which are distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specific anatomical parts.

Specified anatomical parts means:

A.

Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anal region, public hair region, or female breasts below a point immediately above the top of the areola; or

B.

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

Specified sexual activities means:

A.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, urophilia, zooerastia, zoophilial;

B.

Clearly depicted human genitals in a state of sexual simulation, arousal or tumescence;

C.

Use of human or animal ejaculation;

D.

Fondling of erotic or sexually oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast;

E.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

F.

Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being;

G.

Human excretion, urination, menstruation, vaginal or anal irrigation; or

H.

Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.

(Code 1992, § 17.37.020; Ord. No. 15-1998, § 1(part), 1998)

A.

Sexually oriented businesses shall be restricted to, and may be allowed to operate within the general industrial district, as defined and described in chapter 17.56, and in an area within 200 feet of any general industrial district boundary, except as is otherwise prohibited herein. A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any area other than the areas allowed herein.

B.

A person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business within the following restricted areas, to-wit:

1.

Within 500 feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2.

Within 500 feet of a public or private educational facility including, but not limited to, nursery schools, licensed day-care facilities 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 and/or community colleges, and universities, public library, public park and/or public sports and outdoor recreational areas; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

3.

Within 200 feet of a boundary of any residential district as defined in this Code.

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 500 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 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 property line of the lot or parcel containing the premises where a sexually oriented business is conducted, to the nearest property line of the lot or parcel of the premises, or a use listed in subsection B of this section. 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 sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the property line of the lot or parcel in which each business is located.

(Code 1992, § 17.37.025; Ord. No. 15-1998, § 1(part), 1998)

A misdemeanor is committed by 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 or booth of less than 150 square feet of floor space, a film, videocassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, if the person fails to comply with the following regulations:

A.

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

B.

At least one employee shall be on duty at all times that any patron is present inside the premises.

C.

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

D.

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

E.

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 foot candles as measured at the floor level.

F.

The illumination described above shall be maintained at all times that any patron is present in the premises.

G.

No openings of any kind shall be allowed to exist between viewing rooms or booths.

(Code 1992, § 17.37.030; Ord. No. 15-1998, § 1(part), 1998)

A.

It is a misdemeanor for a person who knowingly or intentionally appears, entertains or performs in a semi-nude condition in an adult theater or adult cabaret, unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage elevated at least two feet from the floor.

B.

It is a misdemeanor for a patron or customer to pay or give directly any gratuity to any employee, before, during or after an employee has performed or entertained in an adult theater or adult cabaret. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is at all times located separately from the performer.

C.

It is a misdemeanor for an employee, while semi-nude, to have physical contact with a customer or patron while on the premises. It is a misdemeanor for a customer to have physical contact with any employee while such employee is semi-nude in a sexually oriented business.

D.

Subsection A of this section shall not apply to an employee of a sexually oriented business, who, while acting in scope of their employment as a waiter, waitress, host, hostess or bartender comes within ten feet of a patron.

(Code 1992, § 17.37.035; Ord. No. 15-1998, § 1(part), 1998)

A person commits a misdemeanor if the person knowingly or with reasonable cause to know, permits or allows:

A.

A person under the age of 18 years to be admitted or remain on the premises of a sexually oriented business unless accompanied by a parent or guardian;

B.

A person under the age of 18 years to purchase goods or services at the business premises without the specific consent of a parent or guardian;

C.

A person under the age of 18 years to work at the business as an employee.

(Code 1992, § 17.37.040; Ord. No. 15-1998, § 1(part), 1998)

A person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business, except for an adult motel, and allows such business to remain open for business at any time between the hours of 2:00 a.m., and 6:00 a.m., of any particular day.

(Code 1992, § 17.37.045; Ord. No. 15-1998, § 1(part), 1998)

A.

A person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business, and advertises the presentation of or depicts or exhibits any activity prohibited by any applicable state statute or local ordinance.

B.

A person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business, and displays or otherwise exhibits materials or goods of such sexually oriented business in advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of sexually oriented business.

C.

Nothing contained in this section shall relieve any sexually oriented business from otherwise complying with any and all other signage requirements including, but not limited to, chapter 17.84 and any and all other county or state ordinances or statutes pertaining to advertising.

(Code 1992, § 17.37.050; Ord. No. 15-1998, § 1(part), 1998)

A person who operates or causes to be operated a sexually oriented business in violation of any section of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.

(Code 1992, § 17.37.055; Ord. No. 15-1998, § 1(part), 1998)

All ordinances or parts of ordinances in conflict with the provisions of this chapter are repealed.

(Code 1992, § 17.37.065; Ord. No. 15-1998, § 1(part), 1998)

The territorial jurisdiction of the regulations found in this chapter shall include all of the incorporated lands located within the city, and pursuant to W.S. 1977, 15-3-202, such other territory peripheral to the city which is located within one-half mile of the corporate limits.

(Code 1992, § 17.37.070; Ord. No. 15-1998, § 1(part), 1998)