(a)

Purpose and findings. It is the purpose 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 secondary effects of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation of restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or the corresponding provisions of the Louisiana Constitution, or to deny access by the distributors and exhibitors or sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

Accordingly, based on evidence of the adverse secondary effects of adult uses of sexually oriented businesses, and on findings with interpretations the city has made specific findings concerning the adverse secondary effects of sexually oriented businesses and the need for additional requirements for the operation of such businesses.

(b)

Definitions.

Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as defined herein.

Adult bookstore or adult video store. A commercial establishment in which at least twenty-five (25) percent of its stock-in-trade consists of books, videos, tapes, cassettes, photographs, slides, magazines, and other periodicals which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

Adult cabaret. A night club, bar, restaurant, or similar commercial establishment which features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.

Adult retail store. A business where at least twenty-five (25) percent of the stock-in-trade consists of items or products other than printed matter which are characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

Adult theater. Any theater, concert hall, auditorium or similar establishment with a capacity of more than five (5) persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein, or features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.

Child pornography means material depicting a person under the age of eighteen (18) engaged in sexual activity.

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

Escort agency. A person or commercial establishment who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

Massage center refers to a commercial business which is not licensed by the state as a massage business and which allows any person, including but not limited to its employees, for compensation, to manipulate soft tissue including effleurage (stroking), patrissage (kneading,) tapotement (percussion), compression, vibration, friction, (active/passive range of motion), Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.

Massagist means a person that is not licensed by the state as a massage therapist, and who, for compensation, manipulates soft tissue including effleurage (stroking), patrissage (kneading,) tapotement (percussion), compression, vibration, friction, (active/passive range of motion), Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.

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

Nudity or state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

Obscene is something extremely offensive under contemporary community standards of morality and decency; grossly repugnant to the generally accepted notions of what is appropriate; or if, taken as a whole, the material:

(1)

Appeals to the prurient interest in sex, as determined by the average person applying contemporary community standards;

(2)

Portrays sexual conduct in a patently offensive way; and

(3)

Lacks serious literary, artistic, political, or scientific value.

Obscenity means the characteristic or state of being morally abhorrent or socially taboo, especially as a result of referring to or depicting sexual or excretory functions.

Pornography means material (such as writings, photographs, or movies) depicting sexual activity or erotic behavior in a way that is designed to arouse sexual excitement.

Semi-nude or state of semi-nudity shall mean a state of dress in which opaque clothing covers no more than the genitals, anus, pubic area, vulva, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition 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 that the areola and nipple are not exposed in whole or in part.

Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

(1)

By a college, junior college, or university supported entirely or partly by taxation;

(2)

By 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:

(3)

In a structure:

a.

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

b.

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

Sexual encounter center. A commercial establishment which, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

Sexually oriented business. Any adult arcade, adult bookstore or adult video store, adult cabaret, adult retail store, adult theater, escort, escort agency, nude model studio, or sexual encounter center.

Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttock, human genitals in a discernibly erect state, even if completely and opaquely covered, or any combination of the aforementioned.

Specified sexual activities. Depiction of male genitals in a state of sexual arousal, female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic region, buttock, anus; or any combination of the aforementioned.

Virtual child pornography. means material that includes a computer-generated image that appears to be a minor engaged in sexual activity but that in reality does not involve a person under the age of eighteen (18).

(Ord. No. 3801, § 1, 2-10-09)

(a)

No sexually oriented business shall be operated within one thousand five hundred (1,500) feet of:

(1)

A public park or public library.

(2)

A nonprofit educational museum.

(3)

A church or synagogue.

(4)

A public or private elementary or secondary school.

(5)

A day care center or kindergarten.

(6)

Another sexually oriented business.

(7)

A structure that contains another sexually oriented business.

The prohibitions above shall include those located outside the municipal boundaries of the city.

(b)

No sexually oriented business shall be operated within one thousand (1,000) feet of a residential zoning district; or within one thousand (1,000) feet of any existing residence, regardless of the zoning district in which it is located (including a residence located outside the municipal boundaries of the city).

(c)

Sexually oriented businesses shall be allowed only in a B-3 general business district.

(Ord. No. 3801, § 1, 2-10-09)

(a)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district, or building site dedicated or devoted to a residential use.

(b)

Measurement between any two (2) sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment.

(Ord. No. 3801, § 1, 2-10-09)

(a)

Any sexually oriented business lawfully operating on the effective date of this article that is in violation of the requirements of this article shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. The terms "cease to operate" or "discontinued for any period of time" shall mean the voluntary or intentional termination, cessation or discontinuance of the business by the owner or other party in interest or an involuntary termination of the business resulting from a violation of any applicable rule, regulation, ordinance, statute or law. The nonconforming use shall not be deemed to terminate if the cessation, termination of discontinuance of the business operations are caused by an act of God, or other catastrophic occurrence or event not caused by or under the control of the business owner or other party in interest. The holder of the certificate of occupancy or operator of the business shall be responsible for providing documentation, acceptable to the zoning administrator, that a nonconforming sexually oriented business has not ceased to operate or been discontinued. Such nonconforming uses shall not be increased, enlarged, extended or altered, as provided in article F of this chapter, except that the use may be changed to a conforming use.

(b)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to approval of the sexually oriented business, of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district or residential lot within the prohibited distances provided by section 12-5082.

(Ord. No. 3801, § 1, 2-10-09)

(a)

It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

(b)

It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior 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)

It shall be unlawful for the owner or the operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:

(1)

The establishment is a part of a commercial multi-unit center; and

(2)

The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

(3)

Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.

(Ord. No. 3801, § 1, 2-10-09)

Any display, design, pictorial, or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of the an establishment and that is used to seek the attraction of the public to any goods, services or merchandise available at such establishment. The term "sign" shall also include such representations painted on or otherwise affixed to an exterior portion of an establishment as well as such representations painted on or otherwise affixed to any part of the property upon which such an enterprise is situated. The following regulations shall apply to signage for any establishment regulated by this article:

(a)

Notwithstanding any other city ordinance, code or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one sign and one secondary sign, as provided herein.

(b)

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

(Ord. No. 3801, § 1, 2-10-09)

Prior to issuance of a certificate of occupancy, the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this article and the provisions of part 10, chapter 9, section 10-9001, et seq. If this statement is not submitted and a sexually oriented business is being operated at the location listed on the certificate of occupancy, it will result in the certificate of occupancy being revoked.

(Ord. No. 3801, § 1, 2-10-09)