HomeMy WebLinkAboutOrdinance No. O00-04 ORDINANCE NO. O 00- 4
AN ORDINANCE PROVIDING FOR THE REGULATION
OF SEXUALLY ORIENTED BUSINESS ORDINANCE
PREAMBLE
WHEREAS, sexually oriented businesses require special supervision in order to protect and
preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of
the communities where they locate, and
WHEREAS, the City Council finds that sexually oriented businesses are frequently used for
unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of
the city that demands reasonable regulation of sexually oriented businesses in order to protect the
health and well-being of the citizens; and
WHEREAS, licensing is a legitimate means of accountability to ensure that operators of
sexually oriented businesses comply with reasonable regulations, and to ensure that operators do
not allow their establishments to be used as places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented businesses,
because of their very nature, have a deleterious effect on both the existing businesses around them
and the surrounding residential areas adjacent to them, causing increased crime and the
downgrading of property values~ and
WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have
serious objectionable operational characteristics, particularly when they are located in proximity
to each other, thereby contributing to urban blight and downgrading the quality of life in the
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adjacent area; and
WHEREAS, the City Council wants to prevent these adverse effects and thereby protect
the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve
the quality of life; preserve the properly values and character of surrounding neighborhoods and
deter the spread of urban blight; and
WI:IEREAS, it is not the intent of this ordinance to suppress any speech activities
protected by the First Amendment, but to enact a content neutral ordinance that addresses the
secondary effects of sexually oriented businesses as well as the health problems associated with
such businesses; and
WI:IEREAS, it is not the intent of the City Council to condone or legitimize the
distribution of obscene materials, and the Council recognizes that state and federal law prohibits
the distribution of obscene materials and expects and encourages state enforcement officials to
enforce state and federal obscenity statutes against any such illegal activities in the City of Laurel.
IT IS HEREBY ORDAINED by the City Council for the City of Laurel, Montana, that
the LAUREL MUNICIPAL CODE is hereby amended to add Chapter 5.60 read as follows:
Chapter 5.60 Sexually Oriented Businesses
SECTION 5.60.001 Purpose and Findings.
(A) Purpose. It is the purpose of this ordinance to regulate sexually oriented
businesses and related activities 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
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ordinance 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 ordinance 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. Nekher is k the intent nor effect of
this ordinance to condone or legitimize the distribution of obscene materials.
(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 City Council,
and on findings incorporated in the cases of City ofRenton v. Playtime Theatres, Inc., 475 U.S.
41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); and Barnes v. Glen Theatre,
Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697, (1986); California v.
LaRue, 409 U.S. 109 (1972); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); United
States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th
Cir. 1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of
Arlington,, 65 F.3d 1248 (Sth Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734
F.2d 608 (1 lth Cir. 1984); and N. W. Enterprises v. City of Houston, 27 F. Supp. 2d 754 (S.D.
Tex. 1998)), as well as studies conducted in other cities 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 findings
reported in the Final Report of the Attorney General's Commission on Pornography (1986), the
Report of the Attorney General's Working Group On the Regulation Of Sexually Oriented
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Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention, the City Council
finds that:
(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 owners of these establishments responsible for
the activities that occur on their premises.
(2) Crime statistics show that all types of crimes, especially sex-related crimes,
occur with more frequency in neighborhoods where sexually oriented businesses are located. See,
e.g., Studies of the cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas~
(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. See, e.g., California v. LaRue, 409 U.S.
109, 111 (1972); See also Final Report of the Attorney General's Commission on Pornography
(1986) at 377.
(4) Offering and providing such booths and/or cubicles encourages such
activities, which creates unhealthy conditions. See, e.g., Final Report of the Attorney General's
Commission on Pornography (1986) at 376-77.
(5) Persons frequent certain adult theaters, adult arcades, and other sexually
oriented businesses, for the purpose of engaging in sex within the premises of such sexually
oriented businesses. See, e.g., Arcara v. CIoud Books, Inc., 478 U.S. 697, 698 (1986); see also
Final Report of the Attorney General's Commission on Pornography (1986) at 376-77.
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(6) At least 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. See, e.g., Study of Fo~t Meyers, Florida.
(7) As of December, 1996, the total number of reported cases o£AIDS in the
United States caused by the immunodeficiency virus (HIV) was 581,429. See, e.g., Statistics of
the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention
(8) As of December 31, 1999, there have been 92 reported cases of AIDS in
the State of Montana for the years 1997 through 1999.
(9) The total number of cases of genital chlamydia traehomatis infections in the
United States reported in 1997 was 526,653, an 8% increase over the year 1996. See, e.g.,
Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention.
(10) The total number of cases of early (less than one year) syphilis in the
United States reported during 'the twelve year period 1985-1997 was 387,233. See, e.g.,
Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention.
(11) The number of cases of gonorrhea in the United States reported annually
remains at a high level, w~th a total of 1,901,365 cases reported during the period 1993-1997.
See, e.g. Statistics of the U.S. Department of Health and Human Services, Centers for Disease
Control and Prevention.
(12) The surgeon general of the United States in his report of October 22, 1986,
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advised the American public that AIDS and HIV infection may be transmitted through sexual
contact, intravenous drug use, exposure to infected blood and blood components, and from an
infected mother to her newborn.
(13) According to the best scientific evidence available, AIDS and I-I/V
infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g.
Findings of the U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention.
(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 operators of the facilities to self-regulate
those activities and maintain those facilities. See, e.g., Final Report of the Attorney General's
Commission on Pornography (1986) at 377.
(15) Numerous studies and reports have determined that bodily fluids, including
semen and urine, are found in the areas of sexually oriented businesses where persons view
"adult" oriented films. See, e.g., Final Report of the Attorney General's Commission on
Pornography (1986) at 377.
(16) Nude dancing in adult establishments encourages prostitution, increases
sexual assaults, and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S.
560, 583 (1991).
(17) Nude dancing in adult establishments increases the likelihood of drug-
dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1056 (gth Cir. 1986).
(18) The findings noted in paragraphs numbered (1) through (17) raise
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substantial governmental concerns.
(19) Sexually oriented businesses have operational characteristics which should
be reasonably regulated in order to protect those substantial governmental concerns.
(20) A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and operators of sexually oriented businesses.
Further, such licensing procedure will place a heretofore non-existent incentive on 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.
(21) Removal of doors on adult booths and requiring sufficient lighting on the
premises with adult booths advances a substantial governmental interest in curbing the illegal and
unsanitary sexual activity occurring in adult establishments.
(22) 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 and criminal activity.
(23) It is desirable, in the prevention of crime and the spread of communicable
diseases, to obtain a limited amount of information regarding certain employees who may engage
in the conduct this ordinance is designed to prevent, or who are likely to be witnesses to such
activity.
(24) The fact that an applicant for a sexually oriented business license has been
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convicted of a sex-related crime leads to the rational assumption that the applicant may engage in
that conduct in contravention to this ordinance.
(25) The barring of such individuals from operation or employment in sexually
oriented businesses for a period of five (5) years for a previous felony conviction serves as a
deterrent to further criminal conduct, and prevents conduct which leads to the transmission of
sexually transmitted diseases.
(26) The general welfare, health, morals, and safety of the citizens of this City
will be promoted by enactment of this ordinance.
SECTION 5.60.020. Definitions.
(1) ADULT ARCADE means 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, videos, or other image-producing devices are
maintained to show images to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting or describing of "specified
sexual activities" or "specified anatomical areas."
(2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial
establishment that, as one of its principal business purposes, offers for sale or rental for any form
of consideration any one or more of the following:
(A) books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, video cassettes or video reproductions, slides, or other visual
representations that depict or describe "specified sexual activities" or "specified anatomical areas;"
or
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(B) instruments, devices, or paraphernalia that are designed for use in
connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing "specified sexual activities" or
"specified anatomical areas" and still be categorized as ADLrLT BOOKSTORE or ADULT
VIDEO STORE. Such other business purposes will not serve to exempt such commercial
establishments from being categorized as an ADULT BOOKSTORE or ADULT VIDEO STORE
so long as one of its principal business purposes is the offering for sale or rental for consideration
the specified materials that depict or describe "specified sexual activities" or "specified anatomical
areas." A principal business purpose need not be a primary use of an establishment so long as it is
a significant use based upon the visible inventory or commercial activity of the establishment.
(3) ADULT CABARET means a nightclub, bar, restaurant, caf6, or similar
commercial establishment that regularly, commonly, habkually, or consistently features:
(A) persons who appear in a state of nudity or semi-nudity; or
(B) live performances that are characterized by the exposure of"specified
anatomical areas" or by "specified sexual activities"; or
(C) films, motion pictures, video cassettes, slides, photographic reproductions,
or other image producing devices that are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas"; or
(D) persons who engage in "exotic" or erotic dancing or performances that are
intended for the sexual interests or titillation of an audience or customers.
(4) ADULT MOTEL means a hotel, motel or similar commercial establishment that:
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(A) offers accommodation to the public for any form of consideration and
provides patrons with closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions that are characterized by the depiction or
description of"specified sexual activities" or "specified anatomical areas;" and has a sign visible
fi-om the public right of way that advertises the availability of this adult type of photographic
reproductions; or
four (24) hours; or
(C) allows a tenant or occupant of a sleeping room to subrent the room for a
period of time that is less than twenty-four (24) hours.
(5) ADULT MOTION PICTURE THEATER means a commercial establishment
where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly, commonly, habitually, or consistently shown that are
characterized by the depiction or description of"specified sexual activities" or "specified
anatomical areas."
(6) ADULT THEATER means a theater, concert hall, auditorium, or similar
commemial establishment that regularly, commonly, habitually, or consistently features persons
who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are
characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(7) DIRECTOR means the chief of police and such employee(s) of the police
department as he may designate to perform the duties of the director under this ordinance.
(8) EMPLOYEE. means a person who performs any service on the premises of a
offers a sleeping room for rent for a period of time that is less than twenty-
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sexually oriented business on a full time; part time, contract basis, or independent basis, whether
or not the person is denominated an employee, independent contractor, agent, or otherwise, and
whether or not the 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, nor does "employee" include a person exclusively on the premises as a patron or
customer.
(9) 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.
(10) ESCORT AGENCY means a person or business association who furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or
other consideration.
(11) ESTABLISHMENT means and includes any of the following:
(A) the opening or commencement of any sexually oriented business as a new
business;
(B) the conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
(C) the additions of any sexually oriented business to any other existing
sexually oriented business; or
(D) the relocation of any sexually oriented business; or
(E) a sexually oriented business or premises on which the sexually oriented
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business is located.
(12) LICENSED DAY-CARE CENTER means a facility licensed by the State of
Montana, whether situated within the city or not, that provides care, training, education, custody,
treatment or supervision for more than twelve (12) children under fourteen (14) years of age,
where such children are not related by blood, marriage or adoption to the owner or operator of
the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is
operated for a profit or charges for the services it offers.
(13) LICENSEE means a person in whose name a license has been issued, as well as
the individual listed as an applicant on the application for a license.
(14) LIVE THEATRICAL PERFORMANCE means a play, skit, opera, ballet,
concert, comedy, or musical drama.
(15) NUDE MODEL STUDIO means any place where a person who appears in a state
of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other persons for consideration.
(16) NUDITY or a STATE OF NUDITY means the appearance ora human bare
buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less
than a fully opaque covering; or a female breast with less than a fully opaque covering of any part
of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely
covered.
(17) PERSON means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
(18) PREMISES means the real property upon which the sexually oriented business is
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located, and all appurtenances thereto and buildings thereon, including, but not limited to, the
sexually oriented business, the grounds, private walkways, and parking lots and/or parking
garages adjacent thereto, under the ownership, control, or supervision of the licensee, as
described in the application for a business license pursuant to Section IV of this ordinance;
(19) SEMI-NUDE OR SEMI-NUDITY means the appearance of the female breast
below a horizontal line across the top of the areola at its highest point. 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.
(20) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise
that, as one of its principal business purposes, offers for any form of consideration:
physical contact in the form of wrestling or tumbling between persons of
the opposite sex; or
(B)
activities between persons of the opposite sex and/or persons of the same
sex when one or more of the persons is in a state of nudity or semi-nudity.
(21) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or
adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio, or sexual encounter center.
(22)
(A)
opaquely covered;
SPECIFIED ANATOMICAL AREAS means:
the human male genitals in a discernibly turgid state, even if fully and
less than completely and opaquely covered human genitals, pubic region,
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buttocks, or a female breast below a point immediately above the top of the areola.
(23) SPECIFIED CRIMINAL ACTIVITY means any oftha following offenses:
(A) 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;
sexual assault; molestation ora child; or any similar sex-related offenses to those described above
under the criminal or penal code of this state, other states, or other countries.
(B) for which:
(1) 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;
(2) less than five (5) 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 ora felony offense;
(3) less than five (5) years have elapsed since the date of the last
conviction or the date of release from confinement imposed for the last conviction, whichever is
the later date, if the convictions are for two or more misdemeanor offenses or combination of
misdemeanor offenses occurring within any twenty-four (24) month period;
(C) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant.
(24) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
(A) the fondling or other erotic touching of human genitals, pubic region,
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buttocks, anus, or female breasts, whether covered or uncovered;
(B) sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy;
(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in connection with any of the activities set
forth in (A) through (C) above.
(25) 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 existed on August 1, 2000.
(26) TRANSFER OF OWNERSHIP OR CONTROL ora sexually oriented business
means and includes any of the following:
(A) the sale, lease, or sublease of the business;
(B) the transfer of securities that form a controlling interest in the business,
whether by sale, exchange, or similar means; or
(C) the establishment of a trust, gift, or other similar legal device that 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.
SECTION 5.60.030 Classification.
Sexually oriented businesses are classified as follows:
(1) adult arcades;
(2) adult bookstores or adult video stores;
(3) adult cabarets;
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(4)
(5)
(6)
(7)
(8)
(9)
adult motels;
adult motion picture theaters;
adult theaters;
escort agencies;
nude model studios; and
sexual encounter centers.
5.60.040 License Reauired.
(A) It shall be unlawful:
(1) For any person to operate a sexually oriented business without a valid
sexually oriented business operator's license ("operator's license") issued by the Director
pursuant to this ordinance; or
(2) For any person who operates a sexually oriented business to employ a
person to work and/or perform services on the premises of the sexually oriented business, if such
employee is not in possession of a valid sexually oriented business employee license ("employee
license") issued to such employee by the Director pursuant to this ordinance; or
(3) For any person to obtain employment with a sexually oriented business if
such person is not in possession of a valid sexually oriented business employee license issued to
such person by the Director pursuant to this ordinance.
(4) It shall be a defense to subsections (2) and (3) of this Section if the
employment is of limited duration and for the sole purpose of repair and/or maintenance of
machinery, equipment, or the premises.
Violation of any provision within this Subsection shall constitute a misdemeanor.
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(B) An application for a sexually oriented business operator's license must be made on
a form provided by the City. The application must be accompanied by a sketch or a diagram
showing the configuration of the premises, including a statement of total floor space occupied by
the business. The sketch or diagram need not be professionally prepared but must be drawn to a
designated scale or drawn with marked dimensions of the interior of the premises to an accuracy
of plus or minus six inches. Prior to issuance of an operator's license, the premises must be
inspected by the health department, building department, and zoning department. Prior inspection
by the health department and building department shall be required only when the provisions set
forth in Sections XIX and/or XVIII are applicable.
(C) An application for a sexually oriented business employee license must be made on
a form provided by the City.
(D) All applicants for a license must be qualified according to the provisions of this
ordinance. The application may request, and the applicant shall provide, such information
reasonably necessary (including fingerprints) to enable the City to determine whether the applicant
meets the qualifications established under this ordinance. The applicant has an affirmative duty to
supplement an application with new information received subsequent to the date the application
was deemed completed.
(E) If a person who wishes to own or operate a sexually oriented business is an
individual, he must sign the application for an operator's license as applicant. Ifa person who
wishes to operate a sexually oriented business is other than an individual, each individual who has
a ten (10%) percent or greater interest in the business must sign the application for an operator's
license as applicant. Ifa corporation is listed as owner ora sexually oriented business or as the
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entity that wishes to operate such a business, ail corporate officers and directors must sign the
application for an operator's license as applicant.
(F) Applications for an operator's license, whether original or renewai, must be made
to the Director by the intended operator of the enterprise. Applications must be submitted to the
office of the Director or the Director's designee during regular working hours. Application forms
shail be supplied by the Director. The following information shall be provided on the application
form:
(1) The name, street address (and mailing address if different) of the
applicant(s);
(2) A recent photograph of the applicant(s);
(3) The applicant's driver's license number, Social Security number, and/or
his/her state or federally issued tax identification number;
(4) The name under which the establishment is to be operated and a generai
description of the services to be provided;
(a) If the applicant intends to operate the sexuaily oriented business
under a name other than that of the applicant; he or she must state 1) the sexually oriented
businesses fictitious name and 2) submit the required registration documents;
(5) Whether the applicant, has been convicted, or is awaiting trial on pending
charges, of a "specified criminal activity" as defined in Section II, subsection (23), and, if so, the
"specified criminal activity" involved, the date, place, and jurisdiction of each;
(6) Whether the applicant, has had a previous license under this ordinance or
other similar sexually oriented business ordinance from another city or county denied, suspended
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or revoked, including the name and location of the sexually oriented business for which the
business license was denied, suspended or revoked, as well as the date of the denial, suspension or
revocation, and whether the applicant is or has been a partner in a partnership or an officer,
director or principal stockholder of a corporation that is or was licensed under a sexually oriented
business ordinance whose business license has previously been denied, suspended or revoked,
including the name and location of the sexually oriented business for which the business license
was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(7) Whether the applicant holds any other licenses under this ordinance or
other similar sexually oriented business ordinance from another city or county and, if so, the
names and locations of such other licensed businesses;
The single classification of license, as found in Section IH, for which the
(8)
applicant is filing;
(9) The telephone number of the establishment;
(10) The address and legal description of the tract of land on which the
establishment is to be located;
(11) If the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought, and the date on which the
establishment began operations as a sexually oriented business at the location for which the
business license is sought;
(12) If the establishment is not in operation, the expected startup date (which
shall be expressed in number of days from the date of issuance of the business license). If the
expected startup date is to be more than ten (10) days following the date of issuance of the
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business license, then a detailed explanation of the construction, repair or remodeling work or
other cause of the expected delay and a statement of the owner's time schedule and plan for
accomplishing the same;
(13) If an applicant wishes to operate a sexually oriented business, other than an
adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one
hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or
live entertainment which depict specified sexual activities or specified anatomical areas, then the
applicant shall comply with the application requirements set forth in Section XIX hereunder.
(G) Each application for an operator's license shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is a State of Montana corporation, a certified copy of
the articles of incorporation, together with all amendments thereto;
(3) If the establishment is a foreign corporation, a certified copy of the
certificate of authority to transact business in this state, together with all amendments thereto;
(4) If the establishment is a limited partnership formed under the laws of the
State of Montana, a certified copy of the certificate of limited partnership, together with all
amendments thereto;
(5) If the establishment is a foreign limited partnership, a certified copy of the
certificate of limited partnership and the qualification documents, together with all amendments
thereto;
(6) Proof of the current fee ownership of the tract of land on which the
establishment is to be situated in the form ora copy of the recorded deed;
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(7) If the persons identified as the fee owner(s) of the tract of land in item (6)
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;
(8) 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 1,000 feet of the property to
be certified; and the property lines of any established religious institution/synagogue, school,
public park or recreation area, within 1,000 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;
(9) Any of items (2) through (8) above shall not be required for a renewal
application if the applicant states that the documents previously furnished to the Director with the
original application or previous renewals thereof remain correct and current.
(H) Applications for an employee license to work and/or perform services in a sexually
oriented business, whether original or renewal, must be made to the Director by the person to
whom the employee license shall issue. Each application for an employee license shall be
accompanied by payment of the application fee in full. Application forms shall be supplied by the
Director. Applications must be submitted to the office of the Director or the Director's designee
during regular working hours. Each applicant shall be required to give the following information
Page 21 of 44
on the application form:
(1) The applicant's given name, and any other names by which the applicant is
or has been known, including "stage" names and/or aliases;
(2) Age, and date and place of birth;
(3) Height, weight, hair color, and eye color;
(4) Present business address and telephone number;
(5) Date, issuing state, and number of photo driver's license, or other state
issued identification card information;
(6) Sodal Security Number; and
(7) Proof that the individual is at least eighteen (18) years old.
The personal information provided in this subsection shall be confidential, and shall not
be disclosed to the public except to the extent required by state or federal law.
(I) Attached to the application form for any license under this ordinance shall be the
following:
(1) A color photograph of the applicant clearly showing the applicant's face,
and the applicant's fingerprints on a form provided by the police department. Any fees for the
photographs and fingerprints shall be paid by the applicant.
(2) A statement detailing the license history of the applicant for the five (5)
years immediately preceding the date of the filing of the application, including whether such
applicant, in this or any other city, county, state, or country, has ever had any license, permit, or
authorization to do business denied, revoked, or suspended, or had any professional or
vocational license or permit denied, revoked, or suspended. In the event of any such denial,
Page 22 of 44
revocation, or suspension, state the name(s) under which the license was sought and/or issued,
the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial,
revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be
attached to the application.
(3) A statement whether the applicant has, within the past five (5) years, been
convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in
Section II, subsection (23) and, if so, the "specified criminal activity" involved, the date, place
and jurisdiction of each.
(J) Every application for a license under this ordinance shall contain a statement
under oath that:
(1) The applicant has personal knowledge of the information contained in the
application, and that the information contained therein and furnished therewith is true and
correct; and,
(2) The applicant has read the provisions of this article.
(K) A separate application and operator's license shall be required for each sexually
oriented business classification as set forth in Section III.
(L) The fact that a person possesses other types of state or city permits and/or
licenses does not exempt him/her from the requirement of obtaining a sexually oriented business
operator or employee license.
5.60.050 Issuance of License.
(A) Upon the filing of an application for a sexually oriented business employee
license, the Director shall issue a temporary license to said applicant. The application shall then
Page 23 of 44
be referred to the appropriate city departments for investigation to be made on the information
contained in the application. The application process shall be completed within thirty (30) days
from the date of the completed application. After the investigation, the Director shall issue an
employee license, unless it is determined by a preponderance of the evidence that one or more of
the following findings is true:
(1) The applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or request for information on the
application form;
(2)
(3)
The applicant is under the age of eighteen (18) years;
The applicant has been convicted of a "specified criminal activity" as
defined in Section II, subsection (23) of this ordinance;
(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 ordinance; 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 is immediately rendered null and void. Denial, suspension, or revocation of a
license issued pursuant to this subsection shall be subject to appeal as forth in subsection (I) of
this Section.
03) A license issued pursuant to subsection (A) of this Section, if granted, shall state
on its face the name of the person to whom it is granted, the expiration date, and the address of
Page 24 of 44
the sexually oriented business. While engaged in employment or performing services on the
sexually oriented business premises, an employee shall, at all times, possess the license in such
manner as to be available for immediate inspection upon lawful request.
(C) A license issued pursuant to subsection (A) of this Section shall be subject to
annual renewal upon the written application of the applicant and a finding by the Director that
the applicant has not been convicted of any "specified criminal activity" as defined in this
ordinance, or committed any act during the existence of the previous license which would be
grounds to deny the initial license application. The decision whether to renew a license shall be
made within thirty (30) days of the completed application. The renewal ora license shall be
subject to the fee as set forth in Section VI. Non-renewal of a license shall be subject to appeal
as set forth in subsection (I) of this Section.
(D) If application is made for a sexually oriented business operator's license, the
Director shall approve or deny issuance of the license within thirty (30) days of receipt of the
completed application. The Director shall issue a license to an applicant unlessjt is determined
by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or request for information on the
application form;
(2) An applicant is under the age of eighteen (18) years;
(3) An 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;
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(4) An applicant is overdue in payment to the City for taxes, fees, fines, or
penalties assessed against or imposed upon him/her in relation to the sexually oriented business
for which license is sought, or the property on which the sexually oriented business is located or
will be located;
(5) An applicant has been convicted of a "specified criminal activity" as
defined in Section II, subsection (23);
(6) The premises to be used for the sexually oriented business have not been
approved by the health department, building department, and zoning department as being in
compliance with applicable laws and ordinances, if such approval is required under other sections
of this ordinance;
(7)
(8)
The license fee required under this ordinance has not been paid;
An applicant of the proposed establishment is in violation of or is not in
compliance with one or more of the provisions of this ordinance.
(E) A license issued pursuant to subsection (D) of this Section, if granted, shall state
on its face the name of the person or persons to whom it is granted, the expiration date, the
address of the sexually oriented business, and the Section III classification for which the license
is issued. The 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.
(F) If so required under other sections of this ordinance, the health department,
building department, and zoning department shall complete their certification that the premises
are in compliance or not in compliance within twenty (20) days of receipt of the completed
application by the Director. The certification shall be promptly presented to the Director.
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Failure of an appropriate department to timely certify its inspection shall not be grounds for
refusing to issue a license within the mandatory time period prescribed in subsection D.
(G) A sexually oriented business license shall issue for only one classification, as set
forth in Section 5.60.030.
(H) In the event that the Director determines that an applicant is not eligible for a
sexually oriented operator's license, the applicant shall be given notice in writing of the reasons
for the denial within thirty (30) days of the receipt of the completed application by the Director,
provided that the applicant may request, in writing at any time before the notice is issued, that
such period be extended for an additional period of not more than ten (10) days in order to make
modifications necessary to comply with this ordinance.
(I) An applicant may appeal the decision of the Director regarding a denial to the
City Council by filing a written notice of appeal with the city Clerk/Treasurer within ten (10)
days after service of notice upon the applicant of the Director's decision. The notice of appeal
shall be accompanied by a memorandum or other writing setting out fully the grounds for such
appeal and all arguments in support thereof. The Director may, within fifteen (15) days of
service upon him of the applicant's memorandum, submit a responsive memorandum to the City
Council. After reviewing such memoranda, as well as the Director's written decision, if any, and
exhibits submitted to the Director, the City Council shall vote either to uphold or overrule the
Director's decision. Such vote shall be taken within twenty-one (21) calendar days after the date
on which the city Clerk/Treasurer receives the notice of appeal. The status quo immediately
prior to denial of the license shall be maintained during the pendency of the appeal. Judicial
review of a denial by the Director and City Council may be made pursuant to Section 5.60.110 of
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this ordinance. The status quo shall continue to be maintained during the pendency of judicial
review.
(J) A license issued pursuant to subsection (D) of this Section shall be subject to
annual renewal upon the written application of the applicant and a finding by the Director that
the applicant has not been convicted of any "specified criminal activity" as defined in this
ordinance, or committed any act during the existence of the previous license which would be
grounds to deny the initial license application. The decision whether to renew a license shall be
made within thirty (30) days of the completed application. The renewal of a license shall be
SUbject to the fee as set forth in Section 5.60.060.
SECTION 5.60.060. Fees.
The annual fee for a sexually oriented business operator's license, whether new or
renewal, is Five Hundred ($500.00) Dollars. The annual fee for a sexually oriented business
employee license, whether new or renewal, is Fifty ($50.00) Dollars. These fees are to be used
to pay for the cost of the administration and enforcement of this ordinance.
SECTION 5.60.070. Inspection.
(A) The City shall regularly inspect the premises of the sexually oriented business in
order to ensure compliance with the provisions of this ordinance. An applicant or licensee shall
permit representatives of the Police Department and/or Health Department to inspect the
premises at any time the establishment is open for business. Such inspection shall be limited to
visual assessment of the activities conducted in areas to which patrons have access or are
allowed access; to requests for inspection of the licenses required under this ordinance; and to
requests for identification of those individuals who reasonably appear to be under the age of 18.
Page 28 of 44
(B) A person who operates a sexually oriented business or his agent or employee
commits a misdemeanor if he/she refuses to promptly permit such lawful inspection of the
premises.
SECTION 5.60.080. Expiration of License; Denial of Renewal.
(A) Each license shall expire one year from the date of issuance and may be renewed
only by making application as provided in Section IV. Application for renewal should be made
at least thirty (30) days before the expiration date. When application is made less than thirty (30)
days before the expiration date, the expiration of the license will not be affected.
(B) When the Director denies renewal of a license, the applicant shall not be issued a
license for one year from the date of denial. Notwithstanding the provisions of this section, in the
event a licensee appeals the non-renewal ora license, the status quo immediately prior to non-
renewal shall be maintained throughout the pendency of the appeal, up to and including judicial
review on the merits as set forth in Section 5.60.110.
SECTION 5.60.090. Suspension.
The Director shall suspend a license for a period not to exceed thirty (30) days if he
determines that licensee or an employee of licensee has:
(1) violated or is not in compliance with any section of this ordinance;
(2) operated or performed services in a sexually oriented business while intoxicated
by the use of alcoholic beverages or controlled substances;
(3) refused to allow prompt inspection of the sexually oriented business premises as
authorized by this ordinance;
(4) with knowledge, permitted gambling by any person on the sexually oriented
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business premises. Notwithstanding the provisions of this section, in the event a licensee appeals
the suspension of a license, the status quo immediately prior to suspension shall be maintained
throughout the pendency of the appeal, up to and including judicial review on the merits as set
forth in Section XI.
SECTION 5.60.100. Revocation.
(A) The Director shall revoke a license if a cause of suspension in Section IX occurs
and the license has been suspended within the proceeding twelve (12) months.
03) The Director shall revoke a license if he determines that:
(1) a licensee gave materially false or misleading information in the material
submitted during the application process;
(2) a licensee, was convicted ora "specified criminal activity" on a charge that
was pending prior to the issuance of the license;
(3) a licensee has, with knowledge, permitted the possession, use, or sale of
controlled substances on the premises;
(4) a licensee has, with knowledge, permitted the sale, use, or consumption of
alcoholic beverages on the premises;
(5) a licensee has, with knowledge, permitted prostitution on the premises;
(6) a licensee has, with knowledge, operated the sexually oriented business
during a period of time when the licensee's license was suspended;
(7) a licensee has, with knowledge, permitted any act of sexual intercourse,
sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed
premises;
Page 30 of 44
(8) a licensee is delinquent in payment to the City or State for any taxes, fees,
fines, or penalties relating to the sexually oriented business or the premises thereon;
(9) a licensee has, with knowledge, permitted a person under eighteen (18)
years of age to enter or remain in the establishment; or
(10) a licensee has attempted to sell his business license, or has sold, assigned,
or transferred ownership or control of the sexually oriented business to a non-licensee of the
establishment;
(11) A licensee has, with knowledge, permitted a person or persons to engage
in specified sexual activities on the premises of the sexually oriented business.
(C) When the Director revokes a license, the revocation shall continue for one (1)
year, and the licensee shall not be issued a license for one (1) year from the date revocation
became effective. Notwithstanding the provisions of this section, in the event the licensee
appeals the revocation ora license, the status quo immediately prior to revocation shall be
maintained throughout the pendency of the appeal, up to and including judicial review on the
merits as set forth in Section XI.
SECTION 5.60.110. Judicial Review.
Within fourteen (14) days of a denial of an initial or renewal application by the Director
and City Council, or suspension or revocation of a license by the Director, the applicant or
licensee may seek prompt judicial review of such action in the District Court of the 13t~ ludicial
District, in and for the County of Yellowstone.
SECTION 5.60.120. No Transfer of License.
(A) A licensee shall not transfer his/her license to another, nor shall a licensee operate
Page 31 of 44
a sexually oriented business under the authority ora license at any place other than the address
designated in the application and set forth in the operator's license.
(B) An operator's license shall not be transferable from one location to another.
SECTION 5.60.130. Location Restrictions.
Sexually oriented businesses shall be permitted in any commercial district provided that:
(A) the sexually oriented business may not be operated within:
(1) 1,000 feet ora church, synagogue, mosque, temple or building which is
used primarily for religious worship and related religious activities;
(2) 1,000 feet of 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 school, junior
colleges, and universities; school includes the school ground, but does not include the facilities
used primarily for another purpose and only incidentally as a school;
(3) 1,000 feet of 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, skating rink,
pedestrian/bicycle paths, wilderness areas, or other similar public land within the village which is
under the control, operation, or management of the village park and recreation authorities;
(4) 1,000 feet of the property line ora lot zoned for residential use and
devoted to a residential use as defined in the zoning code; or
(5) 1,000 feet of another sexually oriented business.
Page 32 of 44
(B) A sexually oriented business may not be operated in the same building, structure,
or portion thereof, containing another sexually oriented business that is classified in accordance
with Section HI.
(C) For the purpose of this ordinance, measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building or
structure used as a part of the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a church, synagogue, regular place of worship, or public
or private elementary or secondary school, or to the nearest boundary of an affected public park,
residential district, or residential lot, or licensed day care center.
(D) For purposes of subsection (C) of this section, the distance between any two
sexually oriented business uses shall be measured in a straight line, without regard to intervening
structures or objects, fi-om the closest exterior wall of the structure in which each business is
located.
SECTION 5.60.140. Non-Conforming Uses; Amortization.
(A) Any business lawfully operating on the effective date of this ordinance that is in
violation of the locational or structural configuration requirements of this ordinance shall be
deemed a non-conforming use. The non-conforming use will be permitted to continue for a
period not to exceed two years, unless sooner terminated for any reason or voluntarily
discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be
increased, enlarged, extended or altered except that the use may be changed to a conforming use.
If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in
a permissible location, the sexually oriented business that was first established and continually
Page 33 of 44
operated at a particular location is the conforming use and the later-established business(es) is
non-conforming.
(B) A sexually oriented business lawfully operating as a conforming use is not
rendered a non-conforming use by the location, subsequent to the grant or renewal of the
sexually oriented business license, of a church, synagogue, or regular place of religious worship,
public or private elementary or seconda~ school, licensed day-care center, public park,
residential district, within 1,000 feet of the sexually oriented business. This provision applies
only to the renewal of a valid business license, and does not apply when an application for a
business license is submitted after an operator's license has expired or has been revoked.
SECTION 5.60.150. Additional Regulations for Adult Motels.
(A) Evidence that a sleeping room in a hotel, motel, or a similar commercial enterprise
has been rented and vacated two or more times in a period of time that is less than ten (10) hours
creates a rebuttable presumption that the enterprise is an adult motel as that term is defined in
this chapter.
(B) It is unlawful ifa person, as the person in control ora sleeping room in a hotel,
motel, or similar commercial enterprise that does not have a sexually oriented business license,
rents or subrents a sleeping room to a person and, within ten (10) hours fi.om 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.
(D) Violation of subsection (B) of this Section shall constitute a misdemeanor.
SECTION 5.60.160 Additional Regulations For Escort Agencies.
Page 34 of 44
(A) An escort agency shall not employ any person under the age of 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 18 years.
(C) Violation of this Section shall constitute a misdemeanor.
SECTION 5.60.170. Additional Regulations For Nude Model Studios
(A) A nude model studio shall not employ any person under the age of 18 years.
(B) A person under the age of 18 years commits a misdemeanor if the person appears
semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to
prosecution under this subsection if the person under 18 years was in a restroom not open to the
public view or visible by any other person.
(C) A person commits a misdemeanor if the person appears in a state of nudity, or
with knowledge, allows another to appear in a state of nudity in an area ora nude model studio
premises which can be viewed from the public right of way.
(D) A nude model studio shall not place or permit a bed, sofa, or mattress in any
room on the premises, except that a sofa may be placed in a reception room open to the public.
SECTION 5.60.180. Additional Regulations Concerning Public Nudity
(A) It shall be a misdemeanor for a person who, with knowledge and intent, appears
in person in a nude or semi-nude condition in a sexually oriented business, unless the person is an
employee who, while nude or semi-nude, is at least ten (10) feet from any patron or customer
and on a stage at least two (2) feet from the floor.
(B) It shall be a misdemeanor for an employee, while nude or semi-nude, to solicit any
pay or gratuity from any patron or customer on the sexually oriented business premises, or for
Page 35 of 44
any patron or customer to pay or give any gratuity to any employee, while said employee is nude
or semi-nude on the sexually oriented business premises.
(C) It shall be a misdemeanor for an employee, while nude or semi-nude, to touch a
patron or the clothing ora patron, 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.
SECTION 5.60.190. Regulations Pertaining to Exhibition of Sexually Explicit Films and Videos.
(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, or other video reproduction,
that depicts specified sexual activities or specified anatomical areas, shall comply with the
following requirements:
(1) Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof specifying the location
of one 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 business license 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
Page 36 of 44
or minus six (6") inches. The Director 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 said diagram 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 Director or his designee.
(4) It is the duty of the owners and operator of the premises to ensure that at
least one 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 fi-om a manager's station of the entire 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 stations
designated, then the interior oftha premises shall be configured in such a manner that there is an
unobstructed view of the entire area of the premises to which any patron is permitted access for
any purpose from at least one of the manager's stations. The view require d in this subsection
must be by direct line of sight from the manager's station.
(6) It shall be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the view area specified in subsection
(5) of this section remains unobstructed at ail times. No doors, walls, partitions, curtains,
merchandise, display racks, or other object(s) shall obstruct fi-om view of the manager's station
any portion of the premises to which patrons have access. It shall be the duty of the operator,
Page 37 of 44
and it shall also be the duty of any agents and employees present in the premises, to ensure that
no patron is permitted access to any area of the premises that has been designated as an area in
which patrons will not be permitted, as designated in the application filed pursuant to subsection
(1) of this section.
(7) 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-candle as measured at the floor level.
(8) It shall be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the illumination described above is
maintained at all times that any patron is present in the premises.
No viewing room or booth may be occupied by more than one person at
(9)
any time.
(10)
(1~)
No opening of any kind shall exist between viewing rooms or booths.
It shall be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that no more than one person at a time
occupies a viewing booths or rooms, and to ensure that no person attempts to make an opening
of any kind between the viewing booths or rooms.
(12) The operator of the sexually oriented business shall, each business day,
inspect the walls between the viewing booths to determine if any openings or holes exist.
(13) The operator of the sexually oriented business shall cause all floor
coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or
carpeting.
Page 38 of 44
(14) The operator of the sexually oriented business 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 this Section
commits a misdemeanor if he/she, with knowledge, fails to fulfill that duty.
SECTION 5.60.200. Exterior Portions of Sexually Oriented Businesses.
(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 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 ordinance.
(C) It shall be unlawful for the owner or 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)
(2)
The establishment is a part of a commercial multi-unit center; and
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 are painted in such a way so as to be a component of the overall architectural style or pattern
Page 39 of 44
of the commercial multi-unit center.
(D) Nothing in this article shall be construed to require the palming of an otherwise
unpainted exterior portion of a sexually oriented business.
(E) A violation of any provision of this Section shall constitute a misdemeanor.
SECTION 5.60.210. Signage.
(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 (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:
Page 40 of 44
(1)
(2)
(3)
(4)
be a flat plane, rectangular in shape;
not exceed twenty (20) square feet in area;
not exceed five (5) feet in height and four (4) feet in width; and
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.
SECTION 5.60.220. Sale, Use, or Consumption of Alcoholic Bevera~,es Prohibited.
(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.
SECTION 5.60.230. Persons Younger Than Eighteen Prohibited From Entry; Attendant
Required.
(A) It shall be unlawful to allow a person who is younger than eighteen (18) years of
age to enter or be on the premises of a sexually oriented business at any time the sexually
oriented business is open for business.
(B) It shall be the duty of the operator of each sexually oriented business to ensure
that an attendant is stationed at each public entrance to the sexually oriented business at all times
during such sexually oriented business's regular business hours. It shall be the duty of the
attendant to prohibit any person under the age of eighteen (18) years from entering the sexually
oriented business. It shall be presumed that an attendant knew a person was under the age of
eighteen (18) unless such attendant asked for and was furnished:
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(1) a valid operator's, commercial operator's, or chauffeur's driver's license; or
(2) a valid personal identification certificate issued by the State of Montana
reflecting that such person is eighteen (18) years of age or older.
(C) Violation of this Section shall constitute a misdemeanor.
SECTION 5.60.240. Massages or Baths Adminiatered by Person of Opposite Sex.
It shall be unlawful for any sexually oriented business, regardless of whether in a public or
private facility, to operate as a massage salon, massage parlor or any similar type business where
may physical contact with the recipient of such services is provided by a person of the opposite
sex. Violation of this Section shall constitute a misdemeanor.
SECTION 5.60.250. Exemptions.
(A) It is a defense to prosecution under this ordinance that a person appearing in a
state of nudity did so in a modeling class operated:
(1) by a proprietary school, licensed by the State of Montana, a college, junior
college, or university supported entirely or partly by taxation;
(2) by a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college, or university supported
entirely or partly by taxation.
(B) Notwithstanding any other provision in this ordinance, movies rated G, PG, PG-
13, or R, by the Motion Picture Association of America (MPAA), or live theatrical performances
with serious artistic, social, or political value, that depict or describe specified anatomical areas
or specified sexual activities, are expressly exempted from regulation under this ordinance.
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SECTION 5.60.260. Notices.
(A) Any notice required or permitted to be given by the Director or any other city
office, division, department or other agency under this ordinance to any applicant, operator or
owner of a sexually oriented business may be given either by personal delivery or by certified
United States mall, postage prepaid, return receipt requested, addressed to the most recent
address as specified in the application for the license, or any notice of address change that has
been received by the Director. 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 Director or his designee shall cause it to be posted at the principal entrance to the
establishment.
03) Any notice required or permitted to be given to the Director by any person under
this ordinance shall not be deemed given until and unless it is received in the office of the
Director.
(C) It shall be the duty of each owner who is designated on the license application and
each operator to furnish notice to the Director in writing of any change of residence or mailing
address.
SECTION 5.60.270. Injunction.
A person who operates or causes to be operated a sexually oriented business without a
valid operator's license, or in violation of Section XIII of this ordinance, 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.
SECTION 5.60.280. Separability.
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If any section, subsection, or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and
clauses shall not be affected thereby.
SECTION 5.60.290. Conflicting Ordinances Repealed.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 5.60.300. Effective Date.
This Ordinance shall become effective thirty (30) days after final passage by the
City Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
September 19 ,2000, by Alderman Temple
PASSED and ADOPTED by the Laurel City Council on second reading this 3 rd
of October ,2000, upon motion of Alderman
APPROVED BY THE MAYOR this3 rd day of October
V. J~Leckie, City Attorney
Temple
,2000.
Charles G. Rodgers~ Mayg~
day
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