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HomeMy WebLinkAbout222 of 1977 - Amending chapter 20 establishing requirements for theatres and concerts-license requirements; adding f1VLL VMLL /VOTING Aye . Salt Lake City,Utah, _December 29 ,19 77 Mr.Chairman Agraz I move that the Ordinance be pasted. �. . . �� Nogensen Phillips ®. (• / / Result ■■ AN ORDINANCE ?' 1/ AN ORDINANCE AMENDING Chapter 20 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to theatres and concerts; AMENDING Chapter 2 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to zoning definitions by ADDING Sections 51-2-4, 51-2-4.1 and 51-2-4.2; AMENDING Chapter 2 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Business "B-3" District, by AMENDING Sections 51-2-1(11) and (12) ; and AMENDING Chapter 24 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Commercial "C-3" District, by AMENDING Section 51-24-1(74) . Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Chapter 20 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to theatres and concerts, be, and the same hereby is, amended as follows: Chapter 20 THEATRES AND CONCERTS Sections: 20-20-1. Theatre or hall operation. License required. 20-20-2. Theatre license classification. 20-20-3. License fee. 20-20-4. Application for license. 20-20-5. Referral by the city license assessor. 20-20-6. Investigations required by city departments. 20-20-7. Location limitations for certain licensees. 20-20-8. Issuance of a license. 20-20-9. Investigation by the board of commissioners. 20-20-10. Obscene films prohibited. 20-20-11. Revocation or suspension. 20-20-12. Procedure for suspension or revocation of a license. 20-20-13. Id. New license application. 20-20-14. Appointment of inspectors for the purpose of enforce- ment of this chapter. 20-20-15. Prohibited advertising. 20-20-16. Specified sexual activities or sexual anatomical areas defined. 20-20-17. Forfeiture of license. 20-20-18. Film exchange. License required. 20-20-19. Id. License fee. 20-20-20. Severability clause. ia�ti -2- Sec. 20-20-1. Theatre or hall operation. License required. It shall be unlawful for any person to operate any theatre, motion picture house or concert hall or other place of amusement required to be licensed by this title without first obtaining an appropriately classified license to do so. Sec. 20-20-2. Theatre license classification. License for motion picture theatres and live theatres shall be classified into the following types which shall carry the privileges and responsibilities hereinafter set forth in these ordinances. No motion picture theatre or live theatre shall be issued or entitled to more than one classified theatre license. (1) Class "A" - "adult motion picture" theatre licenses. Premises used for presenting for observation by patrons therein motion pictures or material including dramatizations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified sexual anatomical areas" as defined in section 20-20-16. Notwithstanding the above, nothing herein shall be deemed to allow or permit the showing of any matter which is contrary to the provisions of sections 32-2-10 or 32-7-7 Revised Ordinances of Salt Lake City. (2) Class "B" general theatre license. Premises used for presenting motion pictures or materials not distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" and "specified sexual anatomical areas" as defined in section 20-20-16. Sec. 20-20-3. License fee. The license fee shall be $250 per year for each theatre, concert hall, motion picture house or other place of amusement, provided, however, that a daily license may be purchased for a fee of $50 per day or any part thereof. Sec. 20-20-4. Application for license. Every application for a theatre, concert hall, motion picture house of other place of amusement shall be verified and filed with the license assessor and collector of Salt Lake City, addressed to the board of commissioners and shall contain the following information under oath: (1) The address and seating capacity of said establishment; (2) The type and nature of the activity desired to be licensed and shall state whether the type of activity desired shall require the total exclusion of minors from said premises; (3) The name of the license applicant, together with the applicant's address and phone number; (4) A verified statement that the license applicant is the real party in interest and that said theatre is to be operated for and on behalf of the applicant and not as an agent or for some other person, organization or entity; (5) If the applicant is a co-partnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors must be stated. If the business is to be operated by a person other than the appli- cant, said operator must join in the application and file the same information required of the applicant. (6) If the application is for a motion picture or live theatre the applicant shall specify which classified theatre license the applicant is seeking. Sec. 20-20-5. Referral by the city license assessor. The city license assessor shall, within three working days of receipt of an application for a license required by this chapter, submit ti�d� -3- the application or a copy thereof to the zoning, building and housing services, fire, and health departments for the purpose of determining the applicant's conformance to the applicable city ordinances and regulations pertaining to said application. It shall be the duty of the license applicant to cooperate with the licensing authority and its agents in carrying out the investigations required by this chapter. Sec. 20-20-6. Investigations required by city departments. Upon receipt of a license application from the license assessor, as required by this chapter, the health, fire, zoning and build- ing and housing services departments shall commence investigations as to whether the proposed structure is in conformance with the current ordinances, codes and regulations of the city pertaining to each of the respective departments enumerated above. Each department shall submit a report in writing to the city license assessor within ten (10) days of receiving a license application and state whether the proposed structure designated by the applicant for licensing is in compliance with said ordinances, codes and regulations. It shall further be the duty of each respective department should a license subsequently be granted to the applicant to continually examine and inspect such place licensed in regard to the ordinances, codes and regulations here- inbefore stated. Sec. 20-20-7. Location limitations for certain licenses. (1) All sites for class "A" adult motion picture theatres must be located within commercial "C-3" use districts or less restric- tive zoning use districts and specific sites shall meet the geographical proximity requirements based upon the criteria set forth in section 51-24-1(74) (b) . (2) Exception. A class "A" adult motion picture theatre may be allowed upon locations other than those outlined above, upon receiving approval from the board of commissioners. Such approval shall be given only after: (a) The board of city commissioners has received recommen- dations from the planning and zoning commission of Salt Lake City and the Salt Lake City police department; and (b) A public hearing has been held, with notice having been given, by at least one publication in a daily paper of general circulation in Salt Lake City at least ten (10) days prior to the hearing stating the purpose, time, date and location of said hearing. Written notice of said hearing shall also be sent, where applicable at least ten (10) days prior to the hearing, to the following groups or individuals within a three (3) block radius of the proposed location: the parks superintendent, school superintendent, churches and their authorized representatives, and residents thereof. Notwithstanding the above notice requirement, failure of residents to receive said notice of hearing shall not affect the validity of said hearing or its proceedings; and (c) A finding by the board of city commissioners that the proposed location will not: (1) materially interfere with the activities and functions of said parks, schools, or interfere with church worship or church related activities or the neigh- borhood quality of residential districts; (2) create an undue concentration of adult businesses; (3) materially interfere with the free flow of pedestrian or vehicular traffic; (4)create an undue burden in controlling and policing illegal activities in the vicinity; (5) create a nuisance to the community; or (6) adversely affect the health, safety and morals of the residents of Salt Lake City. A school, church, park or residential building shall be considered to be within close proximity if it is within a three (3) block radius of the proposed location and an adult business shall be considered to be within close proximity if it if within a 1,000 foot radius of the proposed location. (3) Prior location. The provisions of this section shall in -4- no way affect the rights of the present theatre licensees to continue their operations, so long as their licenses remain in good standing, and continue to have their licenses reissued as provided by law until revoked or terminated for any reason. However, once an existing operation obtains a classified license, any subsequent change in classification shall be treated as a new use and must qualify under the provisions of this chapter. (4) Location for class "B" motion picture theatre. The permissible locations of establishments licensed with a class "B" theatre license must be located within use district zones of a "B-3" or less restrictive classification as provided in title 51. Sec. 20-20-8. Issuance of a license. When the license assessor has received a report and recommendation from each of the depart- ments designated in this chapter and not later than twenty (20) days from the filing of said application, the license assessor shall submit the original application and reports of said depart- ments to the board of city commissioners for filing on the agenda and for commission action. The board of commissioners shall act upon the application at the next regularly scheduled commission meeting after submission and filing of the application by the city license assessor. If each of the above departments has determined that the proposed application for a theatre, motion picture house or concert hall license is in conformance with all the applicable ordinances of the city, and if it appears that there have been no material false statements or material misrepresenta- tions of fact or fraud in the application, the board of commis- sioners shall grant a license to the applicant. Sec. 20-20-9. Investigation by the board of commissioners. The board of city commissioners may, prior to the issuance of any license required by this chapter, investigate any applicant for a license under this chapter if it has reasonable cause to believe that said applicant has, or is attempting to perpetrate a fraud or material misrepresentation upon said board, or may compel the production of documents and witnesses in order to investigate said fraud or misrepresentation. Upon a finding by the board of commissioners that a material misrepresentation or fraud has been perpetrated or attempted in the license application, said application may be denied by the commission. Sec. 20-20-10. Obscene films prohibited. It shall be unlawful for any person to hold, conduct or carry on or permit to be held, conducted or carried on, any motion picture exhibition or enter- tainment of any sort which violates chapter 2 section 10 or chapter 7 section 7 of title 32 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended. Sec. 20-20-11. Revocation or suspension of a license. The licensee shall be responsible for the operation of the licensed premises in conformance with the ordinances of Salt Lake City Corporation. Upon a finding by the board of Salt Lake City Com- missioners of a violation, after hearing before said board, or upon conviction of the licensee, operator, agent, or any person of the following violations occurring in or on the premises licensed pursuant to this chapter, the board of commissioners of Salt Lake City may revoke or suspend the license or licenses covering the businesses conducted on such premises, regardless of the ownership thereof, for a period of time up to and including one year: (a) A violation or conviction of sections 32-2-10 or section 32-7-7, Revised Ordinances of Salt Lake City. (b) A violation of any provision set forth in this chapter. (c) A violation or conviction of any ordinance referred to in sections 20-20-5, or 20-20-6; or a violation or conviction N �h� -5- of sections 32-2-5, 32-2-6 or 20-34-6, Revised Ordinances of Salt Lake City, Utah, 1965. (d) Violations or convictions of any material misrepresenta- tion or for any fraud perpetrated on the licensing authority through application or operation of said business. (e) A violation of any law of the State of Utah or ordinance of Salt Lake City which affects the health, welfare or safety of its residents and which violation occurred as a part of the main business activity licensed under this chapter and not incidental thereto. (f) A violation or conviction of showing motion pictures for which the establishment is not properly licensed as required by this chapter. Sec. 20-20-12. Procedure for suspension or revocation of a license. Any suspension or revocation of a license pursuant to this section shall not be had until a hearing is first held before the city commission. Reasonable notice of the time and place of such hearing, together with notice of the nature of charges or complaint against the licensee or its premises sufficient to reasonably inform the licensee and enable him to answer such charges and complaint, shall be served upon the licensee as pro- vided by the Utah Rules of Civil Procedure. The licensee shall have the right to appear at said hearing in person or by counsel or both, present evidence, present argument on the licensee's behalf, cross-examine witnesses and in all proper ways defend licensee's position. The board of city commissioners shall make a ruling and decision based on the evidence presented to it at the hearing so held; thereafter it shall enter a written find- ings of fact and conclusions of law and enter a written order of decision. If a violation is found by the board of commissioners or a conviction is obtained under subsection (a) of section 20-20-11, said revocation or suspension shall not take effect until the license holder or individual found in violation or convicted thereunder has had opportunity to exhaust all his administra- tive and appellate remedies. Sec. 20-20-13. Id. New license application, It shall be unlawful for any person, firm, corporation or any agent, manager or operator of any person, corporation or firm who has had a license suspended, revoked or denied under the provisions of this chapter to apply, reapply for, or obtain a license required by this chapter during the time said license has been revoked, suspended or denied, or for a period of one year, whichever time is less. Sec. 20-20-14. Appointment of inspectors for the purpose of enforcement of this chapter. The departments of fire, health, zoning, building and housing services and the police department shall designate members of their departments to act as inspectors of establishments required to be licensed by this chapter. Said establishments shall be open to inspection to the inspectors of each of the above departments for the purpose of investigation and enforcement of the applicable ordinances of Salt Lake City and the laws of the State of Utah. Sec. 20-20-15. Prohibited advertising. It shall be unlawful for any licensee under chapter 20 of title 20 of these ordinances or any operator, agent or employee of such licensee, to advertise through or on any poster, billboard, marquee or ad of any nature or description which is displayed to public view in Salt Lake City and which presents to public view any of the sexual activities or sexual anatomical areas as defined in Section 20-20-16. sa< <j ti�� -6- The advertising or display or such activity or area is hereby declared to be devoid of any social value or importance. Sec. 20-20-16. Specified sexual activities or sexual anatomi- cal areas defined. "Specified sexual activities" or "specified sexual anatomical areas" are defined to include the following: (1) The covered or uncovered male genitals in a discernible turgid state. (2) The human male or female genitals with less than a fully opaque covering. (3) Acts of simulated or actual: (a) Masturbation; (b) Human sexual intercourse; (c) Sexual copulation between a man and a beast; (d) Fellatio; (e) Cunnilingus; (f) Bestiality; (g) Pederasty; (h) Buggery; or (i) Any anal copulation between a human male and another human male, human female, or beast. (4) The simulated or actual manipulating, caressing or fondling by any person of: (a) The genitals of a human; (b) The covered or uncovered pubic area of a human; or (c) The covered or uncovered human female breast; provided, however, that this subsection shall not be interpreted to include within the scope of its prohibition the nursing of an infant child. (5) Flagellation or torture by or upon a person clad in under- garments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. (6) The human male or female pubic area or buttocks with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the end thereof with less than full opaque covering. Sec. 20-20-17. Forfeiture of license. If any licensee, licensed to do business under the provisions of this chapter, sells his place of business, together with the entire assets of said business, his license shall expire and be forfeited. Sec. 20-20-18. Film exchange. License required. It shall be unlawful for any person to conduct, manage or carry on any film exchange or to conduct, manage or carry on the business of selling, exchanging, renting, leasing or distributing motion picture films in Salt Lake City without first obtaining a license to do so. -7- Sec. 20-20-19. Id. License fee. The license fee for a film exchange license shall be $100 per annum or any part thereof. Sec. 20-20-20. Severability clause. If any part of this section or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent juris- diction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this law or the application thereof to other persons and circumstances, but shall be confined in its operation to the section, subdivision, sentence or part of the section and the persons and the circum- stances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the board of city commissioners that this section would have been adopted if such invalid section, provi- sions, subdivision, sentence or part of the section or applica- tion had not been included. SECTION 2. That Chapter 2 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to zoning definitions be, and the same hereby is, amended by ADDING sections 51-2-4, 51-2-4.1 and 51-2-4.2 as follows: Sec. 51-2-4. Adult bookstore. An "adult bookstore" shall mean any bookstore which has: (1) A substantial or significant portion of its stock in trade, books, magazines, and other periodicals or matter distinguished or characterized by an emphasis depicting, describing or relating to "specified sexual activities" or "specified sexual anatomical areas" as defined in section 20-20-16 or has any segment or section of its premises devoted to the sale or display of such above described matter from which minors are excluded. Sec. 51-2-4.1. Adult business. An "adult business" shall mean any shop or retail business or theatre, store, drugstore or other premise where otherwise permitted to do busines or any portion thereof that caters exclusively to adult persons to the adver- tised or unadvertised exclusion of persons under the age of 18 years of age. Adult business shall include the term, "adult bookstore" and "adult theatre" as defined in this chapter. Sec. 51-2-4.2. Adult theatre. "Adult theatre" shall mean any class "A" adult motion picture theatre or live theatre establishment presenting material as defined in section 20-20-2 Revised Ordinances of Salt Lake City. SECTION 3. That Sections 51-21-1(11) and 51-21-1(12) of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Business "B-3" District, be, and the same hereby is amended as follows: Sec. 51-2-1. * * * * * * (11) Class "B" theatre licensed pursuant to chapter 20 of title 20 of these revised ordinances. (12) Provided, however, the foregoing notwithstanding no shop or retail business, store, drugstore or other premises permitted within this district may be located within said district if said business establishment or any portion thereof caters -8- exclusively to adults to the exclusion of persons under the age of 18 years or is a class "B" non-profit club licensed under the provisions of chapter 20 of title 20 of the Revised Ordinances of Salt Lake City. SECTION 4. That Section 51-24-1(74) of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Commercial "C-3" District, be, and the same hereby is amended as follows: Sec. 51-24-1. * * * * * * (74) (a) In the development and adoption of this ordinance, it is recognized that there are some business uses which because of their very nature are and have been recognized as having serious objectional operational characteristics, particularly wherever more than one such business is concentrated within an area of close proximity, having a serious deleterious effect upon these surrounding areas. It has been well recognized by cities and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses within their jurisdictions to insure that such adverse affects will not contribute to the blighting or down- grading of surrounding neighborhoods or to the harming of youth in their communities. These special regulations are set forth in subsections (b) and (c) below. The primary control or regulation of these establishments is for the purpose of preventing a con- centration of these uses in any one area and for the preservation of neighborhoods in adjacent areas in which these locations may be permitted. (b) No shop, retail business, store, drug store, adult business, or other premise or any portion thereof which caters exclusively to adults to the advertised or unadvertised exclusion of persons under the age of 18 years may be located within a three block radius of the following: (i) Any school, park or church; (ii) Within 1000 feet of any other similar establishment • or adult business. For purposes of applying the above criteria in determining a three (3) block radius a block shall include a standard city grid block face of 660 linear feet together with a street of 8 rods or a total of 792 linear feet per block. Said radius shall he determined from the perimeters of the property lines of schools and parks and from the point of a church or other building closest to the proposed location. (c) Exceptions. (i) The regulations in subsection (b) above shall not apply to premises licensed to sell beer, which licenses shall be governed by the provisions of titles 19 and 20 of these revised ordinances. (ii) Any adult business other than those licensed to sell alcoholic beverages may be allowed upon locations other than those outlined above, upon receiving special approval of the board of commissioners as provided in the procedure established in section 20-20-7 (2) of these revised ordinances. SECTION 5. In the opinion of the Board of Commissioners of Salt Lake City, it is necessary to the peace, health and welfare of aa3�) -9- the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 6. This Ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 29th day of, December ,'c il9 77 /i(t74( / I 4EMPoRA Y CHAIRMAN ..idiefJ �! CITY RECORDS (SEAL) BILL NO. 222 of 1977 Published January 3, 1978 999 wfdti It:1•d O d f 5alr Lake C ll nn11 w},� 11 of d rt/AMtNDINC(rarfpl lot T{le RI df t'Ie h isod O d rbry.('N p(, i 0�t 0dh 100 p1Oi'l In d 1 }( by AD I On SI 1-A,51 2 nJ 51 RA2, "J"Sn, 0C p1 2n' t'of n10air' r Ornlnencrs of Sale Cake(.IW,S41f9t9d51 rcl,ring 10 klusincss 10,E=Oi:Ir,C by A.M£N Tub 51 of l Pevis,ol andinau15 and Soil LakNCCheplaYR4at05, ollIniloRnCoco Ordial"C05 Salt Lance ntdr_o GScrti rota ling fo Corns vrriul "C 3" District,by A roll b Goard ofC tola1_ Be if ertlairv.d by Ilro't':oaN of c'ommis,iunt-rs M Salt LOke fl;V,Ut-it' Ordinance,f Shin That Chapter hi,1.9a9,Ivaurft�iatinrnin 0hv 0,1r2V 0.14 calx:erta,bv,and the same•lvarebv%s,�nxmdc;l as follows: Chaotet 20 THEAiRFS AND CONCERTS S'"' idavit of Publication an 20 4.1 hvatre licenseod:rs irration. c rceiu,n¢I. 20R0.?.Llw.neo roe. 20-20-4.A909,41001,9 IirI:nse. 20.20 5.Referral by the city license a,scssor, 2320-6.Invocunahons regoircil by clfv n,eorlmenf, 21120 1.I nmtion,impatiens for yet lain licensees. 20 20-0.Ia..:cla,of a limnse. 20 20.9.Invesiioatlnn by tiw 110nrrl of commisslorlers. 20-70 10.Ohu eve faros Olorhhitcd. 2020-11.Rvvocatlnn or r,uspcnslon, 20 10 12.Pro:e 1urc for s.usl,enslon or r2VOcotirn of.-r liven,. 10-20-13 Id,t:e,v tides::application 90-20 1.1. Appointment of 11s;u vtors for the purpose of enfn,,en>cnrne thi- han4', E. K. Carr 20-24 IS. 1110.fled advertising_ 2.2016. S•.'iifed sexual activities or svxuol anatani<,al aI sitvlil_e.'x 'Al 17.f er,cltrne of Weil;v. :0-20-10.rite c '1,,I.ic,.n._re a trait. 90 1219 l0 1,221102 teoslit' 2'7923.1 n'fv9vI hall rx:r, .I.I .-.e Ir Being first dulysworn,deposes and says that,he is legal 9,111 b ilia- too i gear motion r".r l nn r i I pn 1 + an advertisingclerk of the DESERET NEWS, a daily it d r 1 1 d l Ii iltl without f o oat an • r Ill i .dI1I 1 1 (except Sunday) newspaper printed in the English 20 20 2 (twain, Il 1 If.:M LI r r p • ' t n C0 1l t 10 Ihl dFd +I language with general circulation in Utah, and n 1011 r 1 h .h-11 f II b. .r Ib lit 1- .I k t forth tl d' No 1 III v/r delive Ihea l p ,910 tapublished in Salt Lake City, Salt Lake County, in the in c la„ n•''- atnir,n bet r tint meal. State of Utah. Pren11,00 a,1 fa-t_+'r,n1ln9 for°lv,rvation by na9rons tharein mono pictre;a notcrlal including drarnatlzadons distin- 1�.1 l I. ,1 l lmatterd� ' r That the legal notice of which a copyis attached hereto d it ti l a t f l l .-vv, l d 1 Adel petbn b 2 2016 M it-trod 012 hove, lhi 5 here hall Ina. 0,vh-9,1 to allow or nerhnit the ahnwin0 of any matter which is r1:,I y m me visions of se,tions,2.2-10 or 32 as 0.0,1I Pub ordinance relating main n sots it I_Yan city to theatres(2)1 ae "9"gen,al theatre theatre 15 else.fvreirnu�u tlfor and concerts ciet,lter9vd by an n,up101&12r011 10,100/S deple'IMI,00,,o thing or re hang l In"sdeadfic-d sexual aetivific_."and"sp,rifiM S1241/ r definedl walotnical at 0s In srction:tl 20-16. Sr,.'2n 201.n.iwnre fc license llnse N M o shall S25099'y fo each"head,c ell hell,notion nirlure how,n othe r r ro 91.9e of anln.:ennt,movided,lrowevcl',that:.daily Ilwme may lac pureiia,91 fora lee of 350 nor day cr any nar"Ihereol. 0111),4 Annllcarion lot Ilcenrs,Every annlieahon for dival,e,vowerI hall,marina 1ieture hrw•x or'1.11 place o: rr,1Io IIx:rtl slhOdl he l rifled and,lied with the 11,ch e,ssesssor and cioil,for of Salt Lnka Cly,addre..nd to 1hn hoard of ..IOn..r,.and r'.hall wort„In lire following infer motion under a 1il1 (1)The addr,,,i oral v.atinrl rapacity of said ello toe llnivn1: (21 TO,.lvrxr,ind,'atom of the rclivity desired to 1,I1c,real and 9,91 stale st1,11 x:r ihr(WV of ae Ilvi+v dc,irttt_s?nall roctulrc fro total exclusion of In ken, nrnrnis nl()1 11 Ill :liven,,u t 1 to thet withthe (4) e 1 nth Il,91,9 9,19.0n1I n. leas published in said newspaper on oat 1' t t d that 1 I th t o I b alcall .19911c" bohall Cf 9,,Ia9plrl^�'t ail tymr as an rood m'for son,wlu .''(51 if the ounlir.nrf Is- a0'll nshnn.the n r and rid-d-,,,,of all vortrica and if a 10,SF1a+lon,the 'n o and Jan 3 f 1978 ,s of all olllce:ts and dlreclw's n ust be staled.If the f v I;to be nue.Medb tl Man II l 1, '3,91 ,1 t t i 1 i ll 11old the t� f r t el thy n i. ll (6)1f th n r for ! II 0100 : (. 1112.ouvrc lot<hall v'vecIly whiv_h thuntre lIcentehe k Legal Advertising Clerk e..2t1-21.V,.Referral by the city Ircvnse as,.e;.or.thee city licence;e,n�ssnr sell,within V,ve vm;iclnO days of rv,elpt of an rn hicrtlun to,a lie chub ad by this vliaOt,or,suhmll the 0o91earinn le:I ny Won,'fo ine foals,huildlno mad how-an, t - d 9,191 dapartnivial, 1- II:_0111,05, m 1ethis • nl t1 1' 1 f ' t ie d 1 II b city day Of it If fall loM, tv ltro',ata a.In i10':Ol ir9 invv, enslna amhu:iry a1h Its apiinrx 0,rarrym�t au.me inwr.r,r.<nens4an,r .p. 19 Svc, 20+liar.chvestl ...... e;. ll,l 5.Irr1'11''erll ,,rc red by city&po,'4o52lmenis. 1,112roeell'Iofaha,Ict npnh,„,inn born Ili^l' 01,lt•auilding as cdoro,: ch=+,:,I,,'.rclo:,bal fir::,zunm,andhulldijo s.nd III 12ine cowl 1 d:nor'magi.s,ury it LonfoIlw000evilI s I elh th _d t 1=I f It thv vurrent d! -- Ics d I 1 f the city ,/ �r I .h the d� " {s re led above01r di l :1_er rr shall111i9 obi t " a ro tlt.1 coo It d don Iwliiloo II,'ro 1 Ii Il: 1 a II02 S19nII'' .. - j( I f - -_ l -.- • 1 a t for envie.9 in comolianvewilt) ordlnan< d rcoulat999. II chaff f AI r be thv duly of ,:Ir Notary Public ostitvtivo dvnar'tm:tnt A Itl.license lx,ineutly tw,granted totnc anplicanl to continually e:iomitiv aryl inslNcf-uch Place Mr�:ed it :.Ind in tilt nrtllnOnOe,,codes and reftulations inrV 2020 �fed. tr.All rat,Locationlies limitation;is for on pact re 0,1,9 ses (1)All rate, e hes"A":idol"nwtion dis,limerfart," he located within110t c 'ial l 3" tr.,dins als t, less ',Ali,gpve xoninp 90y siri�la roan sf y.•1,91 sleds shall It net Ion. an;ecti nree%Im11vre10rirerrronfs ba:;ed uvon IhecrlteriH s^I forth in Alen0,A Ii'(hf, (2)F.'dr6pfton..n 10110"A"adult0401 01"lent u l ned aboven may he 012100d neon Iecaflom anc�r,20,i 0: outlined,lero uvon civ .t I from t.�board 0,commt..i0ners.Su,h approval lhen hoardenanl city '.(tnda ,nu 1, of caw von nis�Ton-ors pas rr><ni $aills City and from AM'/kc nvl,0II ronina wmm.and or ll lamp City and me Soh I_rkeCity police dear, hayI,a l (Is)e Walk tua flan has M•io I in,with poll ria f ge been t,by at toast we publication le it n daily d of yen.:lnl vcung nt in Salt La,,,City at hart fen(l01 d112011011 to Il.e hearing simian lo,nurnn:,,1 tfn:o,0'l,0nd 01*'Olt of said Ft.a at le rrolienof 5.1,d hy,.poi 11:t1 also ne«.nt,to foe III it I "I 5 on) 1'. to1h 1 ck radio:to fnc , n ,, 1, d I or .5 .(0 bI ,t , of she nsnd vhiv un the p. k.: 20 r dart, -cheat r nri'.n4drnh e her°I red'l,Ii,.aufiwriz th ren1,1100 aSliry :tntl rc,ivril,/ thereof_ N,°hvrl'o tvicei a l,l above wrrort aif mart<-of 0000,of s tm 6cova 0 r n other hearing shall nntaiicy Ili°vandilV of Saul h0a1r1110 or its PrOcOedirirr5; and it 1e1 r-i„Fits opaqueI at CtIle Weil. r egl.male or female oriatale with less thane fully A 1 1 s that the (a) Acts of slmuluted or foal: -d I -i II t I1 'e ih, Masturbation -1 t'c i f tl - said k 1 with b)Human sexual Intercourse; i,I v { t car t t U .. 1 ,lord-era r hoedwith (c Sexual copulation between a Con and a beast; resol l k id I I did Ic' elf -eate do o tentre'of (0 Fellatio:hlln of Aim li,. (3)r t.- II trig t.. it Incfree flow of (m Ctsilollt), wiri (f)Bedernada 1estriali or rortroll d millet,t Mee,*I('.1..air..ilia, 11 vicinity,(Cl (hi Buggery-, -1.a 1 1 lv (61 adverselyaffectthe III Any or 1 11 t t 1 I f 11 I f Salt LobeCII A (N Any arh man,don between a human mete and crcni,chorea,park or rally Mail building 01111'no considered to ¢radialh r ,ctu,humaneultaia, )lest or be trdtt I:-per I ItV!If ihhr.II (3)Hoek radius of (�)The fondling van aor en no manlpulai,la,caressing Om P po,Od location 1 i 11)1 " n'shall he considered to he genitals W ate man; le.within rc;,0 nroxlm{ty if it is wiiliiu a 1,0011 tout radius of the (b)The Coerce or rruncorer Pubic area of a le brat; s:dricalfm, c)This red uncovered Mchuo ion shag breast; way (_l t-rinr:rights The,nice ll( of this section shall e/eo 10101 covered to in ude this rle subsection stel not its ore tl rights t I- 1 li: 1 ' tl i IMnpeprr fed to include within ni the scope of its 1 1-m.. 11 - loontheir I wed prohibition the trture b of an infant child. e,10 t,hnth,ue to t c hrarllctl e.locals Il,vide;, (rg Plageo,aon Or bizarrez¢ or upon pepee son Clad In of in law until 'evoked rora terminated for any re. nse,a r. Mar maenad,a nook nr otherwise pvsfare,a se edl on tCe i 1 titHas-teed license,any pare fettered,a clot or,Meow• physically restrained on the K1:. t.; I tWi -III t r,) part,)iThe thee.se .id.n,:t1 tlf l,, '' 00 I11 1 Irr,are. a• (th The human male or covering, r the area or female witht 11) bLocatione for .,•. t motion nsedm h ada Mos.TIe less than b full Opaque areoola o the human female breast ss bl Wean.. f I I h h:licensed with a Moss of a from the h less th of the a la,Papule r nipple to the end permissible 1 f r d one provided ro i district macs of a thereof with less than foil opaque license. (la 83 ' l t 11Mensal.--t I n If liIn1e 51. .p-2u, Ilse pr'oreol is of th i f anver,sxs,licensed to .:.20,0,r f f licence nds t license neahassessore do bush esS, under thet,11w lensre this ssets of s ls his business, his 1 r t, .1 I I dand horn act F the bushes,shalltogetherexpire with the entire ascots 1 said business his N rim f.d. u-lt I this chanter d let it 0e o ter IkivSec 20-018.ream be eocenoe shw days r n Ihef Irilel o.;ndacnlic.t; al II to o.r unlawful for any eilmgo oead c License required.carry In any M 'fiat nientst Ilr rm'nal iCrr;ntlni aryl reportstor tiro of;soldflia en hinge any conduct, n manage or tha on business film A - 0 n t t' Weal f i c rd y 0rt exchanoe or conduct,to exchanging, emanage, l a carryon the distributing motionot of tall reel CP ond o the application to monmesion ochres he I of oul. s0rd lvl selling, films In Solt Lak Cob without fhrto to lei.a Nic conefoioSillo meetin0 alter shen.sicn and Wi ct of tie d0 so I anont ray If i t se Sec.20-20-19. Id.License fee The licence foe for a filet trn 1 h lot i I le it I'I s p tl Brat fee a exchange license shell be$100 tier annum or any part thereof theater, motion ictur Mose or remert hall ammo is iii Sec.20.20-20 Severablllty clause If any part of this section or form:lore Milt allWill, tit I t' ' dl r me city, d a the application thereof to any person or circumstances,shall for !arar.ara leer there liane heett Ito materialf 1 ataternents or any reason be adhMRed by court of competenttiurisdiction to be i .I 1 t 1 si from/1 tie ) t' tihtlonal Invalid,such Iucgnne r shall not affect, 11 I ail fco - ''n 1 ll. 1 1 lot.a ll 1t' Impair or Invalidate the remainder of this law or the application M -c.1010-0 I t it by the hoard f c m thereof to,tier personsm and circumstances,but shall be confined 11 .,i f city- nI Inners roily,erase to'lie Meanie f in rtsoperefloe to the section subdivision,sentence oreartor the /I -. l t1 t- f g f 1 section and the persons and th circumstances directly Involved I 11, d 1'1 I Ii t -bt n the controversy In which h Whip end shall have been believe f t ryalr lI 14 II 1 tot-pair-Me o in It isterebi'declared lobe the Intent of the board°telly 1 i 1 t 11 d hoard,or el,), commissioners that this section would have been adopted if such l the 1 KT f fs aryl tre.'es, der to va on provisions,subdivision, rime¢or part of the .;elees,old I-a d or n s f t .Ilpon a find order by section or application had not been Incuded. II'V beard of corn,nkslo,'.rs that a material rnisrcpru0onl Non nr SECTION 2.That Chapter 2 of Title 51 Of the Revlood bora has teen am oetratea or otempted in tile licence Ordinances of Sall Lake Lily,Utah,1965,reloting to melon ;sadiron.,soid'r ll-ti be denied by the nanonissiol, definitions be,end the same hereby is,aneended by ADDING r be J0 10.alto:. tilets prohibited.It sale be unlawful sections 51 a-4,51 21.1 and 51 2-1 2 as follows, tar one 001r_on le(er,)Conduct or carry no or mrinitt x.h-irl, Sec 5121 Adult teokstoe An"adult bookstore"stall mean cooler ed or carried , rnl r tins picture exile-alien 0 amok bostore which has: n el i:+tornanh of any snit-which violates rhapler 2,rvcrtlon 10 or (1)A substantial or significant portion of Its stock In trade, Napier 7,seethes 7 0l title at of the Revised Ordinances of Sall books,magazines,and other periodicals or matter di stinguishcd 1.aiie City,Utah,1965,es amended. r characterized by an emphasis depleting, describing or r. JO at-11 Revocation - f II' al,n relating to"specified activities"or"specified sexual shall I II f the operation 1 the licensed anatomical areas" defined In section 20.20.16 h s any premises in I tl thedl of Salt Lake City segment or section of Its premises devoted to the sale or display Corperation.Woo a 11011 g Ito the board of Salt Lrike Clio of such above described matter from whl4,minors are excluded. Corninimimiers of a violation,attar heat ice before saidboard,or Sec.512-11 Adult busies An'adult business'shell mean wieners aft II t f e 01 anv shop or retell badness or theatre,store,drul05p00royor other f1 is l0 Nviolations occurring I tit p' licensed d i where otherwise permitted to adult d,croons to the edvertrtsed toot to thischapter,Ile(Hard of cumn,oe,co.,of Sall I-ke thereof that caters exclusively City a revoke or suspend the license ileenses coverir.ethe or overused exciu under slon of persons der the ago of 18 years of u d I -'r' : d cfor - t n '.J -ink f the Adult breineas"00IhfInaml am tie term,"adult bWksfire'end nr.:hil th.rr.of.for potion cad film t - d inch d n.. ,'adSec theatre" dolfr N In e.this"Adult Sec_5" ad Adolf theatre."Aeult100tro"sell binary a (a)eA violation Cr Lonvfr faun a ee<iton•.32210 or srcttun Inns "A" adult tam Penal Refine in Icti theatre 3e-/-7,12:•v iota(lido.ncc of Salt Labe set CITY. Revised Ordin orate/ding a material City as defined In section 2P20-2 (C)A It rre ,' �nrf rah phi chapter RevisedTIOn Ordinances Cm. crane.,ii20-20.1-oo 91)010 :1 If aI i,ordinance1.refer f .'t-Cis Revised TOrdinancess 0 SalSectt Lake2City,l Utah 1065,1rehirinfg the to 2 2 a 32 2.6 or en 316,l',vircrl Ord n.tnre,of Solt Lake City, Ruslness"8 3'(Notelet,be,and the name hereby Is amarxied as Utah,15aa. follows (c)Vloletions or conviction,or v meterial misrepreseribi Sec 51 2 1••• lion nr for any fraud ei 1'1 on the I lV thrum II.t 'rO t I .... (11)Class"8"theatre licensed pursuant to chapter 200f title ()A viniatlim 0 any low of1 State f Utah 1 l 20 of these revised ordinances Sall t ik (Ity which dfarto tlic lomith,welfare1 rarefy of its (12)Provided,however,the foregoing op of notwithstanding no residents 1 which t 00 . r t glo . retail Mislneis,store,drugstore or other premises nativity licensed under this ctapirn d d net arc.,ntal permitted within this district may he located within said district thereto. If id businessestablishmentl orany portion thereof cater s O)A v,I,'.m or r,t ISnull OI 0rlO log,ration rtctutes for Cluam or adult the exclusio f persons under the see of •h!Ue the establlsnmciR is Hui Pratwrly licensed as req,lred uv 18 veers lea class 8"non-profit club licensed under the the-.chaptr provisions f chater 20 of tine 20 of th Revised Ordnances of Sic.20.20.17.P i t i revocation f a Salt Lake City. I '.A Y revocationI II - pursuant f this SECTION A. That Section 51211(71) of the Revised section shall notbe had 1'I a hearina isIir at healbefo thecae' Ordinances of Salt Lake City,Utah,1965,relating to Commercial n.Rea-on..r face Of Ihe titreI War. !such "C 3'District,be,and the same hereby Is amended as follows:Iwoine, together-withnotice of the nature of charges or Sec.51-241.••• curl-ea/int !the - c t Its promises so I toreason ' Ia abl/ 1 then d nnahlehim,to an' such (7A1fa)In the development and adoption.this ordinance,it rhareet aid cemplabit,alien he served upon t -o li as is recognized that Mere ale some business uses which because of ermiited ay 11.Utah R Civil Pemerturo.Tao Ice shall their very nature are and have been recognized as having serious le the ht i t d1 I Ji by 0biectional oparatiodal characteristics,particularly wherever bah,), 1 evictor.,present anarmant on the II defend lore Man proximity, having business Is concentrated within an area of behalf, f :' i l all. waveclose ximity,having n serloos deleterious eHect upon these I'. fieniti,e.The board orhty ecaimissioners shall make, surrounding areas.It has been well recognized by titles andrialto,and decision boned no fro evidencepresented to 14 al tiro communities across the nation that Meteoric/local governmental hearer,..,h.td,here molt shall he wit ie.1insanes01 fret res ave a special concern In regulating the operation of such Ira a custom,of law aid enter a soled order et deeislen. businesses within their luriddicthons to insure that such adverse If a violation is found by the board of commissioners el a affects wilt not contribute to the blighting or do'wngradina of surrounding relghborteods r0 the harming of youth' their conviction is obtained under subsection(a)Of section until communities. Thesespecial regulations are set fain In Id oceflm a Individual shot'not take effect until its, subsection,(b nd(c)below.Te primary control or regulation toms•ladderIndividual found In violation convict. 0 thes sfaall Ntmenh is for the purpose of preventing 1 Hereunder has ord opportunity to exhaust all his adminshafive concentration of these In v area are for tine add appellee re nedles. preservation of neighborhoods in adlacent areas In which these Sec.20-20-13.Id.New Ikense application.If shall be unlawful locations may be permitted. • fe ere ,firm,uorpeatlon shy elvent,manageror 0(6)Noshoo,retail business,store,drug store,adult business, operator of any person,corporntlm or firm who has had license or tiler Ise Cr any portion thereof which caters excluslvecv str n,Mt,revoked m denied under the provisions of this chapter to adults to the advertised or unadvertised exclusiml of persons to apply,rewash'for,or Obtain a dean e:wired by Iles chapter under the age Of 18 years may be located within a three black i durilg the floe sold hoarse has been revoked. Bust/ended Or radius d the following: denied,or fora period of one year,whichever time Is less. fU AnT school,park or church; Sec.2P2051A.ggasetor,lt of Inspectors ter the purpose of II)Wwss.1000 fee re enY other simliar establishmentar enforcement of thiS chapter.The departments of tire,heath, adult business. I zoning,building and hours services and the potoe department For the Purposes 1 apieal the above criteria in' mall &dig01 a members of their departments to 1 as dotarminlig a three(3)block radius a block shall or with a insperksrs of establhnn10de required to be licensed by this standard city grid block fart of 660 linear feet together with a chapter.Said eatebllst mere/S shall be open to Inspection to the otreef of 8 rods or a total of 7921 Meer feet per block.Said radius Inspectors of each of the above depart-nerds per the purpose of S snail be determined from the perimeters of the property boss of Investigationmnt end enforcee of M schools,e applicable ordinances of scolste and a parks a from the point of a church or other building Soil L Salt Lek,Cite end the love of Ihe State of Utah closest to the proposed location, SRC.20-20-15.Prohibited advertising.11 shall be unlawful tor (Cl Exceptions m licensee under chapter 20 of title 20 of these ordinances or (l)The regulations in wb.oelion(b)abOVe shell not spray to any overate,agent empfoYee of such transee,to advertise premisec noersed/ sell Leer,whkth licences shall be governed through or m any posher,billboard,marquee or ad of any nature by the provisions of to 19 and 20 of iF se revised ordinances. descripti t which Is dusphved le public vino In Salt Lake City III)Any adult moo he other than those Itemised to sell and which i lints to public view any of tee sexual activities or those is bevera0 may be allowed upon le ekes other than sexual anatomical areas asdefined In Section 20-2P76.The by outlined above,coon re Ina seeclal approval of the isl displeor suc activity Or area is hereby declared board of ceennessloners as provided In tie procedure estabished to be devoid orf any6'social valid or Importance. In section20-20.7(2)of Mese revised Ordinances. 20 7R16.SPOClf eed sexual activities or sexual anatomical SECTION 5.In the opinion of the Board Of Commslssloners of defined- Specified sexual l ayes¢::'or"specified sexual Salt Lake City,If Is necessary to the peace,health and welfare of anatomical mean' a.are defined to lie Ines the following: the habitants of Sall Lake City that this ordinance become The rr ,l n/ e covered or ueoverr .:ur;aoitols Ina dlscernlble effective Immediately. 'turgid stale. SECTION 6.This Ordinance shall take effect upon its first WdPassed by the Board of Commissioners of Salt Lake City, Utah,this 29th day of December,1977, J[NNTemporrary Chairman C ttyORR�EDodVr HIGMAAI (SEAL) Publish tl. ualrv7 3.1973 _.. (A-31). a2a