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021 of 1988 - Text Amendment Sexually Oriented Businesses O 88-1 O 88-3 SALT LAKE CITY ORDINANCE No. 21 of 1988 (An ordinance amending Title 20 of the Revised Ordinances of Salt Lake City by adding a new Chapter 40 dealing with licensing Sexually Oriented Businesses and Employees and repealing or amending other ordinances to conform with the new license ordinance including Sections 19-3-15; 19-4-12, 20-20-1, et seq., 20-34-1, et seq., and 20-37-1, et seq. and Sections 51-2-4A, 4.1 and 4.2) AN ORDINANCE AMENDING TITLE 20 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, RELATING TO LICENSING OF SEXUALLY ORIENTED BUSINESSES AND REPEALING AND AMENDING OTHER ORDINANCES RELATED TO THE SUBJECT INCLUDING SECTIONS 19-3-15, 19-4-12, 20-20-1, ET SEQ., 20-34-1, ET SEQ., AND 20-37-1, ET SEQ. WHEREAS, Section 10-9-1, Utah Code Annotated gives the City the power to regulate the location and use of buildings, structures and land for the purposes of "promoting health, safety, morals and the general welfare of the community; and WHEREAS, Section 10-8-41, Utah Code Annotated gives the City the power to suppress and prohibit the keeping of disorderly houses, houses of ill fame or houses kept by, maintained for, or resorted to or used by, one or more persons for acts of perversion, lewdness or prostitution and also empowers the City to make it unlawful for any person to commit or offer or agree to commit an act of sexual intercourse for hire, lewdness or moral perversion or for any person to secure, induce, procure, offer or transport to any place within the City any person for the purposes of committing an act of sexual intercourse for hire, lewdness or moral perversion or for any person to receive or direct or offer or agree to receive or direct any person into any place or building within the City for the purposes of committing an act of sexual intercourse for hire, lewdness or moral perversion or for any person to aid, abet or participate in the commission of any of the foregoing and further prohibit the sale, distribution or exhibition of obscene or lewd publications, prints, pictures or illustrations; and WHEREAS, Section 10-8-39, Utah Code Annotated gives the City the power to license, tax and regulate businesses including businesses which could be described as "sexually oriented businesses" ; and WHEREAS, Section 10-8-84 allows the City to pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by Chapter 8 of Title 10 of Utah Code Annotated which are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort and convenience of the City and its inhabitants; and -2- WHEREAS, in recent years there has been a growing concern on the part of public officials and residents of Salt Lake City regarding the possible appearance of a blighting and degrading effect upon certain neighborhoods in the City from a concentration of sexually oriented adult entertainment businesses in such neighborhoods; and WHEREAS, the City Council has held public hearings before its own body and also before the Planning Commission on the related Sexually Oriented Business zoning Ordinance; and WHEREAS, the City Council has relied on the findings and experiences of cities including Seattle, Los Angeles, Dallas and others concerning the effects and regulation of sexually oriented businesses; and WHEREAS, as a result of these hearings the City Council finds that sexually oriented businesses are frequently used for unlawful sexual activity; and WHEREAS, the City Council further finds that concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizen; and WHEREAS, licensing and zoning are legitimate and reasonable means of time, place and manner regulations to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do -3- not knowing 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 residential areas adjacent to them, causing increased crime and the degrading of property values; and WHEREAS, the City Council finds that it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent areas; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby preserve the property and character or surrounding neighborhoods, deter the spread of urban blight, protect the citizens from increased crime, preserve the quality of life, and protect the health, safety and welfare of the citizenry; and WHEREAS, the City Council desires to protect the patrons of sexually oriented businesses from dangerous conditions and to protect the youth of the City from exposure to inappropriate material; and WHEREAS, many City residents are offended by Sexually Oriented Businesses and harbor fears about their own safety and the well-being of their children and families if exposed -4- to such businesses and the persons who patronize them and these residents should have their rights of travel and association accommodated, if reasonable; and WHEREAS, the City Council further finds that restricting sexually oriented businesses to being no closer to each other than 1,000 feet will minimize the problems of concentration and allow individuals and their families, who may be offended by such business and the people who patronize them, to reach their destinations on foot without passing such a business; and WHEREAS, the time, place and manner restrictions of this ordinance are required to protect important governmental interests and are reasonably related to achieve the protection of those interests with the minimum interference necessary to rights protected by state and federal constitutional provisions; NOW, THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendment to Title 20. Be it ordained by the City Council of Salt Lake City, Utah• SECTION 1. That Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended, relating to business licenses be, and the same hereby is amended by adding a new Chapter 40 relating to the licensing of sexually oriented businesses and employees as follows: -5- Sec. 20-40-1. Title. This ordinance shall be known and may be referred to as the Sexually Oriented Business and Employee Licensing Ordinance. Sec. 20-40-2. Purpose. It is the purpose and object of this ordinance that the City establish reasonable and uniform regulations governing the time, place and manner of operations of Sexually Oriented Businesses and their employees in Salt Lake City. This ordinance shall be construed to protect the governmental interests recognized by this ordinance in a manner consistent with constitutional protections provided by the United States and Utah Constitutions. Sec. 20-40-3. General applicability. This ordinance imposes regulatory standards and license requirements on certain business activities, which are characterized as "Sexually Oriented Businesses" and certain employees of those businesses characterized as "Sexually Oriented Business Employees" . Except where the context or specific provisions require, this ordinance does not supersede or nullify any other related ordinances, including, but not limited to, Title 20, Chapters 1 and 2, Title 32 and Title 51. Sec. 20-40-4. Obscenity. Notwithstanding anything contained in this ordinance nothing herein shall be deemed to permit or allow the showing or display of any matter which is contrary to the provisions of Sections 32-2-10 or -6- 32-7-7 of the Revised Ordinances of Salt Lake City or other applicable federal or state statutes prohibiting obscenity. Sec. 20-40-5. Definitions. For the purpose of this ordinance the following words shall have the following meanings: (1 ) "Sexually Oriented Business" shall mean Nude Entertainment Businesses, Sexually Oriented Out-Call Services, Adult Businesses, Semi-Nude Dancing Bar, and Semi- Nude Dancing Agencies as defined by this ordinance. (2) "Adult Business" shall mean an Adult Motion Picture Theatre, Adult Bookstore or Adult Video store. (3) "Adult Bookstore" or "Adult Video Store" means a commercial establishment: ( 1 ) Holds itself out to be such a business, or (2) Which excludes minors from more than fifteen (15%) percent of the retail floor or shelf space of the premises, or (3) Which as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas" ; or instruments, devices or -7- paraphernalia which are designated for use in connection with "specified sexual activities", except for legitimate medically recognized contraceptives. (4) "Adult Motion Picture Theatre" means a commercial establishment which: ( 1 ) Holds itself out as such a business; (2) Excludes minors from the showing of two consecutive exhibitions; repeated showings of any single presentation shall not be considered a consecutive exhibition; or (3) As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description or "specified sexual activities" or "specified anatomical areas" . ( 5) "Out-Call Services" shall mean services of a type performed by a Sexually Oriented Business employee outside of the premises of the licensed Sexually Oriented Business including but not limited to escorts, models, dancers and other similar employees. ( 6) "Semi-nude Dancing Bars" shall mean any businesses licensed as a Class C private club or Class C-Tavern which permits dancing in a state of semi-nudity. (7) "Nude Entertainment Business" shall mean a business, including Adult Theatre, where employees perform -8- or appear in the presence of patrons of the business premises in a state of nudity. A business shall also be presumed to be a "Nude Entertainment Business" if the business holds itself out as such a business. (8) "Adult Theatre" means a theatre, concert hall, auditorium, or similar commercial establishments which: ( 1 ) Holds itself out as such a business; or (2) Excludes minors from the showing of two consecutive exhibitions; repeated performance of the same presentation shall not be considered a consecutive exhibition; or (3) As its principal business, features persons who appear in live performances in a state of nudity or which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities" . (9 ) "Sexually Oriented Business Employees" shall mean those employees who work on the premises of the Sexually Oriented Business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees whether or not hired as employees, agents or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business such as, janitors, bookkeepers, and similar employees. Sexually Oriented Business Employees shall not include cooks, serving persons, bartenders and -9- similar employees, except where they may be managers or supervisors of the business. All persons making "out-call" meetings under this ordinance, including escorts, models, guards, escort runners, drivers, chauffeurs and other similar employees shall be considered Sexually Oriented Business Employees. ( 10) "Business License Authority" shall mean the City' s Business License Supervisor or designee. ( 11 ) "Employ" shall mean hiring an individual to work for pecuniary or any other form of compensation whether such person is hired on the payroll of the employer, as an independent contractor as an agent or in any other form of employment relationship. (12) "Escort" shall mean any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement or within any place of public or private resort or any business or commercial establishment or any private quarters. ( 13) "Escort service" shall mean an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts. ( 14) "Escort service runner" shall mean any third person, not an escort, who, for pecuniary compensation, acts -10- in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within Salt Lake City, whether or not said third person is employed by such escort service, escort, patron, or by another business or is an independent contractor or self-employed. ( 15) "Nudity" or "state of nudity" means: (a) The appearance of a human anus, male genitals, female genitals, or female nipple or areola; (b) A state of dress which fails to opaquely cover an anus, male genitals, female genitals, nipple or areola of the female breast. ( 16) "Patron" means any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this ordinance. (17) "Pecuniary compensation" means any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration. (18) "Person" shall mean any person, unincorporated association, corporation, partnership or other legal entity. ( 19 ) "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, anus, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. -11- (20) "Nude and semi-nude dancing agency" shall mean any person, agency, firm, corporation, partnership or any other entity or individual which furnishes, books or otherwise engages or offers to furnish, book or otherwise engage the service of a professional dancer licensed pursuant to this ordinance for performance or appearance at a business licensed for Nude Entertainment, Semi-Nude Dancing Bars or Adult Theatres, (21 ) "Specified Sexual Activities" means: (a) Acts of: ( 1 ) Masturbation: (2 ) Human sexual intercourse; (3) Sexual copulation between a person and a beast; (4) Fellatio; (5 ) Cunnilingus; ( 6) Beastiality; (7) Pederasty; (8) Buggery; or (9 ) Any anal copulation between a human male and another human male, human female, or beast. (b) Manipulating, caressing or fondling by any person of: ( 1 ) The genitals of a human; (2) The pubic area of a human; or (3) The uncovered female nipple and areola. -12- (c) Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. (22) "Specified Anatomical Areas" shall mean the human male or female pubic area or anus 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. 20-40-6. Zoning. It shall be unlawful for any Sexually Oriented Business to do business at any location within the City not zoned for such business. Sexually Oriented Businesses licensed as Adult Businesses, Nude Entertainment Businesses or Semi-Nude Dancing Bars pursuant to this Ordinance shall only be allowed in areas zoned for their use. Sec. 20-40-7. Business License Required. It shall be unlawful for any person to operate a Sexually Oriented Business, as specified below, without first obtaining a Sexually Oriented Business license. The business license shall specify the type of business for which it is obtained. Sec. 20-40-8. Business Categories; Single License. It shall be unlawful for any business premises to operate or be licensed for more than one category of Sexually Oriented Business; except that a business may have a license for both -13- Out-Call Services and Nude and Semi-nude Dancing Agency on the same premises. The categories of Sexually Oriented Businesses are: ( 1 ) Out-Call Services. (2) Adult Businesses. (3) Nude Entertainment Businesses. (4) Semi-Nude Dancing Bars. ( 5) Nude and Semi-Nude Dancing Agency. Sec. 20-40-9. Employee license. It shall be unlawful for any Sexually Oriented Business to employ, or for any individual to be employed by a Sexually Oriented Business in the capacity of a Sexually Oriented Business Employee, unless that employee first obtains a Sexually Oriented Business Employee license. Sec. 20-40-10. State Licensing Exemption. The provisions of this ordinance shall not apply to any sex therapist or similar individual licensed by the State of Utah to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, psychologist, nor shall it apply to any educator licensed by the State of Utah for activities in the classroom. Sec. 20-40-11. License Application; Disclosure. Before any applicant may be licensed to operate a Sexually Oriented Business or as a Sexually Oriented Business Employee pursuant to this ordinance, the applicant shall submit, on a form to be supplied by the Salt Lake City License Authority, the following: -14- (1 ) The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name. (2) If the applicant is a corporation, partnership or limited partnership or individual or entity doing business under an assumed name the information required below for individual applicants shall be submitted for each partner and each principal of an applicant and for each officer, director and any shareholder (corporate or personal) of more than 10% percentage of the stock of any applicant. Any holding company, or any entity holding more than 10% of an applicant shall be considered an applicant for purposes of disclosure under this ordinance. (3 ) All corporations, partnership or non-corporate entity included on the application shall also identify each individual authorized by the corporation, partnership or non-corporate entity to sign the checks for such corporation, partnership or non-corporate entity. (4) For all applicants or individuals the application must also state: any other names or aliases used by the individual; the age, date and place of birth; height; weight; color of hair; color of eyes; present business address and telephone number; present residence and telephone number; Utah drivers license or identification number; and social security number. -15- (5) Acceptable written proof that any individual is at least 18 years of age or, in the case of employees to be employed in businesses where a different age is required, proof of the required age. (6) Attached to the form as provided above, two color photographs of the applicant clearly showing the individual's face and the individuals fingerprints on a form provided by Salt Lake City Police Department. For persons not residing in Salt Lake City the photographs and fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency. (7) For any individual applicant required to obtain a Sexually Oriented Business Employee license as an escort or other "Out-Call" employee dealing directly with the patron or as a Nude Entertainment employee providing services directly with the patron, a certificate from the Salt Lake City-County Health Department, stating that the individual has, within 30 days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable diseases. (8) A statement of the business, occupation or employment history of the applicant for three years immediately preceding the date of the filing of the application. -16- (9) A statement detailing the license or permit history of the applicant for the five year period immediately preceding the date of the filing of the application, including: whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or territory, has ever had a license, permit, or authorization to do business denied, revoked or suspended, or has had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of issuing or denying jurisdiction and state in full the reasons for the denial, revocation. A copy of any order of denial, revocation or suspension shall be attached to the application. (10) All criminal arrests, except those which have been expunged, and the disposition of all such arrests for the applicant, individual or other entity subject to disclosure under this ordinance for 5 years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense); stating the date, place, nature of each arrest and sentence of each conviction or other disposition; identifying the arresting or convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket -17- numbers. Application for a Sexually Oriented Business or Employee license shall constitute a waiver of disclosure of any criminal arrests or convictions for the purposes of any proceeding involving the business or employee license. (11) In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located. (12) A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises together with a schedule of usual fees for services to be charged by the licensee and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include the hours that the business or service will be open to the public; the methods of promoting the health and safety of employees and patrons and preventing them from -18- engaging in illegal activity; the methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities; the methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this ordinance or other statutes or ordinances; the methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease; and, prevent the commission of acts of prostitution or other criminal activity. (13) Such other information and identifications as the Salt Lake City Police Department or Salt Lake City/County Board of Health or City Licensing Authority may reasonably require in order to discover or verify the truthfulness and completeness of the matter as required to be set forth in the application. Sec. 20-40-12. Changes in Information. Any change in the information required to be submitted under this ordinance for either a Sexually Oriented Business license or Sexually Oriented Business Employee license shall be given, in writing, to the Business License Authority and the Police Department, within fourteen days after such change. Sec. 20-40-13 Transfer of Ownership of Business License Prohibited. Sexually Oriented Business licenses granted under this ordinance shall not be transferable. It -19- shall be unlawful for a license held by an individual to be transferred. It shall be unlawful for a license held by a corporation, partnership or other non-corporate entity to transfer any part in excess of 10% thereof, without filing a new application and obtaining prior City approval. If any transfer of the controlling interest in a business licensee occurs, the license is immediately null and void and the business shall not operate until a separate new license has been properly issued by the City as herein provided. Sec. 20-40-14. License Fees. Each applicant for a Sexually Oriented Business or Employee license shall be required to pay regulatory license fees pursuant to the following schedule: ( 1 ) Yearly Business Regulatory license fees: (a) Adult Businesses and Semi-Nude Dancing Bars - $100; (b) Out-Call Businesses - $200; (c) Nude and Semi-Nude Dancing Agencies and Nude Entertainment Businesses - $150; (2 ) For each Business applicant an initial investigation fee of $100 for each applicant required to submit a separate disclosure application; (3 ) Yearly Sexually Oriented Business Employee license fees: (a) Any employee providing out-call business services away from the premises of the Out-Call Business - $150; -20- (b) Adult Business employees, Out-Call Business employees requiring a license but not performing any services outside the licensed premises, Nude Entertainment Business employees requiring a license but not individually providing nude entertainment services to patrons, Semi-Nude Dancing Bar employees requiring a license but who are not performers and employees of Nude and Semi-Nude Dancing Agencies requiring licenses but who are not performers - $50; (c) Employees of Nude Entertainment Businesses personally providing nude entertainment to patrons - $150; (d) Professional dancers performing in Semi-Nude Dancing Bars- $100. (4) Any individual applying for more than one license at the same time shall pay the higher of all applicable fees and an additional $20 for each additional license requested. These fees shall be in addition to the other licenses and fees required to do business in the City. Sec. 20-40-15. Cost Bond. Each application for a Sexually Oriented Business License shall post with the City' s director of business licenses a cash or corporate surety bond payable to Salt Lake City Corporation in the amount of $2,000. Any fines assessed against the business, officers or managers for violations of City ordinances shall be taken from this bond if not paid in cash within ten (10) days after notice of the fine unless an appeal is filed as provided by this ordinance. In the event that funds are drawn against the cash or surety bond to pay such fines the bond shall be replenished to $2,000, within 15 days of the date of notice of any draw against it. Sec. 20-40-16. Term of License and No Proration. Sexually Oriented Business and Employee licenses issued pursuant to this ordinance shall be valid from the date of issuance through January lst of each succeeding year. The license fees required under Section 20-40-14 above shall not be prorated for any portion of a year but shall be paid in full for whatever portion of the year the license is applied for. Sec. 20-40-17. Single Location and Name. It shall be unlawful to conduct business under a license issued pursuant to this ordinance at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by said business shall require a separate license. It shall be unlawful for a Sexually Oriented Business to do business under any name other than the business name specified in the application. Sec. 20-40-18. Display of License. It shall be unlawful for any Sexually Oriented Business location to fail to display the license granted pursuant to this ordinance in a prominent location within the business premises. It shall be unlawful for any individual licensed pursuant to this -22- ordinance to fail to, at all times while engaged in licensed activities, carry their employee license on their person. If the individual is nude such license shall be visibly displayed within the same room as the employee is performing. When requested by a police, City licensing or other enforcement personnel or health official, it shall be unlawful to fail to show the appropriate licenses. Sec. 20-40-19. License in Advertising. It shall be unlawful for any advertisement by the Sexually Oriented Business or employee to fail to state that the business or employee is licensed by the City and shall include the City license number. Sec. 20-40-20. Issuance of License. ( 1 ) The City business license official shall approve the issuance of a license to an applicant within 30 days after receipt of an application, unless the official finds one or more of the following: (a) The applicant is under 18 years of age or any higher age, if the license sought requires a higher age. (b) The applicant is overdue in payment to the City of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a Sexually Oriented Business. (c) The applicant has failed to provide information reasonably necessary for investigation and -23- issuance of the license or has falsely answered a material question or request for information as authorized by this ordinance. (d) The applicant has been convicted of a violation of a provision of this ordinance within two years immediately preceding the application; however, the fact that a conviction is being appealed shall have no effect on the denial. (e) The premises to be used for the business have not been approved by the Salt Lake City-County Health Department, the City Fire Department, the City Police Department, the City building officials or the City zoning officials as being in compliance with applicable laws and ordinances of the City. ( f) The license fees required by this ordinance or by other ordinances have not been paid. (g) All applicable sales and use taxes have not been paid. (h) An applicant for the proposed business is in violation of or not in compliance with this ordinance. (i) An applicant has been convicted or pled nolo contendre to a crime: ( 1 ) Involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts -24- for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; public lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense: (a) For which: (1 ) Less than two years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years, if the convictions are of two or more misdemeanors within the five years; or (2) Less than five years have elapsed from the date of conviction, if the offense is of a felony. (2) The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section. -25- Sec. 20-40-21. General Regulations. It shall be unlawful for any Sexually Oriented Business or Sexually Oriented Business Employee to: ( 1 ) Allow persons under the age of 18 years, or such other higher age as may be required by this ordinance, other City ordinance or state or federal law, on the license premises except that in Adult Businesses which exclude minors from less than all of the business premises minors shall not be permitted in excluded areas; (2) Allow, offer or agree to conduct any "Out- Call" business with persons under the age of 18 years; (3) Except for Semi-Nude Dancing Bars to allow, offer or agree to allow any alcohol being stored, used or consumed on or in the licensed premises; (4) Allow the outside door to the premises to be locked while any customer is in the premises; ( 5) Allow, offer or agree to gambling on the licensed premises; ( 6) Allow, offer or agree to any Sexually Oriented Business Employee touching any patron or customer; (7) Allow, offer or agree to illegal possession, use, sale or distribution of controlled substances on the licensed premises; -26- (8 ) Allow "Out-Call" employees to possess, use, sell or distribute controlled substances, while engaged in the activities of the business; (9 ) Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor or committing activities harmful to a minor to occur on the license premises or, in the event of a "Out-Call" employee or business, the "Out-Call" employee committing, offering or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor; ( 10) Allow, offer, commit or agree to any sex act as validly defined by Salt Lake City ordinances or state statute. ( 11 ) Allow, offer or agree to any "Out-Call" employee appearing before any customer or patron in a state of nudity. Sec. 20-40-22. Out-Call Services; Duties to Patrons. It shall be unlawful for any business or employee providing Out-Call services to fail to comply with the following requirements: ( 1 ) All businesses licensed to provide Out-Call services pursuant to this ordinance shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state -27- the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain and copy of each written contract entered into pursuant to this section for a period not less than one year from the date of provision of services thereunder. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract and pecuniary compensation paid. (2) All Out-Call Businesses licensed pursuant to this ordinance and ordinance shall maintain an open office or telephone at which the licensee or licensee' s designated agent may be personally contacted during all hours out-call employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. Private rooms or booths where the patron may meet with the Out-Call employee shall not be provided at the open office or any other location by the service. (3 ) Out-Call services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that Specified Sexual Activities would be performed by the Out-Call employee. -28- Sec. 20-40-23. Adult Business, Interior Design. ( 1 ) In addition to the general requirements of disclosure for a Sexually Oriented Business any applicant for a license as an Adult Business shall also submit a diagram, drawn to scale of the premises of the license. The design and construction, prior to granting a license or opening for business shall conform to the following: (a) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. (b) Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person being allowed in the restroom per stall and only one person in any stall at a time and requiring that patrons shall not be allowed access to manager' s station areas. (c) For businesses which exclude minors from the entire premises all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the premises shall be designed and constructed so that minors may not see into the area from which they are excluded. -29- (d) The diagram required shall not necessarily be a professional engineer's or architect' s blueprint however the diagram must show marked internal dimensions, all overhead lighting fixtures and ratings for illumination capacity. (2) It shall be the duty of licensee and licensee's employees to insure that the views from the manager' s station of all areas specified in section ( 1 ) above remains unobstructed by any doors, walls, merchandise, display racks or any other materials, at all times that any patron is present in the premises, and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted. (3) The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot candle measured at floor level. It shall be the duty of licensee and licensee's employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present in the premises. Sec. 20-40-24 Nude Entertainment Business; Interior Design Areas. It shall be unlawful for business premises licensed for Nude Entertainment to: -30- ( 1) Permit a bed, sofa, mattress or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted; except that in an Adult Theatre such items may be on the stage as part of a performance. (2) Allow any door on any room used for the business, except for the door to an office to which patrons shall not be admitted, outside doors and restroom doors to be lockable from the inside. (3) Provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet high and six inches wide. The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier. (4) Adult theatres shall also require that the performance area shall be separated from the patrons by a minimum of three feet which separation shall be delineated by a physical barrier at least three feet high. Sec. 20-40-25. Nude Entertainment Businesses; Additional Location Requirements. It shall be unlawful for any business licensed for Nude Entertainment to be located within 330 feet of a business licensed for the sale or consumption of alcohol. Sec. 20-40-26. Defense to Prosecution. It is a defense to prosecution or violation under this ordinance -31- 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 Utah or a college, junior college or university supported entirely or partly by taxation; (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. Sec. 20-40-27. Semi-Nude Dancing Bars; Establishment Selling Alcohol. It shall be unlawful for any business licensed for the sale or consumption of alcohol pursuant to City ordinances to allow any person on the premises to be, or perform in, a state of semi-nudity without first obtaining a license pursuant to this ordinance. Semi-Nude Dancing shall be allowed only in Class C private clubs and Class C taverns. Sec. 20-40-28. Semi-Nude Dancing in Licensed Business. It shall be unlawful for any person to perform as a professional dancer on the premises of a business licensed as a Semi-Nude Dancing Bar , either gratuitously or for compensation, unless that person is licensed as a Sexually Oriented Business Employee. Sec. 20-40-29. Nude and Semi-Nude Dancing Agency. It shall be unlawful for any individual or entity to furnish, book or otherwise engage the services of a professional -32- dancer for pecuniary compensation in, or for, any Nude Entertainment Business, Adult Theatre or Semi-Nude Dancing Bar licensed pursuant to this ordinance unless such agency is licensed pursuant to this ordinance. It shall be unlawful for any individual or entity to furnish, book or otherwise engage or permit any person to dance as a professional dancer, either gratuitously or for compensation, in, or for, any business licensed pursuant to this ordinance unless such person is licensed pursuant to this ordinance. Sec. 20-40-30. Activities of Dancers. It shall be unlawful for any professional dancer, while performing in any business licensed pursuant to this ordinance, to touch in any manner any other person; to throw any object or clothing off the stage area; to accept any money, drink or any other object directly from any person; or to allow another person to touch said dancer or to place any money or object on said dancer or within the costume or person of said dancer. Sec. 20-40-31. Activities of Patrons. It shall be unlawful for any person, or any patron of any business to touch in any manner any professional dancer; to place any money or object on or within the costume or person of any professional dancer; or to give or offer to give to any such dancer any drinks, money or object while said dancer is performing any dance; except that money may be placed on the -33- stage which shall not be picked up by the dancer except by hand. Sec. 20-40-32. Costume Requirements. It shall be unlawful for professional dancers in Semi-Nude Dancing Bars to fail to comply with the following costume requirements: (1 ) Professional dancers shall at all times be costumed during performances in a manner not to violate any City ordinance concerning disorderly or obscene conduct and said dancers shall not perform or conduct themselves in such a manner as to violate the provision of any City ordinance No professional dancer shall appear in any business licensed as a Semi-Nude Dancing Bar during a performance or appearance, with less than opaque clothing which covers and conceals the genitals, anus, pubic area, and, in the case of a female dancer, the areola and nipple of said performer in a shape and color other than the natural shape and color of the nipple and areola; (2) While on the portion of a business licensed as a Semi-Nude Dancing Bar used by patrons, professional dancers shall be dressed in opaque clothing covering the dancer' s body from the shoulders to the knees excluding the dancer' s arms and hands. Sec. 20-40-33. Stage Requirements. It shall be unlawful for any professional dancer in a business licensed as a Semi-Nude Dancing Bar to appear in costume other than on a stage which shall be at least 3 feet from the portion -34- of the premises on which patrons are allowed and which shall be separated from the patrons by a solid barrier or railing the top of which shall be at least 2 feet from the floor. Sec. 20-40-34. Applicability of Regulations to Existing Businesses. ( 1 ) The provisions of this ordinance shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this ordinance and regardless of whether such persons and businesses are currently licensed to do business in Salt Lake City. All such persons and businesses requiring Out-Call Service licenses shall have 45 days from the effective date of this ordinance or until their current license expires, whichever is first in time, to comply with the provisions of this ordinance. All Semi-Nude Dancing Bars and employees thereof requiring licenses and Nude and Semi-Nude Dancing Agency licenses shall have 75 days from the effective date of this ordinance or until their current license must be renewed, whichever is first, to comply with the provisions of this ordinance. All Nude Entertainment Businesses shall have 105 days from the effective date of this ordinance or until their current license must be renewed, whichever is first, to comply with the provisions of this ordinance. All Adult Businesses shall have 135 days from the effective date of this ordinance or until their current license must be -35- renewed whichever is first in time to comply with the provisions of this ordinance. (2) For the year 1988 all business required by this ordinance to be licensed as Sexually Oriented Businesses shall be credited against the fees required by this ordinance with the regulatory license fees paid for the current 1988 license. Sec. 20-40-35. Civil Fines and Criminal Violations. In addition to revocation or suspension of a license as provided in this ordinance each violation of this ordinance shall upon citation by the City Business License Authority, require the licensee to pay a civil penalty in the amount of $500.00. Such fines shall be deducted from the cost bond posted pursuant to this ordinance unless paid within ten days of notice of the fine or the final determination after any appeal. In addition to the civil fines provided in this ordinance the violation of any provision of this ordinance, shall be a class B misdemeanor. Each day of a violation shall be considered a separate offense. Sec. 20-40-36. Injunction. An entity or individual who operates or causes to be operated a Sexually Oriented Business, without a valid license, or who employs, or is employed as an employee of a Sexually Oriented Business or who operates such a business or functions as such an employee in violation of the provisions of this ordinance is subject to a suit for injunction in addition to the civil -36- and criminal violations provided herein and any other remedy available at law or in equity. Sec. 20-40-37. Suspension or Revocation. The City may issue a notice suspending or revoking a Sexually Oriented Business, or employee license granted under this ordinance if a licensee, or an employee of the licensee has: (1 ) Violated or is not in compliance with this Ordinance. (2) Has refused to allow any inspection of the premises of the Sexually Oriented Business specifically authorized by this ordinance or by any other statute or ordinance. (3) Has failed to replenish the cost bond as provided in this ordinance; such a suspension shall extend until the bond has been replenished. (4) A licensee or employee gave materially false or misleading information in obtaining the license. ( 5) A licensee or an employee knowingly operated the Sexually Oriented Business or worked under the Employee license during the period when the business licensee or employee licensee' s license was suspended; ( 6) A licensee has committed of an offense which would be grounds for denial of a license for which the time period required has not elapsed. (7) On two or more occasions within a twelve month period, a person or persons committed an offense in, on or -37- solicited for on the licensed premises of a crime which would be grounds for denial of a license for which a conviction has been obtained and the person or persons were employees, whether or not licensed, of the Sexually Oriented Business at the time the offenses were committed. (8) A licensee is delinquent in payment to the City for ad valorem taxes, or sales taxes related to the sexually oriented business. (9) Suspension or revocation shall take effect within ten days of the issuance of notice unless an appeal is filed as provided by this ordinance. The effect that a conviction is being appealed shall have no effect on the revocation of the license. Sec. 20-40-38. Effect of Revocation. When a license issued pursuant to this ordinance the revocation shall continue for one year from its effective date and the licensee shall not be issued a Sexually Oriented Business or Employee license for one year from the date of such revocation. Sec. 20-40-39. Appeal of Denial, Qualified Approval, Revocation, Suspension or Civil Fines. If the license is denied or approved with qualifications, or if a notice of suspension, revocation, or citation of a civil fine is imposed the applicant or licensee may file an appeal with the Business Licensing Authority. -38- (1) Filing of an appeal must be within ten days of the date of service of the notice of any denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such appeal the Business Licensing Authority shall schedule a hearing before a designated hearing officer within 20 days from the date of the appeal unless such time shall be extended for good cause. (2) The hearing officer shall hold a public hearing on the record and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension, revocation or civil fine was proper under the law. (3) The burden of proof shall be on the City. (4) After the hearing the hearing officer shall have seven working days, unless extended for good cause, in which to render findings of fact, conclusions of law and recommended decision to the Mayor. (5) Either party may object to the recommendation of the hearing officer by filing the party's objection and reasons, in writing, to the Mayor within seven days following the recommendation. In the event the hearing officer recommends upholding a suspension or revocation the license shall be immediately suspended and shall remain suspended until any subsequent appeal is decided. If no objections are received within said -39- seven days, the Mayor may immediately adopt the recommendation of the hearing officer. (6) If objections are received the Mayor shall have ten working days to consider such objections before issuing his final decision. The Mayor may, in his discretion, take additional evidence or require written memorandum on issues of fact or law. The standard by which the Mayor shall review the decision of the hearing officer is whether substantial evidence exists in the record to support the hearing officer's recommendation. Sec. 20-40-40. Severability. In the event that any provision of this ordinance is declared invalid for any reason, the remaining provisions shall remain in effect. SECTION 2. That 19-3-15 is hereby amended to read as follows: Sec. 19-3-15. Entertainer regulations. It shall be unlawful and shall constitute an offense of strict liability for any owner, operator, manager, lessee or licensee, or any agent, employee or person acting with the consent of such owner, operator, manager, lessee or licensee of any place of business licensed to sell beer in Salt Lake City, to allow or permit any dancer, entertainer or other person to appear in or on said place of business naked or so clothed as to expose in any way the genitals, pubic area, anus, or the female nipple or areola of said dancer, entertainer or other person. -40- It shall also be unlawful and constitute an offense of strict liability for any such dancer or entertainer or other person to appear in said place of business naked or so clothed as to expose at any time of appearance the genitals, pubic area, anus or the female nipple or areola. Violations of provisions of this chapter shall be grounds for suspension or revocation of the license or licenses of the establishments where violations occur. SECTION 3. That Section 19-4-12 is hereby amended to read as follows: Sec. 19-4-12. Entertainer regulations. It shall be unlawful and constitute a violation of strict liability for any owner, operator, manager, licensee, lessee, or any agent of said business licensed for the sale or consumption of liquor on the premises in Salt Lake City to allow or permit any dancer, entertainer or other person to appear in or on said place of business naked or so clothed as to expose in any way the genitals, pubic area, anus or female nipple or areola of said dancer, entertainer or other person. It shall be unlawful and constitute an offense of strict liability for any such dancer or entertainer or other person to enter said place of business naked or so clothed as to expose at any time of appearance the genitals, pubic area, anus or female nipple or areola. Violation of this chapter shall be grounds for suspension or revocation of the license or licenses of the establishments where violations occur. -41- SECTION 4. That Sections of Chapter 20 Title 20 be amended to read as follows: Sec. 20-20-1. Theatre or hall operation. License required. * * * Sec. 20-20-2. Theatre license classification. ( 1 ) Class "A" - "Adult Motion Picture" Theatre or "Adult Theatre" licenses. Premises for which a Sexually Oriented Business license is required as an Adult Motion Picture Theatre or Adult Theatre pursuant to the Sexually Oriented Business License ordinance. (2) Class "B" general theatre license. Premises used for presenting motion pictures or materials not requiring a Sexually Oriented Business license. 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. The regulatory fees required for a Sexually Oriented Business license are in addition to these fees. Sec. 20-20-4. Application for license. (1 ) (2) The type and nature of the activity desired to be licensed and shall state whether the type of activity desired requires a Sexually Oriented Business license; (3) -42- i (4) * * * ( 5) * * * (6) Sec. 20-20-5. Referral by the city license assessor. * * * Sec. 20-20-6. Investigations required by city departments. * * * Sec. 20-20-7. Location limitations for certain licenses. ( 1 ) Business classified as a "Class A" theatre requiring a license pursuant to the Sexually Oriented Business license ordinance shall only be located within areas allowed for such businesses pursuant to the Sexually Oriented Business Zoning ordinance. (2) 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. * * * SECTION 5. That Chapter 34 of Title 20 is hereby amended to read as follows: Sec. 20-34-1. Purpose. The purpose of this ordinance is to set forth activities which are permitted by professional dancers in premises which are required to be licensed by the City to sell, or to allow the consumption of -43- alcoholic beverages, but which premises are not required to be licensed as Sexually Oriented Business pursuant to the Sexually Oriented Business license ordinance. Sec. 20-34-2. "Establishment" defined. For purposes of this chapter, "establishment" shall mean all Class B and Class C private clubs and all premises required to be licensed pursuant to the provisions of title 19 of the Revised Ordinances of Salt Lake City, Utah, 1965, which are not licensed as Sexually Oriented Businesses. Sec. 20-34-10. Costume requirements. (a) (b) Notwithstanding the provisions of any other ordinance of Salt Lake City, it shall be unlawful for a professional dancer to appear in any establishment not licensed as a Sexually Oriented Business in a state of semi- nudity as defined in the Sexually Oriented Business License Ordinance. (c) It shall be unlawful for a professional dancer, while on the portion of the premises of an establishment used by patrons, to be dressed in other than opaque clothing, covering the dancer's body from the shoulders to the knees excluding the dancer's arms and hands at all times other than during the dancer' s performance. SECTION 6. That Chapter 37 of Title 20 is hereby repealed: -44- ti t M • SECTION 7. That Section 32-2-11 be amended to read as follows: Sec. 32-2-11. Obscene conduct in places of business, suspension or revocation of license. It shall be unlawful for any owner, operator, manager or lessee, or any agent, partner, associate or employee of such owner, operator, manager or lessee, of any place of business, the business of which is licensed and regulated by Salt Lake City, to allow or permit an entertainer, employee, patron or any other person to appear in or on said place of business naked, or in indecent attire or lewd dress except in such businesses licensed as Nude Entertainment Businesses pursuant to the Sexually Oriented Business License Ordinance or to make any obscene exposure of his or her person. SECTION 8. That Sections 51-2-4A, 51-2-4. 1 and 51-4.2 are hereby repealed. SECTION 9. That Section 51-36-3(1) enacted by Bill No. 15 of 1988 is hereby amended to read as follows: Sec. 51-36-3. Definitions. * * * ( 1 ) Sexually Oriented Businesses. Sexually Oriented Businesses shall mean those businesses for which a Sexually Oriented Business License is required as an Adult Business, Nude Entertainment Business or as a Semi-Nude Dancing Bar pursuant to the Sexually Oriented Business License ordinance. -45- SECTION 10. This Ordinance shall take effect immediately upon publication. Passed by the City Council of Salt Lake City, Utah, this 5th day of April 19887 CHAIRPERSON ATTEST: CITY RE ER Transmitted to the Mayor on April 5, 1988 Mayor's Action: 415188 Approved Vetoed �14'lQ�JJ .1.� GC2U=La MAYOR ATTEST: cmly EC R BRB:cc ........ April 16, 1988 -46-