053 of 1988 - Amending Chapter 61 of Title 5 of City Code Dealing with Licensing Sexually Oriented Businesses 0 88-1
0 88-2 6
SALT LAKE CITY ORDINANCE
No. 53 of 1988
(An ordinance amending Chapter 61 of Title 5
of the Salt Lake City Code dealing with licensing
Sexually Oriented Businesses and Employees
amending Bills No. 21 and 36 of 1988)
AN ORDINANCE AMENDING CHAPTER 61 OF TITLE 5 OF THE SALT
LAKE CITY CODE DEALING WITH LICENSING SEXUALLY ORIENTED
BUSINESSES AND EMPLOYERS AS PASSED BY BILL NO. 21 OF 1988
AND AMENDED BY BILL NO. 36 OF 1988.
WHEREAS, the City Council believes certain amendments
to be appropriate for the clarification and implementation
of the Sexually Oriented Business License Ordinance;
NOW, THEREFORE, the City Council of Salt Lake City,
Utah, hereby adopts the following amendments to Chapter 61
of Title 5 as adopted by Bill No. 21 of 1988 and amended by
Bill No. 36 of 1988.
SECTION 1. Section 5. 61.050(C) be amended to read as
follows:
(C) "Adult Bookstore" or "Adult Video Store" means a
commercial establishment:
( 1 ) Which excludes minors from more than fifteen
( 15%) percent of the retail floor or shelf space of the
premises, or
(2) 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
paraphernalia which are designated for use in
connection with "specified sexual activities" , except
for legitimate medically recognized contraceptives.
SECTION 2. That Section 5.61.050(D) be amended to read
as follows:
D. "Adult Motion Picture Theatre" means a commercial
establishment which:
( 1 ) Excludes minors from the showing of two
consecutive exhibitions; repeated showings of any
single presentation shall not be considered a
consecutive exhibition; or
(2) 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" .
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SECTION 3. That Section 5. 61. 110(1) shall be amended
to read as follows:
W All criminal convictions or pleas of nolo
contendre, 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 conviction or plea of nolo contendre
and sentence of each conviction or other disposition;
identifying the convicting jurisdiction and sentencing court
and providing the court identifying case numbers or docket
numbers. Application for a Sexually Oriented Business or
Employee license shall constitute a waiver of disclosure of
any criminal conviction or plea of nolo contendre for the
purposes of any proceeding involving the business or
employee license.
SECTION 4. That Section 5.61. 110(M) be deleted.
SECTION 5. That Section 5. 61.200(A)( 1) shall be
amended to read as follows:
5. 61.200 Issuance of License. (A) 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:
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( 1 )
(2)
(3) The applicant has falsely answered a material
question or request for information as authorized by this
ordinance.
SECTION 6. That Section 5. 61.210(A) shall be amended
to read as follows:
5. 61 .210 General Regulations. It shall be unlawful
for any Sexually Oriented Business or Sexually Oriented
Business Employee to:
(A) Allow persons under the age of 18 years, or the
age of 21 years if required by applicable liquor ordinance,
on the licensed 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;
SECTION 7. That Section 5. 61.210( 6) shall be amended
to read as follows:
( 6) Allow, offer or agree to any Sexually Oriented
Business Employee touching any patron or customer; except
that out-call employees and customers may touch except that
any touching of specified anatomical areas, whether clothed
or unclothed, is prohibited;
SECTION 8. That Section 5. 61.212 is enacted by Bill
No. 36 of 1988 be amended to read as follows:
5. 61.212 Legitimate artistic modeling. The City does
not intend to unreasonably or improperly prohibit legitimate
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modeling which may occur in a state of nudity for purposes
protected by the First Amendment or similar state
protections. The City does intend to prohibit prostitution
and related offenses occurring under the guise of nude
modeling. Notwithstanding the provisions of Section
5. 61.210(11 ) a licensed "out-call" employee may appear in a
state of nudity before a customer or patron providing that
the contract for such appearance was entered into between
the customer or patron and the employee at least 24 hours
before the nude appearance. All of the other applicable
provisions of this ordinance shall still apply to such nude
appearance.
In the event of a contract for nude modeling or
appearance signed more than 48 hours in advance of the
modeling or appearance the individual to appear nude shall
not be required to obtain a license pursuant to this
ordinance. During such unlicensed nude appearance it shall
be unlawful to:
(1 ) * *
SECTION 9. That Section 5. 61.320(2) shall be amended
to read as follows:
(2) While on the portion of a business licensed as a
Semi-Nude Dancing Bar used by patrons, performers shall be
dressed in opaque clothing covering the performer's buttocks
and pubic area and, in the case of a female the breast and
nipples.
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SECTION 10. That Section 5. 61.050(L) shall be amended
to read as follows:
(L) "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. "Escort" shall not
be construed to include persons who provide business or
personal services such as licensed private nurses, aides for
the elderly or handicapped, social secretaries or similar
service personnel whose relationship with their patron is
characterized by a bona fide contractual relationship having
a duration of more than twelve ( 12) hours and who provide a
service not principally characterized as dating or
socializing. "Escort" shall also not be construed to
include persons providing services such as singing
telegrams, birthday greetings or similar activities
characterized by appearances in a public place, contracted
for by a party other than person for whom the service is
being performed and of a duration not longer than one ( 1 )
hour.
SECTION 11. That Section 5. 61. 110(G) be amended to
read as follows:
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(G) For an individual applicant required to obtain a
Sexually Oriented Business Employee license as an Escort or
as a Nude Entertainer, 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.
SECTION 12. This ordinance shall take effect upon its
first publication.
Passed by the City Council of Salt Lake City, Utah,
this 9th day of August 1988.
CHAIRPERSON
ATTEST:
T., RE DER
Transmitted to the Mayor on August 10, 1988
Mayor 's Action: XX Approved Vetoed
JAL
MAYOR
ATTEST:
C I REMADtR
BRB:cc
SEAL
BILL 53 of 1988
Published: August 14, 1988
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SYNOPSIS OF
SALT LAKE CITY ORDINANCE
53 OF 1988
The Salt Lake City Council at its August 9, 1988, meeting adopted
an ordinance amending Chapter 61 of Title 5 of the Salt Lake City
Code, dealing with licensing Sexually Oriented Businesses and
Employees amending Bills No. 21 and 36 of 1988.
Copies of the ordinance in it entirety are available for review
in the City Recorder' s Office, 5th Floor, City Hall, 324 South
State, during regular business hours.
This ordinance shall take effect upon its first publication.
(0-88-26)
PUBLISHED: August 14, 1988
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