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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" . -2- 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: -3- ( 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 -4- 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. -5- 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: -6- (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 —7— 14D SOUTH MAIN ST. Newspaper Agency Corporation �� I P.O. BOX 45838 AGENT SALT LAKE CITY, UTAH 84145 t1t halt fnkt'Xribunt DESERET NEWS FED.TAX I.D.#87-0217663 MORNING &SUNDAY EVENING &SUNDAY Affidavit of Publication �, Hereby certify that the attached STATE OF UTAH, adve tisem t of SYNOPSIS FSALT LAKE CITY ORDINANCE53 OF 1 SS. for CITY RECORDER was published by the County of Salt Lake NEWSPAPER AGENCY CORPORATION, AGENT FOR THE SALT LAKE TRIBUNE and DESERET NEWS, daily newspapers printed in the English language with general circulation in Utah, and published in Salt Lake City, Salt Lake County in the State of Utah. PUBLISHED ON AUG 14 1958 SUBSCRIBED AND SWORN TO BEFORE ME THIS 15L DAY OFAUrUST 19 _ .. F NOTARY PUBLIC r 5 1 MARCH 1, 1992 COMMISSION EXPIRES RESIDING IN SALT LAKE COUNTY REFCEI��L AUG ~LEGAL 1988 riTy R ADVERTISING INVOICE- ACCOUNT NAME AD NUMBER TELEPHONE CITY RECORDER T**9 801-535-7671 OUST. REF. NO, SCHEDULE MISC.CHARGES SYNOPSIS 53/88 N AUG 14 1988 .00 CAPTION SIZE TIMES RATE AD CHARGE SYNOPSIS OFSALT LAKE CITY OR 22 LINES 1 .83 18.26 DUE AND PAYABLE ON RECEIPT OF THIS INVOICE . 18�2b FOR BILLING INFORMATION CALL 801-237-2796 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 G Fli01�