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036 of 1988 - Amending Chapter 61 of Title 5 of City Code Dealing with Licensing Sexually Oriented Businesses 0 88-1 0 88-22 SALT LAKE CITY ORDINANCE No. 36 of 1988 (An Ordinance amending Chapter 61 of Title 5 of the Salt Lake City Code dealing with licensing sexually oriented businesses and employees as passed by Bill No. 21 of 1988. AN ORDINANCE AMENDING CHAPTER 61 OF TITLE 5 OF THE SALT LAKE CITY CODE DEALING WITH LICENSING SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES AS PASSED BY BILL NO. 21 OF 1988. WHEREAS, the City Council passed Bill No. 21 of 1988 on April 5, 1988 adding a new Chapter 40 to Title 20 of the former Revised Ordinances of Salt Lake City, since redesignated as Chapter 61 of Title 5 of the Salt Lake City Code, dealing with licensing Sexually Oriented Businesses and Employees; and WHEREAS, in the implementation of the Sexually Oriented Business License Ordinance certain clarifications were found to be required upon suggestion of the police department and the business license department; and WHEREAS, these changes were discussed within various City departments prior to May 13, 1988 and amendment were suggested and discussed; and WHEREAS, the City Council believes such amendments to be appropriate for the clarification and implementation of the Sexually Oriented Business License Ordinances; 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. SECTION 1 . That Section 5. 61 .050( 7) is amended to read as follows: (7) "Nude Entertainment Business" shall mean a business, including Adult Theatre, where employees perform or appear in the presence of patrons of the business premises in a state of nudity or semi-nudity. A business shall also be presumed to be a "Nude Entertainment Business" if the business holds itself out as such a business. SECTION 2. That Section 5. 61 .210 be amended by adding a new subsection 12 as follows: ( 12) Allow, offer or agree to allow a patron or customer to masturbate in the presence of the Sexually Oriented Business Employee or on the premises of a Sexually Oriented Business. SECTION 3. That Chapter 61 be amended by adding a new Section 5. 61 .212 as follows: Sec. 5. 61 .212. Legitimate artistic modeling. The City does not intend to unreasonably or improperly prohibit legitimate 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 -2- the customer or patron and the employee at least 36 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 72 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 ) Appear nude or semi-nude in the presence of persons under the age of 18; (2) Allow, offer or agree to any touching of the contracting party or other person by the individual appearing nude; (3) Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor or committing activities harmful to a minor; (4) Allow, offer, commit or agree to any sex act as validly defined by Salt Lake City Ordinances or State statute; ( 5 ) Allow, offer, agree or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude. ( 6) Allow, offer or agree for the individual appearing nude to be within five feet of any other person while performing or while nude or semi-nude. -3- SECTION 4. That Section 5. 61.050( 19 ) shall be amended to read as follows: ( 19 ) "Semi-nude" means a state of dress in which opaque clothing covers no more than the nipple and areola of the female breast, and the male or female genitals, pubic region and anus shall be fully covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back which shall not taper to less than one inch wide at the narrowest point. SECTION 5. That Section 5. 61.050( 15 ) shall be amended to read as follows: ( 15) "Nudity" or "state of nudity" means a state of dress in which the nipple and areola of the female breast or male or female genitals, pubic region or anus are covered by less than the covering required in the definition of "semi- nude" . SECTION 6. That Section 5. 61.270 be amended to read as follows: Sec. 5. 61. 270. 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 dance, model or 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. -4- SECTION 7. That Section 5. 61 .280 be amended to read as follows: Sec. 5. 61.280. Semi-Nude Dancing in Licensed Business. It shall be unlawful for any person to perform or appear in a state of semi-nudity as a professional dancer, model, performer or otherwise 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. SECTION 8. That Section 5. 61.290 be amended to read as follows: Sec. 5. 61.290. 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 dancer, model or performer to appear in a state of semi- nudity or nudity 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 perform as a professional dancer, model or performer in a state of semi- nudity or nudity either gratuitously or for compensation, in, or for, any business licensed pursuant to this ordinance unless such person is licensed pursuant to this ordinance. -5- SECTION 9. That Section 5. 61.300 is amended to read as follows: Sec. 5. 61.300. Activities of Performers. It shall be unlawful for any professional dancer, model or performer, 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; to allow another person to touch said performer or to place any money or object on said performer or within the costume or person of said performer; or for the performer to place anything with the costume or adjust or move the costume while performing so as to render the performer in a state of nudity. SECTION 10. That Section 5. 61.310 is amended to read as follows: Sec. 5. 61.310. Activities of Patrons. It shall be unlawful for any person, or any patron of any business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; or to give or offer to give to any such performer any drinks, money or object while said performer is performing except that money may be placed on the stage which shall not be picked up by the performer except by hand. SECTION 11. That Section 5. 61.320 is amended to read as follows: -6- Sec. 5. 61.320. Costume Requirements. It shall be unlawful for performers in Semi-Nude Dancing Bars to fail to comply with the following costume requirements: (1 ) Performers 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 performer shall appear in any business licensed as a Semi- Nude Dancing Bar during a performance or appearance, with less than opaque clothing which meets the definition of "semi-nude", and, in the case of a female performer, covers 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, performers shall be dressed in opaque clothing covering the performer' s body from the shoulders to the knees excluding the performer' s arms and hands. SECTION 12. That Section 5. 61.330 is amended to read as follows: Sec. 5. 61.330. Stage Requirements. It shall be unlawful for any performer 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 of the -7- 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. SECTION 13. That Section 5. 61.050( 6) be amended to read as follows: ( 6) "Semi-nude Dancing Bars" shall mean any businesses licensed as a Class C private club or Class C-Tavern which permits dancing, modeling or other performance or appearance however characterized in a state of semi-nudity. SECTION 14. That Section 5. 61 .210(6 ) 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, while in public, may touch except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited; SECTION 15. That Section 5. 61.220 shall be amended to read as follows: Sec. 5. 61. 220. Out-Call Services; Duties to Patrons. It shall be unlawful for any business or employee providing Out-Call services, contracted for in Salt Lake City, to fail to comply with the following requirements: SECTION 16. That Section 5. 61.200( 1 ) (e) be amended to read as follows: -8- (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. Businesses located outside of the corporate boundaries of Salt Lake City, but requiring a license under this ordinance, may be denied a license pursuant to this ordinance if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location. SECTION 17. That Section 5. 61.210(8 ) be amended to read as follows: (8) Allow licensed Sexually Oriented Business Employees to possess, use, sell or distribute controlled substances, while engaged in the activities of the business; SECTION 18. That Section 5. 61. 220(2 ) shall be amended to read as follows: (2) All out-call businesses licensed pursuant to this 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 licensed location shall appear and be included in all patron contracts and published advertisements. For out-call -9- businesses which premises are licensed within the corporate limits of Salt Lake City private rooms or booths where the patrons may meet with the out-call employee shall not be provided at the open office or any other location by the service nor shall patrons meet out-call employees at the business premises. SECTION 19. That Section 5. 61. 170 shall be amended to read as follows: Sec. 5.61. 170 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 any sexually oriented business to do business in Salt Lake City under any name other than the business name specified in the application. SECTION 20. That Section 5.61. 180 shall be amended to read as follows: Sec. 5. 61 . 180 Display of license. It shall be unlawful for any Sexually Oriented Business location within the corporate boundaries of Salt Lake City 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 ordinance to fail to, at all times while engaged in licensed -10- activities within the corporate boundaries of Salt Lake City, 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 police, City licensing or other enforcement personnel or health official, it shall be unlawful to fail to show the appropriate licenses while engaged in licensed activities within the corporate boundaries of Salt Lake City. SECTION 21. That Section 5. 61.060 be amended to read as follows: Sec. 5. 61.060 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 Ausinesses, Nude Entertainment Businesses or Semi-Nude Dancing Bars pursuant to this ordinance shall only be allowed in areas zoned for their use pursuant to Chapter 91 of Title 21. Businesses licensed as Out-Call Services and Nude and Semi-Nude Dancing Agencies are not limited to locations permitted by Chapter 91 of Title 21. SECTION 22. This Ordinance shall take effect the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 14th day of June 1988. -11- CHAIRPERSON ATTEST: Ny _ m CI i' RECO Transmitted to the Mayor on June 15, 1988 Mayor's Action: X Approved Vetoed x . 4 MAYOR ATTEST: CTT ECjllE BRB:cc (SEAL) BILL 36 of 1988 Published: June 23, 1988 -12-