HomeMy WebLinkAboutOrdinance 4024 ORDINANCE NO. 4024
AN ORDINANCE DEFINING AND CLASSIFYING
SEXUALLY ORIENTED BUSINESS; MAKING SEXUALLY
ORIENTED BUSINESS CONDITIONAL USES; PROVIDING
RESTRICTIONS ON THE LOCATION OF SEXUALLY
ORIENTED BUSINESS; AND PROVIDING PENALTIES FOR
VIOLATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . PURPOSE AND INTENT. It is the purpose of this ordinance to regulate
sexually oriented business to promote the health, safety and general welfare of the citizens of the
city, and to establish reasonable and uniform regulations to prevent the concentration of sexually
oriented businesses within the city. The provisions of this chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content of any communicative materials ,
including sexually oriented materials . Similarly, it is not the intent nor effect of this section to
restrict or deny access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market, unless otherwise restricted by law.
Section 2 . SEXUALLY ORIENTED BUSINESS - DEFINITIONS .
(a) Adult Arcade. Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or mechanically controlled image-
producing devices are maintained to show images to five or fewer viewers at one time, and
where the images so displayed are distinguished or characterized by the depicting or describing
of " specified sexual activities " 0) or "specified anatomical areas " (k) .
(b) Adult Bookstore or Adult Video Store. A commercial establishment whose
principal business purposes is to offer for sale or rental for any form of consideration any one
or more of the following:
( 1) Books, magazines, periodicals or other printed matter, or
photographs , films, motion pictures, video cassettes , or video reproductions ,
slides or other visual representations which depict or describe " specified sexual
activities " 0) or "specified anatomical areas " (k) .
(c) Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment
which regularly features :
( 1) persons who appear in a state of nudity ; or
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Ordinance No . 4024
(2) Live performances which are characterized by the exposing of
"specified sexual activities " 0) or " specified anatomical areas " (k); or
(3) films, motion pictures, video cassettes , slides or other
photographic reproductions which are characterized by the depiction of "specified
sexual activities " 0) or "specified anatomical areas" (k) .
(d) Adult Motion Picture Theater. A commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown, excluding those which are rated by the Motion Picture
Association of America, which emphasize "specified sexual activities " Q) .
(e) Adult Theaters. A theater, concert hall , auditorium, or similar commercial
establishment, which regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of "specified sexual activities" 0) or
"specified anatomical areas " (k) .
(f) Nudity or State of Nudity.
( 1) The appearance of the bare human buttock, anus, male genitals ,
female genitals, or female breast.
(2 A state of dress which fails to opaquely cover a human buttock,
anus, male genitals , female genitals, or areola of the female breast.
(g) Person. An individual, proprietorship, partnership, corporation, association, or
other legal entity.
(h) Sexually Oriented Business. An adult arcade, adult bookstore or adult video
store, adult cabaret, adult motion picture theater, or adult theater as the same are defined herein .
(I) Specified Sexual Activities.
( 1) Human genitals in a state of sexual stimulation or arousal ;
(2) Acts of human masturbation, sexual intercourse, or sodomy ;
(3) Fondling or other erotic touching of human genitals, pubic region ,
buttocks or female breast.
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Ordinance No . 4024
0) Specified anatomical areas.
( 1) Less than completely and opaquely covered human genitals , pubic
region, buttock, and female breast below a point immediately above the top of the
areola; and
(2) Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
Section 3 . SEXUALLY ORIENTED BUSINESS - CLASSIFICATION . Sexually
oriented businesses are classified as follows :
(a) Adult arcade;
(b) Adult Bookstores and adult video stores;
(c) Adult cabarets;
(d) Adult motion picture theaters ;
(e) Adult theaters.
Section 4. CONDITIONAL USE. Sexually oriented businesses shall not be allowed
in any zoning district except C-2 where they may be allowed as conditional uses subject to the
following :
(a) No sexually oriented business may be operated within 500 feet of:
( 1 ) a church;
(2) a public or private elementary , secondary or post-secondary
school; pre-school or child care facility.
(3) a public park.
(b) No sexually oriented business may be operated:
( 1) within 200 feet of a boundary of a residential zone or any
residential use;
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Ordinance No . 4024
(2) within 400 feet of a residential zone or any residential use as
measured by automobile travel distance from the exit of a sexually oriented
business property to the property line of the residential zone or use .
(c) No sexually oriented business may be operated within 1,000 feet of another
sexually oriented business or within 200 feet of any room, building, premises, place or
establishment that sells or dispenses alcohol or beer.
(d) For the purposes of subsection (a), measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building or
structure used as part of the premises where sexually oriented business is conducted, to the
nearest property line of the premises of a church or public or private elementary or secondary
school , or to the nearest boundary of an affected public park, residential district or residential
lot.
(e) § 160. 195, conditions governing application of conditional uses , procedures shall
apply in addition to the specific requirements set forth above.
Section 5 . PENALTIES.
(a) Any person operating or causing to be operated any sexually oriented business
in violation of any part of this ordinance, upon conviction, is punishable by a fine not to exceed
five hundred dollars ($500.00) .
(b) If the violation is, in its nature, continuous in respect to time, the penalty for
allowing the continuance thereof is a fine not to exceed two hundred fifty dollars ($250.00) for
each day that the same is unlawfully continued.
(c) A person who operates or causes to be operated a sexually oriented business in
violation of this ordinance will be subject to a suit for injunction as well as prosecution for
criminal violations .
Section 6. A lawfully operating sexually oriented business shall not be rendered
illegal by the subsequent location of a church, a public or private school, a pre-school , a child
care facility, a public park, residential zoning, or residential uses.
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Ordinance No . 4021L
PASSED AND APPROVED this 18th day of March 1997.
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APPROVED:
By :
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Fed Hanna, Mayor
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By:
Traci Paul, City Clerk