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2 ORDINANCE NO. 15,629
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4 AN ORDINANCE REGULATING THE LOCATION OF
5 SEXUALLY ORIENTED BUSINESSES.
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7 WHEREAS, it is the intent and desire of the Board of
8 Directors to use the police powers of the City in conjunction
9 with the efforts of the Prosecuting Attorney for the Sixth
10 Judicial District of the State of Arkansas, in a joint effort to
11 regulate the proliferation of sexually oriented businesses
12 within the City of Little Rock; and
13 WHEREAS, at public hearings held before both the City
14 Planning Commission and the Little Rock Board of Directors, it
15 was found and determined that these types of businesses are
16 located within close walking distance to single and multi - family
17 dwellings; and
18 WHEREAS, said hearings have determined that these types
19 of businesses have been located in the past near schools and
20 have also been located where children could be expected to walk
21 and patronize and which may have a detrimental effect on the
22 quality of their education; and
23 WHEREAS, said hearings also elicited information
24 expressing a desire that these types of businesses be located
25 away from residential uses, churches, parks, hospitals, historic
26 buildings, schools and other public facilities because of the
27 detrimental effects these businesses have on the various uses of
28 the properties mentioned; and
29 WHEREAS, the Board of Directors have determined that the
30 image of the City of Little Rock, as an attractive place to
31 live, will be adversely affected by the presence of sexually
32 oriented businesses within close proximity of the aforesaid;
33 and
34 WHEREAS, the Board of Directors recognizes that the
35 location of sexually oriented businesses in proximity to
36 residential uses, churches, parks, hospitals, schools and
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1 historic buildings may lead to increased levels of criminal
2 activity in the vicinity of such sexually oriented businesses;
3 and
4 WHEREAS, merchants in the City have expressed their
5 concern about the adverse impact these types of businesses have
6 on the value of their property and on their retail trade, and
7 WHEREAS, the Board of Directors recognizes that such
8 consequences will reduce tax revenues to the City and may cause
9 an area of blight and deterioration in the City; and
10 WHEREAS, the Board of Directors has been advised that
11 numerous cities, including Seattle and Tacoma, Washington; Los
12 Angeles, California; Amarillo, Texas; Indianapolis, Indiana and
13 Phoenix, Arizona, have shown that the location of
14 sexually oriented businesses degrade the quality of the areas of
15 the City where they are located; and
16 WHEREAS, the Board of Directors recognizes that the
17 location of sexually oriented businesses in a concentrated area
18 will lead to the location of additional and similar uses within
19 the same vicinity, thus multiplying the adverse impact they have
20 on residential areas, churches, parks, historic buildings,
21 schools and other public facilities; and
22 WHEREAS, it is the desire of the Board of Directors to
23 regulate sexually oriented businesses at this time to prevent a
24 deterioration of the community before the problem becomes
25 critical.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
27 OF THE CITY OF LITTLE ROCK, ARKANSAS:
28 SECTION 1. Purpose and Intent.
29 It is the purpose of this section to regulate sexually
30 oriented businesses to promote the health, safety and general
31 welfare of the citizens of the City, and to establish reasonable
32 and uniform regulations to prevent the continued concentration
33 of sexually oriented businesses within the City. The provisions
34 of this chapter have neither the purpose nor effect of imposing
35 a limitation or restriction on the content of any communicative
36 materials, including sexually oriented materials. Similarly, it
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1 I is not the intent nor effect of this section to restrict or deny
2 access by adults to sexually oriented materials protected by the
3 First Amendment, or to deny access by the distributors and
4 exhibitors of sexually oriented entertainment to their intended
5 market, unless otherwise restricted by law.
6 SECTION 2. Definitions.
7 (1) Adult Arcade -- Any place to which the public is
8 permitted or invited wherein coin - operated or slug- operated or
9 electronically, electrically, or mechanically controlled
10 image - producing devices are maintained to show images to five or
11 fewer viewers at one time, and where the images so displayed are
12 distinguished or characterized by the depicting or describing of
13 "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS ".
14 (2) Adult Bookstore or Adult Video Store -- A commercial
15 establishment which, as one of its principal business purposes,
16 offers for sale or rental for any form of consideration any one
17 or more of the following:
18 (a) books, magazines, periodicals or other printed
19 matter, or photographs, films, motion pictures, video cassettes,
20 or video reproductions, slides or other visual representations
21 which depict or describe "SPECIFIED SEXUAL ACTIVITIES" or
22 "SPECIFIED ANATOMICAL AREAS "; or
23 (b) instruments -, devices, or paraphernalia which are
24 designed for use in connection with "SPECIFIED SEXUAL
25 ACTIVITIES."
26 (3) Adult Cabaret -- A nightclub, bar, restaurant, or
27 similar commercial establishment which regularly features:
28 (a) persons who appear in a state of nudity; or
29 (b) live performances which are characterized by the
30 exposure of "SPECIFIED ANATOMICAL AREAS" or by "SPECIFIED SEXUAL
31 ACTIVITIES "; or
32 (c) films, motion pictures, video cassettes, slides or
33 other photographic reproductions which are characterized by the
34 depiction of "SPECIFIED ANATOMICAL ACTIVITIES" or "SPECIFIED
35 ANATOMICAL AREAS ".
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(4) 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 which are
characterized or distinguished by an emphasis on matter
depicting, describing or relating to "SPECIFIED SEXUAL
ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS ".
(5) 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 ANATOMICAL AREAS" or "SPECIFIED SEXUAL ACTIVITIES ".
(6) Nudity or State of Nudity --
(a) The appearance of the bare human buttock, anus, male
genitals, female genitals, or female breast.
(b) A state of dress which fails to opaquely cover a
human buttock, anus, male genitals, female genitals, or areola
of the female breast.
(7) Person -- An individual, proprietorship,
partnership, corporation, association, or other legal entity.
(8) SEMI -NUDE -- A state of dress in which clothing
covers no more than the genitals, pubic region and or the female
breast, as well as portions of the body covered by supporting
straps or devices.
(9) Sexually Oriented Business -- an adult arcade, adult
bookstore or adult video store, adult cabaret, adult motion
picture theater, or adult theater whose inventory, merchandise,
or performances are characterized by a preponderance of
"SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS ".
(10) Specified Sexual Activities --
(a) Human genitals in a state of sexual stimulation or
arousal;
(b) Acts of human masturbation, sexual intercourse, or
sodomy;
(c) Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
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(11) Specified Anatomical Areas --
(a) Less than completely and opaquely covered human
genitals, pubic region, buttock, and female breast below a point
immediately above the top of the areolae; and
(b) Human male genitals in a discernible turgid state,
even if completely and opaquely covered.
(12) Residential District -- Any land within the City
limits of Little Rock zoned as R -1, R -2, R -3, R -4, MF -6, MF -12,
MF -18, MF -24, R -5, R -6, R -7, R -7A, HR, MR, HDR or PRD, as
defined by this Ordinance.
SECTION 3. Classification.
Sexually oriented businesses are classified as follows:
(1) adult arcade;
(2) adult bookstores or adult video stores;
(3) adult cabarets;
(4) adult motion picture theaters;
(5) adult theaters.
SECTION 4. Location of Sexually Oriented Businesses.
(1) A person commits an offense if he operates or causes
to be operated a sexually oriented business within 750 feet of:
(a) a church or other religious facility;
(b) a public or private elementary, secondary or
post- secondary school;
(c) a boundary of a residential zone (R -1, R -2, R -3,
R -4, MF -6, MF -12, MF -18, MF -24, R -5, R -6, R -7, HR, MR, HDR or
PRD or any single family or multiple family residential use;
(d) a public park;
(e) a hospital or other medical facility; or
(f) properties listed on the National Register of
Historical Places or local Historic Districts as identified by
in the Arkansas Historic Preservation Program.
(2) A person commits an offense if he causes or permits
the operation, establishment, or maintenance of a sexually
oriented business within 750 feet of another sexually oriented
business.
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1 (3) For the purposes of Subsection (1), measurement shall
2 be made in a straight line, without regard to intervening
3 structures or objects, from the nearest portion of the building
4 or structure used as part of the premises where a sexually
5 oriented business is conducted, to the nearest property line of
6 the premises of a church or public or private elementary or
7 secondary school, or to the nearest boundary of an affected
8 public park, residential district, residential lot, hospital or
9 other medical facility, or properties listed on the National
10 Historic Register or local Historic Districts as identified by
11 the Arkansas Historic Preservation Program.
12 (4) For the purposes of Subsection (2) of this section,
13 the distance between any two sexually oriented businesses shall
14 be measured in a straight line without regard to intervening
15 structures or objects, from the closest exterior wall of the
16 structure in which each business is located.
17 SECTION S. NON - CONFORMING SEXUALLY ORIENTED BUSINESS.
18 (1) Any sexually oriented business lawfully operating on
19 January 18, 1989, that is in violation of Subsection 4 of this
20 ordinance shall be deemed a NON - CONFORMING USE. The
21 non - conforming use will be permitted to continue for a period
22 not to exceed three (3) years, unless sooner terminated for any
23 reason or discontinued for a period of ninety (90) days or more.
24 However, those sexually oriented businesses obligated by a
25 written lease (executed prior to the passage of this ordinance)
26 that exceeds three (3) years from the effective date of this
27 ordinance, or whose activity involves the investment of money in
28 leasehold or improvements such that a longer period is necessary
29 to prevent undue financial hardship, are eligible for review by
30 the Planning Commission for a reasonable extension.
31 Such non - conforming uses shall not be increased,
32 enlarged, extended or altered except that the use may be changed
33 to a conforming use. If two or more sexually oriented
34 businesses are within 750 feet of one another and otherwise in a
35 permissible location, the sexually oriented business which was
36 first established and continually operating at a particular
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location is the conforming use and the later - established
business(es) is non - conforming.
(2) A sexually oriented business lawfully operating as a
conforming use is not rendered a non - conforming use by the
subsequent location of a church, public or private elementary or
secondary school, public park, residential district or
residential lot within 750 feet of the sexually oriented
business. This provision applies only to an ongoing sexually
oriented business, not to a sexually oriented business that has
been terminated for any reason or discontinued for a period of
ninety (90) days or more subsequent to the location of the
church, public or private elementary or secondary school, public
park, residential district, or residential lot.
SECTION 6. Enforcement.
(1) Any person violating any part of this ordinance,
upon conviction, is punishable by a fine not to exceed $500.00.
(2) 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.
(3) A person who operates or causes to be operated a
sexually oriented business in violation of Section 4 of this
Ordinance will be subject to a suit for injunction as well as
prosecution for criminal violations.
PASSED: January 17, 1989
ATTEST:
Qa'WX f irPrl✓
CITi CLERK JAN, CZECH
APPROVED AS TO RM:
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MARK STODOLA, CITY ATTORNEY
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APPROVED:
A:U z /
MAYOR FLUYD G' III
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