Loading...
156290 0 1 2 ORDINANCE NO. 15,629 3 4 AN ORDINANCE REGULATING THE LOCATION OF 5 SEXUALLY ORIENTED BUSINESSES. 6 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 24 o-5/1 t9 -) M M M M M M M M M M M M M M M 20 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 -2- 16-m M= W i= M= M= M M M • • 26 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 ". 36 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (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. -n- 27 ® M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 j 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ■ � e i M a M M M M M M M (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. -5- 28 i i i i 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 -6- 29 � M M M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 9 0 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: — 2i? MARK STODOLA, CITY ATTORNEY -7= APPROVED: A:U z / MAYOR FLUYD G' III 30