15629 (2)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
is 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
t.
1 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 inviteO 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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1 (11) Specified Anatomical Areas --
2 (a) Less than completely and opaquely covered human
3 genitals, pubic region, buttock, and female breast below a point
4 immediately above the top of the areolae; and
5 (b) Human male genitals in a discernible turgid state,
6 even if completely and opaquely covered.
7 (12) Residential District -- Any land within the City
8 limits of Little Rook zoned as R -1, R -2, R -3, R -4, MF -6, MF -12,
9 MF -18, MF -24, R -5, R -6, R -7, R -7A, HR, MR, HDR or PRD, as
10 defined by this Ordinance.
11 SECTION 3. Classification.
12 Sexually oriented businesses are classified as follows:
13 (1) adult arcade;
14 (2) adult bookstores or adult video stores;
15 (3) adult cabarets;
16 (4) adult motion picture theaters;
17 (5) adult theaters.
18 SECTION 4. Location of Sexually Oriented Businesses.
19 (1) A person commits an offense if he operates or causes
20 to be operated a sexually oriented business within 750 feet of:
21 (a) a church or other religious facility;
22 (b) a public or private elementary, secondary or
23 post- secondary school;
24 (c) a boundary of a residential zone (R -1, R -2, R -3,
25 R -4, MF -6, MF -12, MF -18, MF -24, R -5, R -6, R -7, HR, MR, HDR or
26 PRD or any single family or multiple family residential use;
27 (d) a public park;
28 (e) a hospital or other medical facility; or
29 (f) properties listed on the National Register of
30 Historical Places or local Historic Districts as identified by
31 in the Arkansas Historic Preservation Program.
32 (2) A person commits an offense if he causes or permits
33 the operation, establishment, or maintenance of a sexually
34 oriented business within 750 feet of another sexually oriented
35 business.
36
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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 5. 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, 1939
ATTEST:
CIT CLERK JAN, CZECH
APPROVED AS TO RM:
MARK STODOLA, CITY ATTORNEY
APPROVED:
MAYOR FLUYD G. VILLINES , III
LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS § 17 -211
(5) Name of party selling. Here shall be en-
tered the name of the person presenting
the goods for sale. The name shall be sub-
stantiated and verified by the dealer by
examination of the driver's license or so-
cial security card of the seller.
(6) Method of identification The entry here shall
be the number appearing on the driver's
license, social security card or other identi-
fication source of the person selling the
articles.
(7) Address. The address of the person selling
the goods shall be placed in this column.
(8) Description of person. A description of the
person selling the goods shall be made in
this column indicating sex, race, height and
weight.
(9) Thumbprint of person selling the goods. In
this space, the dealer shall require the seller
to place a legible print of his right thumb.
(10) Photograph. In this space the dealer shall
attach a photograph of the goods received.
This paragraph shall not apply to purchases
of gold rings which have no mountings.
(Code 1961, §§ 21- 22- 21 -24)
State law reference — Required records and reports, A.C.A.
§§ 17-20-206,17-20-207.
Sec. 17 -200. Duty to retain goods.
No precious metals of any, kind whatsoever re-
ceived by the dealer shall be sold or permitted to
be removed from the place of business of the dealer
for a period of thirty -six (36) hours from the time
of receiving same. All such goods shall be retained
in the original condition in which they were re-
ceived during such period.
(Code 1961, § 21 -25)
State law reference — Holding period, A.C.A. § 17 =20 -207.
Sec. 17 -201. Notification to police of altered
goods.
In the event any articles sold to any precious
metal dealer have had the serial number or other
means of identification removed, mutilated, de-
faced or destroyed or melted down, such fact shall
be immediately reported by the dealer to the chief
of police or his duly authorized agent.
(Code 1961, § 21 -26)
Supp. No. 3
995
DIVISION 4. SCRAP METAL DEALERS
Sec. 17 -202. Records.
(a) All dealers or purchasers of junk and scrap
metals and materials doing business in the City
of Little Rock shall prepare and keep records
showing:
(1) The name and address of the one from whom
the purchase was made;
(2) The type of scrap metals and materials so
purchased;
(3) The weights of the materials; and
(4) The license plate number of the vehicle
used in transporting the materials to the
place of business.
(b) These records shall:
(1) Be kept for a period of three (3) years;
(2) Be made available to any law enforcement
officer of the state or of any municipality;
and
(3) Be made available for use in court should
such become necessary.
(Ord. No. 15,646, § 1, 2- 21 -89)
Sec. 17 -203. Penalty.
Any person convicted of a violation of any of
the provisions of this division shall be punished
as provided in section 1 -9.
(Ord. No. 15,646, § 1, 2- 21 -89)
Secs. 17- 204 -17 -210. Reserved.
ARTICLE VII. SEXUALLY ORIENTED
BUSINESSES*
Sec. 17 -211. Purpose and intent.
It is the purpose of this article to regulate sex-
ually oriented businesses to promote the health,
safety and general welfare of the citizens of the
city, and to establish reasonable and uniform regu-
'Editor's note — Ordinance No. 15,629, §§ 1 -6, adopted
Jan. 17, 1989, did not specifically amend the Code; hence,
codification as Art. VII, §§ 17- 211 -17 -216, was at the discre-
tion of the editor.
§ 17 -211 LITTLE ROCK CODE
lations to prevent the continued concentration of
b. Live performances which are charac-
sexually oriented businesses within the city. The
terized by the exposure of "specified
provisions of this article have neither the purpose
anatomical areas" or by "specified sex -
nor effect of imposing a limitation or restriction
ual activities;" or
on the content of any communicative materials,
C. Films, motion pictures, videocassettes,
including sexually oriented materials. Similarly,
slides or other photographic reproduc-
it is not the intent nor effect of this article to
tions which are characterized by the
restrict or deny access by adults to sexually ori-
depiction of "specified sexual activities"
ented entertainment to their intended market,
or "specific anatomical areas."
unless otherwise restricted by law.
(4) Adult motion picture theater. A commercial
(Ord. No. 15,629, § 1, 1- 17 -89)
establishment where, for any form of con-
Sec. 17 -212. Definitions.
sideration, films, motion pictures, videocas-
settes, slides, or similar photographic re-
[The following words, terms and phrases, when
productions are regularly shown which are
used in this article, shall have the meanings as-
characterized or distinguished by an em-
cribed to them in this section, except where the
phasis on matter depicting, describing or
context clearly indicates a different meaning:]
relating to "specified sexual activities" or
(1) Adult arcade. Any place to which the pub-
"specified anatomical areas."
lic is permitted or invited wherein coin-
(5) Adult theaters. A theater, concert hall, au-
operated or slug- operated or electronically,
ditorium, or similar commercial estab-
electrically, or mechanically controlled image-
lishment, which regularly features persons
producing devices are maintained to show
who appear in a state of nudity or live
images to five (5) or fewer viewers at one
performances which are characterized by
time, and where the images so displayed
the exposure of "specified anatomical areas"
are distinguished or characterized by the
or "specified sexual activities."
depicting or describing of "specified sexual
(6) Nudity or state of nudity.
activities" or "specified anatomical areas."
(2) Adult bookstore or adult video store. A com-
a. The appearance of the bare human but -
tock, anus, male genitals, female geni-
mercial establishment which, as one of its
tals, or female breast.
t female
principal business purposes, offers for sale
b. state dress which fails to opaquely
or rental for any form of consideration any
cover a human buttock, anus, male gen-
itals, female genitals, or areola of the
a. Books, magazines, periodicals or other
female breast.
printed matter, or photographs, films,
(7) person. An individual, proprietorship, part-
motion pictures, videocassettes, or video
nership, corporation, association, or other
reproductions, slides or other visual rep-
legal entity.
resentations which depict or describe
"specified sexual activities," or "speci-
(8) Semi -nude. A state of dress in which cloth -
fied anatomical areas;" or
ing covers no more than the genitals, pubic
b. Instruments, devices, or paraphernalia
region and /or the female breast, as well
which are designed for use in connec-
as portions of the body covered by support -
tion with "specified sexual activities."
ing straps or devices.
(3) Adult cabaret. A nightclub, bar, restaurant,
(9) Sexually oriented business. An adult arcade,
or similar commercial establishment which
adult bookstore or adult video store, adult
regularly features:
cabaret, adult motion picture theater, or
a. Persons who appear in a state of nudi-
adult theater whose inventory, merchandise,
ty; or
or performances are characterized by a pre -
Supp. No. 3
996
Y.
LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS § 17 -215
ponderance of "specified sexual activities" (2) A public or private elementary, secondary
or "specified anatomical areas." or post- secondary school;
(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.
(11) Specified anatomical areas.
a. Less than completely and opaquely cov-
ered human genitals, pubic region, but-
tock, and female breast below a point
immediately above the top of the areo-
la; and
b. Human male genitals in a discernable
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 Code.
(Ord. No. 15,629, § 2, 1- 17 -89)
Cross reference — Establishment of zoning districts, § 36 -176
et seq.
Sec. 17 -213. 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.
(Ord. No. 15,629, § 3, 1- 17 -89)
Sec. 17 -214. Location of sexually oriented
businesses.
(a) A person commits an offense if he operates
or causes to be operated a sexually oriented busi-
ness within seven hundred fifty (750) feet of:
(1) A church or other religious facility;
(3) A boundary of a residential zone (R -1, R -2,
R -3, R-4, MF -6, MF -12, MF -18, NIF -24, R -5,
R -6, R -7, HR, MR, HDR or PRD) or any
single - family or multiple - family residential
use;
(4) A public park;
(5) A hospital or other medical facility; or
(6) Properties listed on the National Register
of Historical Places or local historic districts
as identified by the Arkansas Historic Pres-
ervation Program.
(b) A person commits an offense if he causes or
permits the operation, establishment, or mainte-
nance of a sexually oriented business within seven
hundred fifty (750) feet of another sexually ori-
ented business.
(c) For the purpose of subsection (a), measure-
ment 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 a sexually
oriented business is conducted, to the nearest prop-
erty 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, resi-
dential district, residential lot, hospital or other
medical facility, or properties listed on the Na-
tional Historic Register or local historic districts
as identified by the Arkansas Historic Preserva-
tion Program.
(d) For the purposes of subsection '(b) of this
section, the distance between any two (2) sexually
oriented businesses shall be measured in a straight
line without regard to intervening structures or
objects, from the closest exterior wall of the struc.
ture in which each business is located.
(Ord. No. 15,629, § 4, 1- 17 -89)
Sec. 17 -215. Nonconforming sexually ori-
ented businesses.
(a) Any sexually oriented business lawfully op-
erating on January 18, 1989, that is in violation
of section 17 -214 of this article shall be deemed a
nonconforming use. The nonconforming use will
Supp. No. 13 997
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
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
1 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
3 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
" J _
1 (4) Adult Motion Picture Theater -- a commercial
2 establishment where, for any form of consideration, films,
3 motion pictures, video cassettes, slides, or similar
4 photographic reproductions are regularly shown which are
5 characterized or distinguished by an emphasis on matter
6 depicting, describing or relating to "SPECIFIED SEXUAL
7 ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS ".
8 (5) Adult Theaters -- A theater, concert hall,
9 auditorium, or similar commercial establishment, which regularly
10 features persons who appear in a state of nudity or live
11 performances which are characterized by the exposure of
12 "SPECIFIED ANATOMICAL AREAS" or "SPECIFIED SEXUAL ACTIVITIES ".
13 (6) Nudity or State of Nudity --
14 (a) The appearance of the bare human buttock, anus, male
15 genitals, female genitals, or female breast.
16 (b) A state of dress which fails to opaquely cover a
17 human buttock, anus, male genitals, female genitals, or areola
18 of the female breast.
19 (7) Person -- An individual, proprietorship,
20 partnership, corporation, association, or other legal entity.
21 (8) SEMI -NUDE -- A state of dress in which clothing
22 covers no more than the genitals, pubic region and or the female
23 breast, as well as portions of the body covered by supporting
24 straps or devices.
25 (9) Sexually oriented Business -- an adult arcade, adult
26 bookstore or adult video store, adult cabaret, adult motion
27 picture theater, or adult theater whose inventory, merchandise,
28 or performances are characterized by a preponderance of
29 "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS ".
30 (10) Specified Sexual Activities --
31 (a) Human genitals in a state of sexual stimulation or
32 arousal;
33 (b) Acts of human masturbation, sexual intercourse, or
34 sodomy;
35 (c) Fondling or other erotic touching of human genitals,
36 pubic region, buttock or female breast.
-.4i-
(� h
fg
1 (11) Specified Anatomical Areas --
2 (a) Less than completely and opaquely covered human
3 genitals, pubic region, buttock, and female breast below a point
4 immediately above the top of the areolae; and
5 (b) Human male genitals in a discernible turgid state,
6 even if completely and opaquely covered.
7 (12) Residential District -- Any land within the City
8 limits of Little Rook zoned as R -1, R -2, R -3, R -4, MF -6, MF -12,
9 MF -18, MF -24, R -5, R -6, R -7, R -7A, HR, MR, HDR or PRD, as
10 defined by this Ordinance.
11 SECTION 3. Classification.
12 Sexually oriented businesses are classified as follows:
13 (1) adult arcade;
14 (2) adult bookstores or adult video stores;
15 (3) adult cabarets;
16 (4) adult motion picture theaters;
17 (5) adult theaters.
18 SECTION 4. Location of Sexually Oriented Businesses.
19 (1) A person commits an offense if he operates or causes
20 to be operated a sexually oriented business within 750 feet of:
21 (a) a church or other religious facility;
22 (b) a public or private elementary, secondary or
23 post - secondary school;
24 (c) a boundary of a residential zone (R -1, R -2, R -3,
25 R -4, MF -6, MF -12, MF -18, MF -24, R -5, R -6, R -7, HR, MR, HDR or
26 PRD or any single family or multiple family residential use;
27 (d) a public park;
28 (e) a hospital or other medical facility; or
29 (f) properties listed on the National Register of
30 Historical Places or local Historic Districts as identified by
31 in the Arkansas Historic Preservation Program.
32 (2) A person commits an offense if he causes or permits
33 the operation, establishment, or maintenance of a sexually
34 oriented business within 750 feet of another sexually oriented
35 business.
36
-5-
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 5. 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, 1939
ATTEST:
CIT CLERK JAN, CZECH
7
APPROVED AS TO RM:
MARK STODOLA, CITY ATTORNEY
-.-/7 -
APPROVED:
MAYOR FLUYD G. VILLINES, III
0 L
LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS § 17 -211
(5) Name of party selling. Here shall be en-
tered the name of the person presenting
the goods for sale. The name shall be sub-
stantiated and verified by the dealer by
examination of the driver's license or so-
cial security card of the seller.
(6) Method of identification The entry here shall
be the number appearing on the driver's
license, social security card or other identi-
fication source of the person selling the
articles.
(7) Address. The address of the person selling
the goods shall be placed in this column.
(8) Description of person A description of the
person selling the goods shall be made in
this column indicating sex, race, height and
weight.
(9) Thumbprint of person selling the goods. In
this space, the dealer shall require the seller
to place a legible print of his right thumb.
(10) Photograph. In this space the dealer shall
attach a photograph of the goods received.
This paragraph shall not apply to purchases
of gold rings which have no mountings.
(Code 1961, §§ 21- 22- 21 -24)
State law reference — Required records and reports, A.C.A.
§§ 17 -20 -206, 17.20 -207.
Sec. 17 -200. Duty to retain goods.
No precious metals of any kind whatsoever re-
ceived by the dealer shall be sold or permitted to
be removed from the place of business of the dealer
for a period of thirty -six (36) hours from the time
of receiving same. All such goods shall be retained
in the original condition in which they were re-
ceived during such period.
(Code 1961, § 21 -25)
State law reference — Holding period, A.C.A. § 17-20-207,
Sec. 17 -201. Notification to police of altered
goods.
In the event any articles sold to any precious
metal dealer have had the serial number or other
means of identification removed, mutilated. de-
faced or destroyed or melted down, such fact shall
be immediately reported by the dealer to the chief
of police or his duly authorized agent.
(Code 1961, § 21 -26)
Supp. No. 3
995
DIVISION 4. SCRAP METAL DEALERS
Sec. 17 -202. Records.
(a) All dealers or purchasers of junk and scrap
metals and materials doing business in the City
of Little Rock shall prepare and keep records
showing:
(1) The name and address of the one from whom
the purchase was made;
(2) The type of scrap metals and materials so
purchased;
(3) The weights of the materials; and
(4) The license plate number of the vehicle
used in transporting the materials to the
place of business.
(b) These records shall:
(1) Be kept for a period of three (3) years;
(2) Be made available to any law enforcement
officer of the state or of any municipality;
and
(3) Be made available for use in court should
such become necessary.
(Ord. No. 15,646, § 1, 2- 21 -89)
Sec. 17 -203. Penalty.
Any person convicted of a violation of any of
the provisions of this division shall be punished
as provided in section 1 -9.
(Ord. No. 15,646, § 1, 2- 21 -89)
Secs. 17- 204 -17 -210. Reserved.
ARTICLE VII. SEXUALLY ORIENTED
BUSINESSES*
Sec. 17 -211. Purpose and intent.
It is the purpose of this article to regulate sex-
ually oriented businesses to promote the health,
safety and general welfare of the citizens of the
city, and to establish reasonable and uniform regu-
'Editor's note — Ordinance No. 15,629, §§ 1 -6, adopted
Jan. 17, 1989, did not specifically amend the Code; hence,
codification as Art. VII, §§ 17- 211 -17 -216, was at the discre-
tion of the editor.
17 -211
LITTLE ROCK CODE
lations to prevent the continued concentration of
sexually oriented businesses within the city. The
provisions of this article 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 article to
restrict or deny access by adults to sexually ori-
ented entertainment to their intended market,
unless otherwise restricted by law.
(Ord. No. 15,629, § 1, 1- 17 -89)
Sec. 17 -212. Definitions.
[The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:)
(1) Adult arcade. Any place to which the pub-
lic 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 (5) 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" or "specified anatomical areas."
(2) Adult bookstore or adult video store. A com-
mercial establishment which, as one of its
principal business purposes, offers for sale
or rental for any form of consideration any
one or more of the following:
a. Books, magazines, periodicals or other
printed matter, or photographs, films,
motion pictures, videocassettes, or video
reproductions, slides or other visual rep-
resentations which depict or describe
"specified sexual activities," or "speci-
fied anatomical areas;" or
b. Instruments, devices, or paraphernalia
which are designed for use in connec-
tion with "specified sexual activities."
(3) Adult cabaret. A nightclub, bar, restaurant,
or similar commercial establishment which
regularly features:
Persons who appear in a state of nudi-
ty; or
Supp. No. 3
.E
b. Live performances which are charac-
terized by the exposure of "specified
anatomical areas" or by "specified sex-
ual activities;" or
c. Films, motion pictures, videocassettes,
slides or other photographic reproduc-
tions which are characterized by the
depiction of "specified sexual activities"
or "specific anatomical areas."
(4) Adult motion picture theater. A commercial
establishment where, for any form of con-
sideration, films, motion pictures, videocas-
settes, slides, or similar photographic re-
productions are regularly shown which are
characterized or distinguished by an em-
phasis on matter depicting, describing or
relating to "specified sexual activities" or
"specified anatomical areas."
(5) Adult theaters. A theater, concert hall, au-
ditorium, or similar commercial estab-
lishment, 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 but-
tock, anus, male genitals, female geni-
tals, or female breast.
b. A state of dress which fails to opaquely
cover a human buttock, anus, male gen-
itals, female genitals, or areola of the
female breast.
(7) Person. An individual, proprietorship, part-
nership, corporation, association, or other
legal entity.
(8) Semi -nude. A state of dress in which cloth-
ing covers no more than the genitals, pubic
region and /or the female breast, as well
as portions of the body covered by support-
ing 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 pre-
Y.
LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS § 17 -215
ponderance of "specified sexual activities" (2) A public or private elementary, secondary
or "specified anatomical areas." or post- secondary school;
(10) Specified sexual activities.
Human genitals in a state of sexual
stimulation or arousal;
Acts of human masturbation, sexual
intercourse, or sodomy;
Fondling or other erotic touching of
human genitals, pubic region, buttock
or female breast.
(11) Specified anatomical areas.
a. Less than completely and opaquely cov-
ered human genitals, pubic region, but-
tock, and female breast below a point
immediately above the top of the areo-
la; and
b. Human male genitals in a discernable
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 -21
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 Code.
(Ord. No. 15,629, § 2, 1- 17 -89)
Cross reference — Establishment of zoning districts, § 36 -176
et seq.
Sec. 17 -213. 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.
(Ord. No. 15,629, § 3, 1- 17 -89)
Sec. 17 -214. Location of sexually oriented
businesses.
(a) A person commits an offense if he operates
or causes to be operated a sexually oriented busi-
ness within seven hundred fifty (750) feet of:
(1) A church or other religious facility;
(3) A boundary of a residential zone (R -1, R -2,
R -3, R-4, MF -6, MF -12, MF -18, NIF -24, R -5,
R -6, R -7, HR, MR, HDR or PRD) or any
single - family or multiple - family residential
use;
(4) A public park;
(5) A hospital or other medical facility; or
(6) Properties listed on the National Register
of Historical Places or local historic districts
as identified by the Arkansas Historic Pres-
ervation Program.
(b) A person commits an offense if he causes or
permits the operation, establishment, or mainte-
nance of a sexually oriented business within seven
L
undred fifty (750) feet of another sexually ori-
ented business.
(c) For the purpose of subsection (a), measure-
ment 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 a sexually
oriented business is conducted, to the nearest prop-
erty 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, resi-
dential district, residential lot, hospital or other
medical facility, or properties listed on the Na-
tional Historic Register or local historic districts
as identified by the Arkansas Historic Preserva-
tion Program.
(d) For the purposes of subsection '(b) of this
section, the distance between any two (2) sexually
oriented businesses shall be measured in a straight
line without regard to intervening structures or
objects, from the closest exterior wall of the struc-
ture in which each business is located.
(Ord. No. 15,629, § 4, 1- 17 -89)
Sec. 17 -215. Nonconforming sexually ori-
ented businesses.
(u) Any sexually oriented business lawfully op-
eraLing on January 18, 1989, that is in violation
of section 17 -214 of this article shall be deemed a
nonconforming use. The nonconforming use will
Supp. No. 13 997
§ 17 -215
LITTLE ROCK CODE
be permitted to continue for a period not to ex-
ceed three (3) years, unless sooner terminated for
any reason or discontinued for a period of ninety
(90) days or more. However, those sexually ori-
ented businesses obligated by a written lease (ex-
ecuted prior to the passage of this article) that
exceeds three (3) years from the effective date of
this article, or whose activity involves the invest-
ment of money in leasehold or improvements such
that a longer period is necessary to prevent undue
financial hardship, are eligible for review by the
planning commission for a reasonable extension.
Such nonconforming uses shall not be increased,
enlarged, extended or altered except that the use
may be changed to a conforming use. If two (2) or
more sexually oriented businesses are within seven
hundred fifty (750)-feet of one another and other-
wise in a permissible location, the sexually ori-
ented business which was first established and
continually operating at a particular location is
the conforming use and the later - established busi-
nesses) is nonconforming.
(b) A sexually oriented business lawfully op-
erating as a conforming use is not rendered a
nonconforming use by the subsequent location of
a church, public or private elementary or second-
ary school, public park, residential district or res-
idential lot within seven hundred fifty (750) feet
of the sexually oriented business. This provision
applies only to an ongoing sexually oriented busi-
ness, not to a sexually oriented business that has
been terminated for any reason or discontinued
for a period of ninety (90) days or more subse-
quent to the location of the church, public or pri-
vate elementary or secondary school, public park,
residential district, or residential lot.
(Ord. No. 15,629, § 5, 1- 17 -89)
Sec. 17 -216. Enforcement.
(a) Any person violating any part of this arti-
cle, 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 oper-
ated a sexually oriented business in violation of
section 17 -214 of this article will be subject to a
suit for injunction as well as prosecution for crim-
inal violations.
(Ord. No. 15,629, § 6, 1- 17 -89)
Su PP• No. 13 (The next page is 10211
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