HomeMy WebLinkAbout18791I ORDINANCE NO. 18,791
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3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 17 -212 (9)
4 (1988) AS TO THE DEFINITION OF SEXUALLY ORIENTED BUSINESS; TO
5 AMEND LITTLE ROCK, ARK., REV. CODE § 17 -215 (1988) TO CLARIFY THE
6 AMORTIZATION PERIOD FOR A SEXUALLY ORIENTED BUSINESS TO
7 RELOCATE, OR TO CHANGE THE NATURE OF ITS OPERATION AFTER
8 AN ANNEXATION OR AN AMENDMENT TO LITTLE ROCK, ARK., REV.
9 CODE § 17 -214 (1988); TO DECLARE AN EMERGENCY; AND FOR OTHER
10 PURPOSES.
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12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
13 THE CITY OF LITTLE ROCK, ARKANSAS:
14 Section 1. Little Rock, Ark., Rev. Code § 17 -212 (9) (1988) is hereby amended to
15 read as follows:
16 (9) Sexually oriented business. An adult arcade, adult bookstore or adult
17 video store, adult cabaret, adult motion picture theater, or adult theater which:
18 (a) Devotes a significant or substantial portion of its stock -in-
19 trade or interior floor space to;
20 (b) Receives a significant or substantial portion of its
21 revenues from; or
22 (c) Devotes a significant or substantial portion of its
23 advertising expenditures to the promotion of;
24 the sale, rental, viewing (for any form of consideration) of inventory,
25 merchandise, or performances that are characterized by "specific sexual
26 activities" or "specified anatomical areas." An establishment may have other
27 principal business purposes that do not involve the offering for sale, rental or
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1 viewing of materials, or performances, depicting or describing "specified
2 sexual activities' or "specified anatomical areas', and still be categorized as an
3 adult arcade, adult bookstore or adult video store, adult cabaret, adult motion
4 picture theater, or adult theater. Such other business purposes will not serve
5 to exempt such establishment form being categorized as a sexually oriented
6 business so long as the provisions of this definition are otherwise met.
7 Section 2. Little Rock, Ark. Rev. Code § 17 -215 (1988) is hereby amended to add
8 the following subsection:
9 (c) Any sexually oriented business that is annexed into the City,
10 or that is operating lawfully prior to the effective date of an
11 amendment to the provisions of section 17 -214 but violates section
12 17 -214 after the effective date of such amendment, shall be
13 deemed a nonconforming use. The nonconforming use will be
14 permitted to continue for a period not to exceed ninety (90) days.
15 However, any sexually oriented business covered by this
16 subsection whose activity involves the investment of money in
17 leasehold or improvements that cannot be used for any other
18 purpose than those defined in section 17 -212, and a longer period
19 of time to operate is necessary to prevent undue financial
20 hardship, are eligible for a prompt review by the planning
21 commission for a reasonable extension of the nonconforming
22 status, provided that the extension shall not be increased by more
23 than a period of two (2) years from the effective date of the
24 annexation, or of the amendment to section 17 -214 which
25 rendered the business nonconforming. To obtain such review, the
26 sexually oriented business must file its request for review during
27 the initial ninety (90) day amortization period, and it shall be
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1 permitted to operate until the request for an extension is decided
2 by the planning commission, provided that this period of
3 operation shall not exceed two (2) years from the effective date of
4 the annexation, or of the amendment to section 17 -214 which
5 rendered the business nonconforming.
6 Section 3. Severability. In the event any title, section, paragraph, item, sentence,
7 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
8 unconstitutional, such declaration or adjudication shall not affect the remaining portions
9 of the ordinance which shall remain in full force and effect as if the portion so declared or
to adjudged invalid or unconstitutional was not originally a part of the ordinance. It is
11 expressly determined that if Section 2 of this ordinance is declared unconstitutional, then
12 any sexually oriented business that would become a nonconforming use because of
13 annexation, or an amendment to section 17 -214, shall be governed by the three year
14 amortization period that is currently set forth in Little Rock, Ark., Rev. Code § 17 -215
15 (1988).
16 Section 4. Repealer. All ordinances and resolutions inconsistent with the
17 provisions of this ordinance are hereby repealed to the extent of such inconsistency.
18 Section 5. Emergency. A recent decision of the Arkansas Supreme Court — Chandler v.
19 City of Little Rock, No. 01 -1337 (November 21, 2002) — has finalized an annexation of properhj to
20 the City that conceivably could require certain existing businesses to come into compliance with the
21 provisions of Article VII of Chapter 17 of the Little Rock Revised Code of Ordinances; further,
22 future annexations of property to the City could impact existing adult businesses; further, the
23 Board of Directors has indicated an interest in adding licensed daycare centers to the list of
24 businesses that should be included within the setback requirements of Article VII; further, as the
25 City reviews this ordinance in the future, and determines that additional categories should be added
26 or deleted from the setback requirements, and that such action does not violate any provisions of the
27 Arkansas Constitution or the U.S. Constitution, businesses that may be impacted by such actions
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1 need to know how to come into compliance with the City's ordinances, and City planning and code
2 enforcement officers need to be aware of how to consistently interpret and apply Article VII; such
3 consistency and notice are essential to preserve the public health, safety, and welfare, an emergency
4 is, therefore, declared to exist and this ordinance shall be in full force and effect from and after the
5 date of its passage and publication.
6 PASSED: December 3, 2002
7 ATTEST: APPROVED-
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10 Nan y Wo d, City Clerk Brad Cazort, Vice -Mayor
it APPROVED AS TO LEGAL FORM:
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13 4'V It 901 n 7'^ • Gw`
14 Thomas M. Carpenter, City Xttorney
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