Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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ARTICLE V. ------------
Cross reference(s)--Alcoholic beverages, ch.6; offenses and miscellaneous provisions, ch. 74; zoning, ch. 130.
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Sec. 26-145. Purpose and intent.
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city, and to establish reasonable and uniform regulations of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor affect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor affect 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.
(Ord. No. 2785, § 1, 11-25-97)
Sec. 26-146. Definitions.
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" or "specified anatomical areas".
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" or "specified anatomical areas.
Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposing of "specified sexual activities" or "specified anatomical areas"; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas".
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".
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" or "specified anatomical areas.
Nudity or state of nudity:
(1) The appearance of the bare human buttocks, anus, male genitals, female genitals, or female breast.
(2) A state of dress which fails to opaquely cover a human buttocks, anus, male genitals, female genitals, or areola of the female breast.
Person. An individual, proprietorship, partnership, corporation, association, or other legal entity.
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.
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.
Specified anatomical areas:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, 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.
Residential district. Any land within the city limits of Springdale zoned as R-1, R-1A, R-M, R-2, RMH, MHP or R-O.
(Ord. No. 2785, § 2, 11-25-97)
Sec. 26-147. Classification.
Sexually oriented businesses are classified as follows:
(1) Adult arcade;
(2) Adult bookstore and adult video stores;
(3) Adult cabarets;
(4) Adult motion picture theaters;
(5) Adult theaters.
(Ord. No. 2785, § 3, 11-25-97)
Sec. 26-148. 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 600 feet of:
(1) A church;
(2) A public or private elementary, middle school, secondary or post-secondary school, pre-school or child care facility;
(3) A boundary of a residential district (R-1, R-1A, R-M, R-2, RMH, MHP or R-O) or any single family or multiple-family residential use;
(4) A public park; family recreation center as defined in A.C.A. § 5-27-226, bowling alley, or skating rink;
(5) A hospital;
(6) Properties listed on the National Register of Historical Places or local historic districts as identified by the Arkansas Historic Preservation Program.
(b) A persons commits an offense if the person causes or permits the operation, establishment, or maintenance or a sexually oriented business within 660 feet of another sexually oriented business, or within 660 feet of any room, building, premises, place or establishment that sells or dispenses any alcoholic beverage, which means but is not limited to distilled spirits, wine or beer.
(c) For the purposes of subsections (a) and (b), measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the sexually oriented business to the nearest property line of any church, public or private elementary, middle school, secondary or post secondary school, pre-school or child care facility, public park, family recreation center, bowling alley, skating rink, residential district or any single family or multiple family residential use, hospital, properties listed on the National Historic Register or local historic districts as identified by the Arkansas Historic Preservation Program, place or establishment that sells or dispenses any alcoholic beverage as defined in the previous paragraph, or any other sexually oriented business.
(d) The zoning ordinance shall be amended to classify sexually oriented businesses as a conditional use in a C-2 Zone, Use Unit 34.
(Ord. No. 2785, § 4, 11-25-97)
Sec. 26-149. 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.
(Ord. No. 2785, § 5, 11-25-97)
Sec. 26-150. Location not to render illegal.
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, a family recreation center, a bowling alley, a skating rink, residential zoning, a residential use, or an establishment selling or dispensing alcohol.
(Ord. No. 2785, § 6, 11-25-97)
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