326 Adult Business Licensing Ordinance
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ORDINANCE NO. 326
AN ADULT BUSINESS LICENSING ORDINANCE: PERSONS StJBJlX::T TO LICENSE; DEFINITIONS;
LICENSE CLASSIFICATIONS; APPLICATION FOR LICmSE; ~UIREMENT OF PHYSICAL
EXAMINATIONS; CONTROL BY CITY CLERK; INVESTIGATIONS TO BE MADE BY CITY OFFICIALS
AND OTHER AGENCIES; ISSUANCE OF LICENSE; INVESTIGATION BY CITY COUNCIL;
MISDEMEANOR; REVOCATION; PROCEDURE FOR LICENSE REVOCATION; REVIEW OF PUBLICATION
AND FILMS BY MAYOR, CITY COUNCIL OR OTHER DESIGNATED REPRESENTATIVES; LOCATIONAL
RESTRICTIONS; LIGHTING; PRIOR LOCATION AND LICENSE LAPSE; AND LICENSE FEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
WHEREAS, the state of Idaho in Chapter 41 Title 18 of t~e Idaho Code has
identified certain printed or pictorial matter and live performances to be obscene
and has declared the promotion, sale or display of such matter to be a misdemeanor
and punishable as such by a fine~ imprisonment or both.
WHEREAS, the State of Idaho in Chapter 1 of Title 52 of the Idaho Code bas
declared that the exhibition or sale of obscene publications, film or live 1-- ._
performances constitute a moral nuisance and the vendors and exhibitors of such
matter or performances are subject to being enjoined and- subject to the payment
of civil penalties.
WHEREAS, the State of Idaho in Chapter 15 of Title 18 of the 1daho Code haa
declared it to be the policy of this state to restrain the distribution, pro-
motion or dissemination to minors of materials or performances which describe
in any form nudity, sexual conduct, sexual excitement, or sadomasochistic conduct
which is offensive and appeals to the prurient interest or any description in
any form obscene or otherwise w~ch has the dominant effect of substantially arous-
ing the sexual desires of persons under the age of eighteen years.
WHEREAS, it is recognized that business establishments which sell publi-
cations, exhibit films or have live performances characterized by an emphasis
on specified sexual activities, as hereinafter defined, have a deleterious
impact on the surrounding neighborhood and encourage crime, undesirable trans-
ients and resu1 t in a downgrading of property values.
WHEREAS, it is also recognized that persons, corporate or otherwise,-who:-_
specialize in selling materials which have an emphasis on specified sexual _ _ . ,
activities, as hereinafter defined, run a substantially greater risk of committiug
the crime of obscenity or of distributing to minors material declared to be~harD1~
ful by Idaho State law or of committing a moral nuisance than do persons not so
engaged or employed.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY OF MERIDIAN, pursuant to l~cal-:--:-,
police regulations and as authorized by Article 12, Section 3 of the Idaho .
Constitution:
Section 1: PERSONS SUBJECT TO LICENSE: Whenever in this ordinance a license
is required for the maintenance, operation or conduct of any business or estab-
lishment, or for doing business or engaging in any activity or occupation, any
person or corporation shall be subject to the requirement if by himself or through
an agent, employee or partner he holds himself out as being engaged in the
business or occupation; or solicits patronage therefor, actively or passively or
performs or attempts to perform any part of such business or occupation in the
City of Meridian.
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Section 2. DEFINITIONS: The following definitions are applicable to
this ordinance:
(a) Adult store: (1) An establishment having as a substantial or
significant portion of its stock or trade books, magazines or films which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to "specified sexual activities"; or "specified anatomical areas"
(as defined below), or (2) an establishment with a segment or section devoted to
the sale or display of such material or (3) an establishment which sells or
displays for sale devices designated to stimulate sexual arousal by contact
with the skin or bodily orfices;
(b) Adult theatre: An establishment, either enclosed or open air, used
for presenting to an audience through film or live performances material dis-
tinguished or characterized by emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas"
(as defined ~.low);
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ORDINANCE NO. 326
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(ci) Adult'Jtrcade machines: Machines which are used by an individual
to view films or segments of films which such films are distinguished or
characterized by an emphasis on matter depicting, describing or relating to
ttspecified sexual activities" or "specified anatomical areas" (as defined
below) ;
(d) Specified sexual activities or sexual anatomical areas defined.
"Specified sexual acti vi tiestt or "specified sexual anatomical areas" are
defined to include the following:
(1) The covered or uncovered male genitals in a discernibly turgid state.
. (2) The human male or female genitals with less than a fully opaque
covering.
(3) Acts of simulated or actual:
(i) Masturbation;
(ii) Human sexual intercourse;
(iii) Sexual copulation between a man and beast;
(iv) Fellatio;
(v) Cunnilingus;
(vi) Bestiality;
(vii) Pederasty;
(viii) Buggery; or
(ix) Any anal copulation between a human male and another human
male, human female, or beast;
(x) Pedophilia
(4) The simulated or actual manipulating, caressing or fondling by
any person of:
(i) The genitals of a human;
(ii) The covered or uncovered pubic area of a human;
(iii) The covered or uncovered human female breast provided, however,
that this subsection shali not be interpreted to include within the scope of its
prohibition the nursing of an infant child.
(5) Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound or other-
wise physically restrained on the part of the one so clothed.
(6) The human male or female pubic area or buttocks with less than a full
opaque covering, or the human female breast from the ijeginning of the areolo,
papilla or nipple to the end thereof with less than full opaque covering.
.. (e) Holding company:
(1) Holding company means IFY corporation, firm, partnership~ trust or
other form of business organization not a natural person which, directly or
indirectly:
(a) Owns;
(b) Has the. power or right to control; or
(c) Holds with the power to vote, all or any part of the outstanding
voting securities of a corporation which holds or applies for a license
required by this ordinance.
(2) Far the purposes of this section, in addition to any other reasonable
meaning of the words used, a holding company ttindirectly" has, holds or'owns
any power, right or security mentioned in subsection 1 if it does so through
any subsidiaries, however many such subsidiaries many intervene between the
holding company and the corporate licensee or applicant. .
(f) Intermediary company: Intermediary company means any corporation,
firm, partnership, trust or other form of business organization other than
a natural person which:
(1) Is a holding company with respeit to a corpor~tion which holds or
applies for a license required by this ordinance.
(2) Is a subsidiary with respect to an,.."hplltimng..-mompany.
(g); Subsidiary: Subsidiary means:
(1)' Any corporation all or any part of whose outstanding equity securities
are:
(1)
(ii)
(iii)
Owned;
Subject to a power or right of control; or
Held, with power to vote, by a holding company or intermediary
company; or
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ORDIijANCE NO. 326
(2) Any firm, partnership, trust or other form of business organization
not a natural person, all or any interest in which is:
(i)
(ii)
(iii)
OWned;
Subject to a power or right of control; or
Held with power to vote, by a holding company or intermediary company.
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(h) Adult business: An adult store, adult theatre, or business which
operates adult arcade machines on its premises.
Section 3. It shall be unlawful for any person to operate any adult
store, adult theatre, or adult arcade machine without first obtaining an
appropriately classified license to do so as set forth in Section 4 below.
Section 4: LICENSE CLASSIFICATIONS:
(a) Class A: Adult store which does not admit persons eighteen years
or younger.
(b) Class B: Adult store which admits customers eighteen years or
younger to purchase publications or items not relating to specified sexual
activities or specified anatomical areas but which has a portion of its
premises devoted to the sale or display of such p~blieations or films or
sexual devices.
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(c) Class C:
(d) Class D:
Adult Theatre.
Adul t arcade machines.
Section 5: APPLICATION FOR LICENSE: An application for a license to
operate one of the establishments described in Section 4 above shall be made
to the City Clerk in such form and manner as prescribed by the City Council
accompanied by the annual fee hereinafter prescribed, but the application
shall contain at least the following:
(a) The name and residence address of the applicant;
(b) The name and address of each employee;
, (c) If applicant is a corporation, the names and resident adresses
of each of the officers, directors and managers of said corporation and of
each stockholder owning more than ten percent of the stock of the corporation
and the address of the corporation itself, if different from the address of
the proposed establishments.
(d) If applicant is a partnership, the names and addresses of each of
the partners, including the limited partners and the address of the partner-
ship itself, if different from the address proposed for the establishment.
(e) Written proof that the applicant is over the age of eighteen years.
(f) The b~iness, ~ccupation, or employement of the applicant for the
three years immediately preceding the date of the application including the
names, dates of, location and nature of same.
(g) The number of adult arcade machines to be installed, if any, and
the name, address and employer of the owner of said machines. If the owner
is a corporation, the names and resident addresses of each of the officers,
directors and managers of said corporation and of each stockholder owning
more than ten percent of the stock of the corporation and the address of the
corporation itself, if different from the address of the proposed establishments.
(h) The class of license applied for and a statement why the proposed
establishment falls within the requested classification.
CiJ If the applicant is seeking a Class B adult store license, a
description of the manner in which minors will be prevented from viewing
publications or films of specified sexual activities or sexual anatomical areas.
(j) If a Class A adult store license is being requested, a statement
whether the applicant will display for sale or sell any device designed to be
used to stimulate sexual arousal or arousal by contact with the human skin
or bodily orifices;
(k) A diagram of the n90r plan and number of square feet and on premises
parking spaces;
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(1) If the applicant is seeking a Class C adult theatre license, a
statement whether the entertainment will be live or on film., If live, a
statement as to the nature of the live entertainment, e.g., burlesque, dance,
musical, drama, etc.
(m) The date on which the applicant intends to open for business.
(n) The type and nature of activity desired to be licensed and whether
the type of activity shall at any time require the total exclusion of minors
from the premises.
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ORDINANCE NO. 326
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(0) A legal description of the real property on which the premises are
to be located, the name and address of the record owner; the name and address
of each lienholder; the name and address of each party to a valid and subsist!:.
ing contract of sale, deed of trust or other agreement the subject of which is
the aforesaid real property. If any of the persons sought to be identified
by this section is a corporation, the names and resident addresses of the
officers, directors and managers of said corporation and of each stockholder
owning more than ten percent of the stock of the corporation and the address
of the corporat~on itself, if different from the address of the proposed.
establishment. -
<<p) If any of the information supplied pursuant to this section becomes
outdated by virtue of changes in the operation of the business or otherwise
needs to be supplemented, the licensee shall provide the City Clerk with the
modified or supplemental data within ten days of the change or addition being
effective.
{q) As to subsections (c), (g), and (0), if the owner or applicant
corporation is an intermediary company as defined in Section 2, the identity
of each related holding company or subsidiary as those terms are defined in
Section 2. In providing the identity each such corporation, the applicant
shall furnish the names and addresses of each of the officers, directors and
managers and of each stockholder owning more than ten percent of the stock
of. the corporation, and the address of the corporation.
Section 6: REQUIREMENT OF PHYSICAL EXAMINATION: Where the applicant
seeks an adult store license and indicates the devices described in Section 2(a)
(3) will be sold, the applicant and each employee on the premises will provide
the City with a statement signed by a licensed physician in the state that he
has examined the applicant or employee, whichever the case may be, and that
based upon the examination and laboratory tests, believes that person to be
free from all communicable diseases, including venereal diseases.
Section 7: CONTROL BY CITY CLERK: The Oity Clerk shall, within three
working days of a receipt of an application for license required by this
ordinance, submit a complete copy of the application to the Planning and Zoning
Commission, Building Inspector, Central. District Health Department of the
State of Idaho~ Fire Inspector for the City, City Attorney, City Engineer,
A.da County Highway Department and the Chief of Police. .
Section 8: INVESTIGATION TO BE MADE BY CI'l'Y OFFICIALS AND OTHER AGENCIES:
On receipt of an application for licensing from the City Clerk as required by
this ordinance, respective City Officials and other governmental agencies shall
commence investigations as to whether the physical plant of the proposed
establishment is in conformity with the state law and City ordinances.
Each official and agency shall submit a report in writing to the City Council
within ten days of receiving the license application and state whether the
proposed establishment is in compliance with the applicable ordinances, Bt~te
laws and regulations. It shall further be the duty of each respective official
and agency., should a license subsequently be granted to the applicant, to
examine and inspect-such place licensed on a regular basis to determine con-
tinuing conformity to the applicable laws and regulations. If, during such
routine inspection, a discrepancy is noted, the official noting such discre-
pancy shall so advise the licensee in writing. The licensee shall have ten
days wi thin which to correct the discrepancy. Reasonable extensions of time,~~:
will be granted the licensee if the discrepancy cannot be eliminated within
a ten day period.
Section 9: ISSUANCE OF LICENSE:. When the City Clerk has received a
report and recommendation from each of the officials or agencies designated
in Section 6 and not iater than fifteen days from the filing of the appli-
cation, the City Clerk shall submit the license application and official
reports to the City Council for inclusion on the Council agenda.
The City Council shall act upon the application at the next regular scheduled
meeting after submission of the application by the City Clerk. If each of the
designated officials or agencies has determined that the proposed business
establishment is in conformity with all applicable City and State Laws, and if
it appears that there are no material misrepresentations or fraud in the
application or in connection with the investigation by the City Officials or
other governmental agencies, the City Council shall grant a license to the
applicant.
Section 10: INVESTIGATION BY CITY COUNCIL: The City Council prior to the
issuance of any license requested by. this ordinance, and after review of the
submitted application, DUllY undertake further investigation if it has reasonable
cause to believe that the applicant has or is attempting to perpetrate a fraud
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ORDINANCE NO. 326
or material misrepresentation on the City. Such further investigation may
be completed and written findings issued at or prior to the next regular
meeting following the meeting at which such application was initially .
considered. Upon a finding by the Council that the material misrepresentation
or fraud has been perpetrated either in the application or in connection
with the investigation by City Officials or other governmental agencies, said
application may be denied by the City Council. Nothing in this section shall
be construed to permit any investigation into tfte substantive content of the
publications or films to be displayed or sold by the-applicant.
Section 11: MISD>>1EANOR: It shall be a misdemeanor for an applicant or
licensee to make a material misrepresentation on his application, to perpetrate
a fraud on any investigative official or agency or to operate a business
license under this ordinance in contravention to the laws of the State of
Idaho or the Ordinances of the City of Meridian.
Section 12: REVOCATION: The licensee shall be responsible for the 1'"-
operation of the licensed premises in conformity with the Ordinances of the
City of Meridian and the state of Idaho. Upon a conviction of the licensee
or the agent or employee of the licensee of ~iolating any law or ordinance
including this ordinance, intended to protect the health, welfare or safety of
individuals in this state and which violation occurs in the course of the main
business activity licensed under this ordinance, and not incidental thereto,
the City Council may revoke all licenses held by the licensee under this
ordinance for a period up to and including eighteen months from the date of
conviction. Upon expiration of the period of revocation, the applicant will
be eligible to reapply for a license according to the procedures and require-
ments of this ordinance.
Section 13: PROCEDURE FOR LICENSE REVOCATION: A1J.y revocation of a
license pursuant to this ordinance shall not occur until a hearing is held
before the City Council. Twenty days written notice of the time and place
of the hearing and the nature of the grounds for such revocation sufficient
to inform the licensee and enable him to respond shall be given. The licensee
shall have the right to appear at said hearing in person or by counsel to
present evidence. and argument on the licensee's behalf and cross-examine witnesses.
The City Council sh~l make a ruling based on the evidence presented to it
at the hearing. Thereafter, the licensee shall be informed in writing of the {"'
Council's decision. If the Council by majority vote favors revocation, such
revocation shall take effect when personal service of the written decision is
made upon the licensee or an agent or employee of said licensee.
Sec~ion 14: REVI:EW OF PUBLICATION AND FILMS BY MAYOR, CITY COUNCIL OR
OTHER DESIGNATED REPRESENTATIVES:
(1) At the time of being issued a license under this ordinance, the
licensee will be advised in writing by the City Clerk of a date and time not
less than thirty and no more than sixty days from the licensing date, when
the Mayor, City Council members, or their designated representatives may
review publications and films being held for sale by the licensee. If the
date and/or time is unacceptable to the licensee, the City Clerk will select
a mutually satisfactory date.
(2) Place of review and inspection: The licensee shall make his premises
available to the City officials on the date selected. However, in order to
minimize any adverse business impact, he may, at his option, bring the publi-
cations and films to the City Hall for review there.
(3) Frequency of review: Such review may occur no more frequently
than three times per year and at the time of each review, the licensee shall
be given at least thirty days notice. If the date and time selected are not
convenient to the licensee, he shall so state and a mutually satisfactory
review date and time shall be selected by the City Clerk.
(4) All motion picture films shall be shown to the Mayor and Council by
the licensee or his employee on the equipment furnished by the licensee.
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Section 15: LOCATIONAL RESTRICTIONS:
(a) No adult store, adult theatre, or business operating an adult arcade
machine may be located:
(1) Within 1500 feet of any school, park, church, or bus stop;_or
(2) Within 1500 feet of any existing adult store, adult theatre, or
business operating an adult arcade machine.
(3) Within those areas of the City designated residential or within
1500 feet of the boundaries of such areas.
ORDINANCE NO. 326
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(b) Any adult store, adult theatre or business operating an adult arcade
machine must be located only where proper zoning exists.
(c) lUrpose: It is the purpose of this section to insure that there
does not develop a pattern of adult businesses which, by their location or
concentration, would have a deleterious effect on the peace, safety, and
economy of the surrounding neighborhood.
(d) Excep tion: An adult business may be allowed to locate in the areas
prohibited above upon receiving approval from the City Council. Such approval
shall be given only after:
(JlJ A pablic hearing has been held, after notice of said hearing has
been published in the official City newspaper and actual written notice of the
hearing has been given to those business and residents within 1500 feet of
the proposed business site and notice to the individual businesses and resi-
dents ehall be gien at least 10 days prior to the hearing and shall state
the purpose, time and date and location of said hearing; and
(ii) A finding by the City Council that the proposed location will not:
(1) Materially interfere with the activities of nearby parks, schools,
churches, or residential districts; (2) Create an undue concentration of
adult businesses (3) Materially interfere with the free flow of pedestrian
or vehicular traffic; (4) Create an undue burden in dontrolling and policing
the illegal activities in the vicinity; (5) Create a nuisance to the
community; or (6) Adversely effect the health and safety and welfare of the
residents of the City of Meridian.
Section 16: LIGHTING: The parking spaces and the five foot radius
surrounding the entrance to an adult business shall be illuminated to provide
a light intensity of not less than one foot candle at ground level.
Section 17: PRIOR LOCATION AND LICENSE LAPSE: Nothing in this ordinance
shall in any way effect the rights of present adult businesses to continue
their operation so long as they adhere to the provisions of this ordinance,
including submission of properly completed applications within 30 days of the
date of this ordinance and otherwise maintain a current license. Once_an
existing operation obtains a classified license, only subsequent change--in
classification shall be treated as a new use and must qualify under th~ -
provisions of this ordinance. If there is a failure to timely rene.w a license,
any subsequent application must satisfy all the requirements of this ordinan~e
including Section 15 pertaining to location restrictions. -- -
Section 18: LIcmSE FEFS: (a) The following annual license f~es must
be paid to the City at the time the license application is submitted:
1. Class A License 1300.00
2. Class B License $125.00
3. Class C License $200.00
4. Class D License S 50.00 per ad~ t arcade machine
(b) The request for renewal of licenses must be made on forms supplied
by the City Clerk and such requests must be submitted by December 1st for
renewal for the next calendar year. Each renewal application must be accompanied
by the annual fee set forth in section (a) above.
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(c) Where an application for a new license is made after January 1st,
the applicable fee shall be apportioned in accordance with the number of days
remaining in the calendar year.
Section 19. This Ordinance shall be in full force and effect upon and
after its passage and due publication according to law.
PASSED AND APPROVED THIS 15TH DAY OF MAY, 1978.
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