871 City Code Adult Entertainment
CITY OF MERI
ORDINANCE NO. a l
r~
AN ORDINANCE RELATING TO ADULT ENTERTAIN7VIENT; AMENDING
SECTION 1 OF CI-IAPTER 10 OF TITLE3 MUNICIPAL CODE OF THE CITY OF
MERIDIAN BY THE ADDITION THERETO OF A NEW DEFINITION IN
SECTION 1 DEFINITIONS "ADULT ENTERTAINMENT"; AND BY THE
ADDITION THERETO OF A NEW SECTION lA AND 1B PROVIDING FOR
FINDINGS AND A STATEMENT OF PURPOSE AND PROVIDING FOR
LOCATION RESTRICTIONS, AND AMENDING SECTION 7 OF CHAPTER 10
OF TITLE 3 BY THE DELETION THEREIN OF THE REFERENCE TO THE CITY
ATTORNEY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That Section 1 of Chapter 10 of Title 3 of the Meridian City
Code of the City of Meridian, be, and the same is hereby amended to read as follows:
ADULT ARCADE Machines which are used by an individual to view films,
MACHINES: videos, or segments of films, which distinguish, characterize,
or emphasize matters depicting, describing or relating to
activities of a sexual nature for the purposes of adult
entertainment.
ADULT BUSINESS: An adult store, adult theater, adult entertainment
establishment or adult business which also includes any
business that operates adult arcade machines on its premises.
ADULT
ENTERTAINMENT
Means and shall refer to materials, stock or trade. books
magazines or films, videos, devices, clothing, theatrical
presentation, dance, or performances which have as a central
theme or attraction the gratification of sexual desires of
persons for whom it is intended to be distributed to or seen
ADULT Any place of business, or commercial establishment, wherein
ENTERTAINMENT the entertainment or activity therein consists of substantially
ESTABLISHMENT: nude persons dancing with or without music or engaged in
movements of a sexual nature wherein the patron is directly or
indirectly charged a fee or required to make a purchase in
order to view the entertainment or activity which consists of
persons exhibiting or modeling lingerie, bikinis or similarly
styled garments, or where the patron, directly or indirectly, is
ADULT ENTERTAINMENT ORDINANCE -PAGE 1 OF 5
charged a fee to engage in personal contact by employees,
devices or equipment, or by personnel provided by the
establishment.
A. An establishment which has semi-nude dancing or strip
tease performances, whether these occur regularly or
occasionally.
B. "Adult dancing" includes, but is not limited to: erotic,
exotic, striptease, bikini or lingerie and shall mean and relate
to any performance, preview, play, show, skit, film, dance or
other exhibition performed before an audience depicting,
describing or relating to activities of a sexual nature for the
purposes of adult entertainment.
C."Substantially nude" as used in this Section shall mean
dressed in a manner so as not to display any portion of the
female breast below the top of the areola, or displaying any
portion of any person's pubic hair, anus, cleft of the buttocks,
vulva or genitals. This definition of "adult entertainment
establishments" is to include, but note be limited to,
bathhouses, massage parlors, lingerie, modeling studios, or
related or similar activities.
D. Establishments which have as their sole purpose the
improvement of health and physical fitness through special
equipment and facilities, rather than entertainment, as herein
above described, are specifically excluded.
ADULT STORE: A. 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 adult entertainment;
B. An establishment with a segment or section devoted to the
sale or display of such material; or
C. An establishment which sells or displays for sale devices
designed to stimulate sexual arousal by contact with the skin
or bodily orifices.
ADULT THEATER: An establishment, either enclosed or in the open air, used for
presenting to an audience through film or live performance
material distinguished or characterized by emphasis on matter
depicting, describing or relating to activities of a sexual nature
for the purposes of adult entertainment.
ADULT ENTERTAINMENT ORDINANCE -PAGE 2 OF 5
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HOLDING COMPANY: A. Any corporation, firm, partnership, trust or other form of
business organization not a natural person which, directly or
indirectly:
1. Owns;
2. Has the power or right to control; or
3. 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 Chapter.
B. For the purposes of this Section, in addition to any other
reasonable meaning of the words used, a holding company
"indirectly" has, holds or owns any power, right or security
mentioned in subsection A of this definition if it does so
through any subsidiaries, however many such subsidiaries may
intervene between the holding company and the corporate
licensee or applicant.
INTERMEDIARY Any corporation, firm, partnership, trust or other form of
COMPANY: business organization other than a natural person which:
A. Is a holding company with respect to a corporation which
holds or applies for a license required by this Chapter.
B. Is a subsidiary with respect to any holding company.
SUBSIDIARY: A. Any corporation all or any part of whose outstanding
equity securities are:
1. Owned;
2. Subject to a power or right of control; or
3. Held with power to vote, by a holding company or
intermediary company; or
B. Any firm, partnership, trust or other form of business
organization not a natural person, all or any interest in which
is:
1. Owned;
2. Subject to a power or right of control; or
ADULT ENTERTAINMENT ORDINANCE -PAGE 3 OF 5
3. Held with power to vote, by a holding company or
intermediary company.
SECTION 2: That Chapter 10 of Title 3 of the Meridian City Code of the
City of Meridian, be, and the same is hereby amended by the addition thereto of a new
Section 1 A to read as follows:
3-10-1
A_. FINDINGS AND STATEMENT OF PURPOSE: The City Council finds
that there are varying~oints of view and opinions and beliefs about adult
entertainment which includes those who believe that in all forms it is very
offensive, and those who believe it to be generally offensive, as well as those
who are generally not offended by it, so long as it is not made available to
minors. Therefore, it is found to be in the interest of public health, safety,
welfare and peace of the community, that certain regulations be enacted to
govern the conduct of adult entertainment business activity, which are set
forth in this Chapter as a community standard for the conduct of such
business.
SECTION 2: That Chapter 10 of Title 3 of the Meridian City Code of the
City of Meridian, be, and the same is hereby amended by the addition thereto of a new
Section 1 B to read as follows:
3-10-1
B: LOCATION RESTRICTIONS: From and after Tanuary 1, 2000, no
person or entity shall own or operate any Adult Arcade Machines, Adult
Business, Adult Entertainment Establishments, Adult Stores or Adult
Theaters within three thousand (3,000') feet of any school, park, church,
place of worship or any other Adult Arcade Machines, Adult Businesses,
Adult Entertainment Establishments, Adult Stores or Adult Theaters,
measured in a straight line to the entrance of the premises.
SECTION 3: That Section 7 of Chapter 10 of Title 3 of the Meridian City
Code of the City of Meridian, be, and the same is hereby deleted in reference to City
Attorney.
3-10-7 CONTROL BY CITY CLERK: The City Clerk shall, within three
(3) working days of a receipt of an application for license required by
this Chapter 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 Engineer, Ada County Highway
ADULT ENTERTAINMENT ORDINANCE -PAGE 4 OF 5
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Department and the Chief of Police.
SECTION 4. All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 5. VALIDITY: The Meridian City Council hereby declares
that any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of the
elimination herefrom of any portion as may be declared invalid.
SECTION 6. SAVINGS CLAUSE. This ordinance does not affect an
action or proceeding commenced or right accrued before this ordinance takes effect.
SECTION 7. DATE OF EFFECT. This ordinance shall be in full force
and effect within one (1) month after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
of
2000.
Mayor Robert D. Corrie
ATTEST:
CITY CLERK
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