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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 ,~'\ 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 ~ ~. 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 msg\Z:\Worlc\M\Meridian 15360M\P.dult Entertainment\AdultEntertmtOrd day ADULT ENTERTAINMENT ORDINANCE -PAGE 5 OF 5