HomeMy WebLinkAboutOrdinance 1438ORDINANCE NO. 1438
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 5.24,
ADULT BUSINESSES.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS
FOLLOWS:
Section 1. Chapter 5.24 of the .Central Point Municipal
Code, known as the Adult Book Store and Movie Houses Ordinance
is hereby repealed in its entirety.
Section 2. There is hereby added to the Central Point
Municipal Code Chapter 5.24, known as the Adult Businesses
ordinance which is to read as follows:
CHAPTER 5.24
ADULT BUSINESSES
5.24.010 Purpose.. It is recognized that the presence of
certain "adult businesses" within. the community of Central Point.
may result in adverse social and economic impacts, increased
crime incidents, and physical deterioration in the general areas
of such businesses. It is evident that regulations appli-
cable to adult businesses are necessary to preserve the integrity
of existing commercial areas of the City, and to protect the
character, safety and stability of residential areas that are in
close proximity to such commercial areas. The purpose of this
section is to establish regulations applicable to adult businesses,
as defined in the Oregon Revised Statutes and in Section 5.2.5.020
of this chapter.
5.25.020 Definitions. For purposes of this chapter, the
following terms and business types are hereby defined:
A. Adult Business shall include any adult arcade, adult
bookstore, adult cabaret, adult theater, massage parlor,
sexual encounter center, body painting studio, modeling
studio, adult hotel or motel, topless or nude bars, or
other businesses which. are characterized by an emphasis
on sexually explicit material dealing with "specified
anatomical areas" and/or "specified sexual activities",
as defined below.
B. Specified Anatomical Areas shall mean:
1. Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttocks, and
c. Female breast below a point immediately above
the top of the areolas and
2. Human male genitals in a discernibly turgid state,
even. if completely and opaquely covered.
Ordinance No. 1438 - Page 1
3. Fondling or other erotic touching of human
genitals, pubic region, buttock, or female breast.
D. Adult Arcade shall mean any movie or game arcade which
is not customarily open to the general public, but which
excludes minors as a legal or prevailing business practice.
E. Adult Bookstore shall mean any store having a significant
portion of its stock in trade, books, magazines, newspapers,
or other printed or written material or any pictures,
drawings, photographs, motion pictures, or other pictorial
representations which are distinguished by their emphasis
on matter depicting, describing or relating to "specified
anatomical areas" or "Specified sexual activities", as
defined above.
F. Adult Cabaret shall mean a nightclub, adult theater, bar,
or other establishment which features topless dancers,...
nude dancers, go-go dancers, exotic dancers, strippers.,
male or female impersonators, or similar entertainers,
or any establishment which features such activities and
excludes minors as a legal or prevailing business practice.
G. Sexual Encounter Center shall mean any business, agency,
or person who, for any form of consideration or gratuity,
provides a place where persons may congregate, assemble
or associate for the purpose of engaging in sexual conduct.
H. Adult Hotel or Motel shall mean any hotel or motel which
provides, through closed circuit television or other media,
material which is distinguished or characterized by the
emphasis on matter depicting or describing or related to
"specified sexual activities" or "specified anatomical
.areas", or any hotel or motel having hourly rates and
excluding minors as a legal or prevailing business practice.
I. Massage Parlor shall mean any establishment that provides
personal massage and is not a part of or directly related
to a licensed medical or physical therapy facility..
J. Modeling Studio shall. mean any establishment in which
figure models are provided to display "specified anatomical
areas" for the purpose of being observed, sketched, painted,
sculptured, photographed, or similarly depicted, and which
excludes minors as a legal or business practice.
K. Adult Theater shall mean any theater or similar facility
which is used for presenting material distinguished or
characterized by an emphasis on ..matter depicting, describing
or relating to "specified anatomical areas" or "specified
sexual activities", for observation by patrons therein..
Ordinance No. 1438 _ page 2
5.24..030 Regulations for Adult Businesses.
A. Adult businesses may be granted a Conditional Use
Permit by the Planning Commission in accordance with
the requirements of the zoning district in which the
business is proposed, and in accordance with the
following regulations:
1. The proposed use complies with all requirements set
forth for the issuance of a Conditional Use Permit.
2. The lot on which the business is proposed to be
located is classified C-5 (Thoroughfare Commercial).
3. The subject lot is not. within two hundred (200} feet
of the nearest residential (R) zoning district.
4. The lot is not within five hundred (500) feet of any
lot upon which there is located a church, educational
institution primarily attended by minors, a public
park or recreational facility, a day nursery or child
care center, a mobile home park, or any other public
facility which is customarily utilized by minors.
5. The lot is not within one thousand (1,000) feet of
any lot upon which there is located another adult
business.
6. The exterior appearance of the structure shall be
consistent with the appearance of existing commercial
structures on abutting lots or within the immediate
neighborhood, so as not to cause blight, deterioration,
or avoidable depreciation in property values within.
the general vicinity.
7. The business shall be permitted an identification sign
but shall not exhibit advertisements, displays, or any
other promotional or advertising materials that may be
visible to the public outside the structure..
8. All doorways, windows and other openings shall be
located, covered or screened in such a manner to
prevent a view into the interior from any exterior
public or semi-public area.
9. No adult business, as defined in this chapter, shall
be kept open for business between the hours of 10:00
P.M. and 10:00 A.M., except as specifically permitted
by the terms of the conditional use permit.
Ordinance No. 1438 - page 3
10. The Planning Commission may, at its descretion, conduct
a poll or survey of residents and property owners in
the vicinity of a proposed adult business if such poll
or survey is determined to be necessary to adequately
assess the social, economic or other impacts of the
proposed adult business.
11. Applicants for licenses under this chapter must file
with the city recorder a sworn application in writing
for the license which shall give the following
information:
a. The name of the applicant;
b. Permanent home address and full local address of
the applicant;
c. A brief description of the nature of the business
and goods to be sold, if any;
d. Length of time for which the right to do business
is desired,
e. The location of the proposed adult business.
12. Any person violating any of the provisions of this
chapter shall, upon conviction thereof, be punished
by a fine not to exceed two hundred dollars or by
imprisonment not to exceed thirty days, or by both
such fine and imprisonment.
5.24.040 License--Required. No person,. or his
employee or agent, shall engage in or conduct within the`~i.ty
any adult business. unless the license fee has been paid and a
license issued as provided herein.
5.24.050 License--Period. License for adult businesses
shall be for quarter annual periods commencing on July 1st,
October 1st, January 1st and April 1st of each year. No
license fee shall be for less than the full three-month
quarter annual period.
5.24.060 License--Fees. The license fee to be charged by
the city recorder for an adult business license shall be
$200.00 dollars per quarter.
Ordinance No. 1438 - page 4
Passed by the Council and signed by me in authentication
of its passage this 25th day of June ,
1981.
Mayor
ATTEST:
Ordinance No. 1438 - page 5