9.08.210 Sex-related activities as special uses or limited uses.

A. Purpose and Intent. It is the purpose of this section to protect the public health, safety, welfare, and morals of the community, to maintain compatible business areas where possible, and to protect individuals and neighborhoods from the adverse effects of having activities and standards involving pandering to gross sexuality imposed on them.

B. Definitions. As used in this section, the following terms will have the following meanings, unless the context clearly indicates a different meaning:

“Sexually oriented business” means any business that engages or seeks to engage in the above described activities for commercial purposes either directly or indirectly as a significant and substantial part of the business (deriving more than fifteen (15) percent of its revenues from the above described activities).

“Specified anatomical areas” means: (1) less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola; (2) human male genitals in a discernibly turgid state, whether or not covered.

“Specified sexual activities” means: (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, buttock or female breast.

C. Special Uses. None of the following uses shall be permitted in any district unless a special use permit or limited use permit for such use has been obtained. A special use permit pursuant to this section may only be issued in such portions of the following zones as may be designated by the planning commission from time to time, “C-H” commercial highway district or “I-1” light industrial district. No special use permit shall allow any person under the age of twenty-one (21) to participate in the following uses. The requirement for a special use permit shall be in addition to all other requirements of the zoning ordinance, and shall be in addition to all other requirements of all other applicable ordinances:

1. Book sales, video and magazine sales, where either the advertising or the displays or signs in or out of the location offer written materials showing specified sexual activities or specified anatomical areas. This does not apply to the availability for sale of any material displayed in such a way that only the name of the book, video or magazine appears;

2. Adult movie houses (theaters) offering movies or other displays showing specified sexual activities and specified anatomical areas;

3. Any type of theater or establishment offering any kind of live show emphasizing specified sexual activities or specified anatomical areas;

4. Any coin-operated devices and any place offering coin-operated devices which show specified sexual activities or specified anatomical areas;

5. Any cabaret, club, or tavern offering any entertainment showing specified sexual activities or specified anatomical areas.

D. Procedure. Any person desiring a special use permit for any use specified in this section shall apply in the manner provided by the ordinance codified in this chapter for a special use.

1. The first time a business applies for a sexually orientated business special use permit, that business shall be responsible for sending individual notice to surrounding property owners and their tenants within one hundred forty (140) feet from the business’ property lines, excluding streets and alleys, of the proposed business location. The required notice shall be provided by certified mail, return receipt to the city of Riverton. Proof of notice shall be provided to the city at least five days prior to the scheduled hearing date.

2. A hearing shall be held upon application in accordance with the rules and regulations of the city council. No hearing shall be held, and no application shall be considered, unless and until the applicant is physically present at such hearing. In the event that no protests, either in writing or orally expressed at the time of the hearing, are received from adjacent property owners or their tenants, or other citizens of the city, such application may be considered to comply with subsection A of this section. If objections are received and, in the opinion of the quorum of the city council, the proposed business does comply with the provisions of this section, then an annual permit for the proposed business may be issued by the city clerk for the amount of two hundred fifty dollars ($250.00). Such permit must be renewed each year only after application, hearing, and approval of the city council, and payment of the annual permit fee in accordance with rules and regulations of the city. Such permit may include additional requirements or conditions, specifically limitations on signage and outdoor advertising.

E. Inspections. The chief of police or his or her sworn designee(s) may enter the business of any permittee during their normal business hours to determine compliance with this section as it pertains to commercial activities of the permitted business. Employees and/or owners of any permitted business may be cited for violations of this section. For purposes of this section, the owners, or their lessees or tenants, of the premises are responsible for the actions upon the premises/property.

F. Noncompliance. If any of the following ordinances are violated in the presence of a police officer, or their designee, or if the owner, lessee, tenant, or employees, or any other person are found guilty of violating any of the following ordinances on or in association with the permitted business location, the chief of police may order the immediate closure of the permitted business until a hearing is held before the city council to determine if the permit should be revoked: Sections 9.08.140, 9.08.150, 9.08.160, 9.08.170, or 9.08.180 of this chapter. Violators may be fined up to a maximum of seven hundred fifty dollars ($750.00) or sentenced up to six months in jail or both.

G. Background Checks. All persons involved with the permitted business, including but not limited to owners, managers, and employees, may be required to submit to a background investigation conducted during the initial permitting process as described in subsection (D)(1) of this section by the police department.

H. Limited Use Permit. A limited use permit may be issued to holders of valid liquor licenses on the following terms and conditions:

1. The limited use permit shall be issued by the city administrator with the consent of the chief of police.

2. The limited use permit may only be issued for a period of not more than one day and no establishment, including those with multiple liquor licenses may obtain more than four limited use permits per year.

3. The limited use permit may only be issued for adult cabaret which is defined as: any exhibition, performance or dance of any type conducted where such exhibition, performance, or dance involves a person who is partially unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals. No limited use permit may allow complete nudity of the female breast or genitals or male genitals. The city administrator may put such additional restrictions on each limited use permit as he or she deems appropriate.

4. A limited use permit may be revoked for violation of any of the conditions of the permit. Violations or revocation of any limited use permit may be grounds for denying future limited use permits.

5. Anyone shall have the right to appeal the denial of a limited use permit or the conditions placed on a limited use permit by the city administrator to the city council at the next regularly scheduled meeting.

6. The fee for a limited use permit shall be sixty dollars ($60.00) or such amount as the council may set from time to time by resolution. (Ord. 06-017 § 1, 2006)