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Ordinance 1997-05

AN ORDINANCE DEFINING AND CLASSIFYING SEXUALLY
ORIENTED BUSINESSES; MAKING SEXUALLY ORIENTED
BUSINESSES CONDITIONAL USES; PROVIDING RESTRICTIONS
ON THE LOCATION OF SEXUALLY ORIENTED BUSINESSES;
AND PROVIDIING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JOHNSON, ARKANSAS:
Section 1. PURPOSE AND INTENT. It is the purpose of this ordinance to regulate
sexually oriented businesses to promote the health, safety and general welfare of the
citizens of the city of Johnson, arid to establish reasonable and uniform regulations to
prevent the concentration of sexually oriented businesses within the city of Johnson. The
provisions of this chapter have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent nor effect of this section to restrict or deny access
by adults to sexually oriented materials protected by the First Amendment, or to deny
access by the distributors, and exhibitors of sexually oriented entertainment to their
intended market, unless otherwise restricted by law.
Section 2. SEXUALLY ORIENTED BUSINESSES - DEFINITIONS.
a. Adult Arcade. Any place to which the public is permitted or invited wherein coin
operated or slug operated or electronically, electrically, or mechanically controlled image
producing devices are maintained to show images to five or fewer viewers at one time,
and where the images so displayed are distinguished or characterized by the depicting or
describing of "specified sexual activities" or "specified anatomical areas".
b. Adult Bookstore or Adult Video Store. A commercial establishment whose
principal business purposes is to offer for sale or rental for any form of consideration any
one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, or video reproductions, slides or other visual
representations which depict or describe "specified sexual activities" or "specified
anatomical areas'*.
c. Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposing of "specified sexual
activities" or "specified anatomical areas"; or
3. Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction of "specified sexual
activities" or "specified anatomical areas". -
d. Adult Motion Picture Theater. A commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides, or similar photographic
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reproductions are regularly shown, excluding those which are rated by the Motion Picture
Association of America, which emphasize "specified sexual activities".
e. Adult Theaters. A theater, concert hall, auditorium, or similar commercial
establishment, which regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of "specified sexual activities" or
"specified anatomical areas".
f. Nudity or State of Nudity.
1. The appearance of the bare human buttock, anus, male genitals, female genitals,
or female breast.
2, A state of dress which fails to opaquely cover a human buttock, anus, male
genitals, female genitals, or areola of the female breast.
g. Person. An individual, proprietorship, partnership, corporation, association, or other
legal entity.
h. Sexually Oriented Business. An adult arcade, adult bookstore or adult video store,
adult cabaret, adult motion picture theater, or adult theater as the same are defined herein,
i. Specified Sexual Activities.
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, buttocks or
female breast.
j. Specified anatomical areas.
1. Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the areola.
2. Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
Section 3. SEXUALLY ORIENTED BUSINESSES - CLASSIFICATION.
Sexually oriented businesses are classified as follows:
a. Adult Arcade
b. Adult Bookstores and Adult Video Stores
c. Adult Cabarets
d. Adult Motion Picture Theaters
e. Adult Theaters
Section 4. CONDITIONAL USE. Sexually oriented businesses shall not be allowed
in any zoning district except C-2 where they may be allowed as conditional uses subject to
the following:
a. No sexually oriented business may be operated within 1000 feet of:
1. A church.
2. A public or private elementary, secondary or post-secondary school, pre-school
or child care facility.
3. A public park.
b. No sexually oriented business may be operated within 500 feet of:
1. A residential zone or any residential use.
2. A residential zone or any residential use as measured by automobile travel
distance from the exit of a sexually oriented business property to the property line
of the residential zone or use.
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c. No sexually oriented business may be operated within 1,000 feet of another sexually
oriented business or within 1000 feet of any room, building, premises, place or
establishment that sells or dispenses alcohol or beer.
d. For the purposes of subsection a., measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the
building or structure used as part of the premises where sexually oriented business is
conducted, to the nearest property line of the premises of a church or public or private
elementary or secondary school, or to the nearest boundary of an affected public park,
residential district or residential lot.
e. Ordinance No. 117 governs application of conditional uses and procedures shall
apply in addition to the specific requirements set forth above.
Section 5. PENALTIES.
a. Any person operating or causing to be operated any sexually oriented business in
violation of any part of this ordinance, upon conviction, is punishable by a fine not to
exceed one thousand dollars($l,000).
b. If the violation is in its nature continuous in respect to time, the penalty for allowing
the continuance thereof is a fine not to exceed five hundred dollars($500) for each day that
the same is unlawfully continued.
c. A person who operates or causes to be operated a sexually oriented business in
violation of this ordinance will be subject to a suit for injunction as well as prosecution for
criminal violations.
Section 6. A lawfully operating sexually oriented business shall not be rendered illegal
by the subsequent location of a church, a public or private school, a pre-school, a child
care facility, a public park, residential zoning, or residential uses.