Roger Baker Tooele City Attorney. This Chapter establishes reasonable and uniform regulations governing the time, place, and manner of operation of sexually oriented businesses within Tooele City. Its purpose is to prevent or control the deleterious secondary effects associated with sexually oriented businesses. The provisions of this Chapter are not deed to regulate the content of constitutionally protected speech or unreasonably restrict access to legal sexually-oriented entertainment.
Legislative finding. The Tooele City Council makes the following legislative findings:. Young v.
City of DallasUS ; Barnes v. Glen Theatre, Inc. GianiF. Johnson County32 F. The ownership, control, or power to vote twenty percent or more of any class of voting securities of a business shall be pd, subject Tooele escort classified rebuttal, to be the power to direct the management, operation, or policies of the business.
Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises. This definition shall not be construed to include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, bathing suit, or other apparel, provided that no part of the areola of the breast is exposed. It shall be a defense to prosecution for violation of this ordinance that a person appearing in a state of semi-nudity did so in a modeling class operated:.
This definition shall exclude establishments in which medical practitioners, psychologists, psychiatrists, or other similar professional persons d by the state engage in medically approved and recognized sexual therapy. Classification of sexually oriented businesses. Sexually oriented businesses shall be classified as follows:. requirements. The application shall be ed by the applicant and notarized.
Persons engaged in the operation of sexually oriented businesses or employed as sexually oriented business employees shall comply with all applicable local, state, and federal laws, ordinances and statutes, including zoning ordinances and other land use restrictions. Issuance of sexually oriented business and sexually oriented business employee. The temporary shall expire upon the final decision of the Department to deny or grant the sexually oriented business. Within forty days of the initial filing date of the completed application, the Department shall issue a Tooele escort classified the applicant or issue to the applicant a letter of intent to deny the application.
The Department shall approve the issuance of the unless one or more of the following is found by a preponderance of the evidence to be true:. The sexually oriented business shall be posted in a conspicuous place at or near the entrance to the sexually oriented business premises so that it is easily readable at all times to those entering the premises.
Lighting shall be adequate in the area in which the is located or the shall be illuminated so that it is easily readable. The temporary shall expire upon the final decision of the Department to deny or grant the sexually oriented business employee. Within forty days of the date that a completed application is filed, the Department shall either issue a licence or issue a written notice of intent to deny a to the applicant. The Department shall approve the issuance of a unless one or more of the following is found by a preponderance of the evidence to be true:.
The issuance date and expiration date shall also appear in a conspicuous place on the .
A sexually oriented business employee shall keep the sexually oriented business employee on his or her person or on the premises where he or she is performing or working and shall produce the upon request of a law enforcement official or Department official charged with compliance enforcement. Inspection of sexually oriented business premises. Inspections shall be permitted at any time the sexually oriented is occupied by patrons or open for business.
Expiration of s. Each issued pursuant to this Chapter shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Application for renewal shall be made prior to the expiration of the .
If a expires before a completed renewal application is submitted, the applicant shall pay the initial application renewal fee and the applicant shall be otherwise processed as an initial application. The Department shall state the basis for seeking to suspend the in the notice of intent. Revocation or denial. The Department shall state the basis for seeking to revoke the in the notice of intent. Hearing on revocation, suspension or denial; appeal.
The notice shall include the following:. If the e or applicant cannot be served after reasonable efforts or the certified mail receipt is returned to the City uned, the notice shall be published twice a week for two weeks in a newspaper of general circulation. Once publication is complete, the e or applicant shall be deemed notified for purposes of this Chapter.
The Administrative Hearing Officer shall conduct the hearing no more than fifteen business days from the date that the written response is received. The suspension, revocation, or denial shall take effect five business days after mailing. Suspension, revocation, or denial shall take effect regardless of whether the e or applicant accepts service of the notice. Transfer of.
Sexually oriented business s and sexually oriented business employee s are not transferable. A sexually oriented business does not permit the operation of a sexually oriented business at any location other than the address deated on the sexually oriented business application form. Hours of operation.
It shall be unlawful to Tooele escort classified a sexually oriented business between the hours of P. Location and distance requirements. Live public nudity and semi-nudity. Interior de requirements pertaining to sexually oriented businesses featuring live semi-nudity.
Regulations pertaining to sexually oriented businesses that exhibit Sexually Explicit Films or Videos. The diagram shall also depict the place where the sexually oriented business will be posted. The diagram need not be a blueprint prepared by an architect or engineer, but shall be drawn to a deated scale and depict the dimensions of all interior spaces to an accuracy of plus or minus six inches. The diagram shall be oriented toward the north or toward a deated street and accurately depict the front entrance and all other points of access to the interior.
It shall be the duty of the operator and any employees present on the premises to ensure that the required illumination is maintained at all times that the premises is occupied by patrons or open for business.
No person shall make or attempt to make an opening between viewing rooms. Rugs or carpeting are prohibited. The operator shall cause a cleaning log to be kept, and shall allow City Officials to inspect the log upon request. Cleaning shall include the entire interior of any viewing room with disinfectant, including the floors, walls, seats, monitors, cameras, counters, windows, and other surfaces. Loitering and exterior monitoring. Zoning, exterior de.
Penalties and enforcement. Each day that a violation exists shall constitute a separate offense. Applicability to existing businesses. No sexually oriented business, sexually oriented business employee, or sexually oriented business operator may continue to feature sexually oriented entertainment, perform, or Tooele escort classified engage in sexually oriented business activity once the temporary has lapsed, without first obtaining a as required under this Chapter.
Persons under It shall be a violation for a sexually oriented business or any sexually oriented business employee who is employed by the sexually oriented business to recklessly or knowingly allow a person under the age of 18 years to enter into or remain within the sexually oriented business premises. This Chapter and each section, subsection, and provision thereof are independent divisions and subdivisions; it is the express intent of the legislative body that if any provision, subsection or section is declared to be invalid, the remaining provisions shall remain in effect, and shall stand independent of the any portion held to be invalid as if enacted by the legislative body without the invalidated portions.
for a. Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call or attorney tooelecity. Code and Offices Title 1. Chapter 1. City Code Title 1.
Chapter 2. Saving Clause Title 1. Chapter 3. Definitions Title 1. Chapter 4. Punishments Title 1. ZIP: 84074