HomeMy WebLinkAboutORD1037ORDINANCE NO.1037
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION.ARIZONA.ZONING
ORDINANCE,IN CASE AM -2-98,AMENDING ARTICLE 5.SECTION 5.0101
DEFINITIONS,BY DELETING EXISTING DEFINITIONS PERTAINING TO "ADULT
USES,"ADDING NEW DEFINITIONS PERTAINING TO "ADULT USES"AND
ADDING DEFINITIONS FOR "DEVELOPMENT SERVICES DIRECTOR"AND "ZONING
ADMINISTRATOR"IN GENERAL;REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT:
SECTION I IN GENERAL
The Apache Junction.Arizona.Zoning Ordinance is hereby amended by deleting
from Section 5.0101,under the definition of ADULT USES,existing definitions
for "Adult Bookstore","Adult Live Entertainment Establishment","Adult
Novelty Store","Adult Theater","Specified Sexual Activities"and "Specified
Anatomical Areas".
SECTION I I IN GENERAL
The Apache Junction.Arizona.Zoning Ordinance is hereby amended by adding to
Section 5.0101,under the definition of ADULT USES,the following definitions
in their proper alphabetical sequence to read:
ADULT ARCADE OR PEEPSHOW:Any place to which the public is permitted or
invited where coin -operated or slug -operated,or for any form of
consideration,electronically,electrically,or mechanically controlled still
or motion picture machines,projectors,video or laser disc players,or other
image -producing devices are maintained to show images to a person in a booth
or a viewing room where the images so displayed depict or describe "specified
anatomical areas"or "specified sexual activities".
ADULT BOOKSTORE,ADULT VIDEO STORE OR ADULT NOVELTY STORE:A commercial
establishment which as one of its principal business purposes offers for sale
or rental for any form of consideration any one or more of the following:
ORDINANCE NO.1037
PAGE 1 OF 7
A.Books,magazines,periodicals,or other printed matter,or
photographs,films,computer generated images,motion pictures,
video cassettes or video reproductions,slides,or other visual
representations that depict or describe "specified anatomical
areas"or "specified sexual activities";or
B.Instruments,devices or paraphernalia that are designed for use in
connection with "specified sexual activities,"excluding condoms
and other birth control and disease -prevention products.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material
depicting or describing "specified anatomical areas"or "specified
sexual activities"and still be categorized as Adult Bookstore,Adult
Video Store,or Adult Novelty Store.Such other business purposes will
not serve to exempt such commercial establishments from being
categorized as an Adult Bookstore,Adult Video Store or Adult Novelty
Store so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe "specified anatomical areas"or "specified sexual
activities."
ADULT CABARET:A nightclub,bar,restaurant,or other commercial
establishment licensed to serve alcoholic beverages pursuant to Arizona
Revised Statutes Annotated (A.R.S.)§4-209 (B),which regularly
features,exhibits or displays as one of its principal business
purposes:
A.Individuals who appear in a state of nudity or semi -nudity;or
B.Live performances which are characterized by the exposure of
"specified anatomical areas"or "specified sexual activities";or
C.Films,motion pictures,video cassettes,slides or other
photographic reproductions which depict or describe "specified
anatomical areas"or "specified sexual activities."
ADULT HOTEL/MOTEL:A hotel or motel or similar commercial establishment
that:
ORDINANCE NO.1037
PAGE 2 OF 7
A.Offers public accommodations for any form of consideration;
provides patrons with closed-circuit television transmissions,
films,computer generated images,motion pictures,video
cassettes,slides,or other photographic reproductions that depict
or describe "specified anatomical areas"or "specified sexual
activities"as one of its principal business purposes;and has a
sign visible from the public right-of-way which advertises the
availability of these adult -types of photographic reproductions;
or
B.Offers a single sleeping room for rent less than ten (10)hours in
a twenty-four (24)hour period;or
C.Allows a tenant or occupant of a sleeping room to subrent the room
for a period of time that is less than ten (10)hours in a twenty-
four hour period.
ADULT LIVE ENTERTAINMENT ESTABLISHMENT:A commercial establishment that
offers any of the following entertainment during any part of any two or
more days within any continuous thirty day period:
A.Male or female adult services providers and employees who are nude
or are in a state of nudity;or
B.Nude models;or
C.Mud wrestling,wet T-shirt or other similar entertainment.
ADULT MOTION PICTURE THEATER:A commercial establishment,where for any
form of consideration,films,motion pictures,video cassettes,slides,
or similar photographic reproductions are regularly shown as one of its
principal business purposes that depict or describe "specified
anatomical areas"or "specified sexual activities."
ADULT THEATER:A commercial establishment which regularly features,
exhibits or displays,as one of its principal business purposes,
individuals who appear nude,in a state of nudity or semi -nudity,live
or by film,or plate negative,film or plate positive,film or tape
designed to be projected on a screen for exhibition,or films,glass
slides or transparencies,either in negative or positive form,designed
for exhibition by projection on a screen,or any type of viewing booth
or equipment,that expose or depict "specified anatomical areas"or
"specified sexual activities."
ORDINANCE NO.1037
PAGE 3 OF 7
ESCORT AGENCY:A person or business that furnishes,offers to furnish,
or advertises to furnish escorts as one of his,her or its principal
business purposes for a fee,tip,or other consideration.
MODELING STUDIO:A business which provides,for pecuniary compensation,
monetary or other consideration,hire or reward,figure models who,for
the purpose of sexual stimulation of patrons,display "specified
anatomical areas"to be observed,sketched,photographed,painted,
sculpted,or otherwise depicted by persons paying such consideration.
SEXUAL ENCOUNTER CENTER:A business that as one of its primary purposes
offers for any form of consideration physical contact in the form of
wrestling or tumbling between persons of the opposite sex;or activities
between male and female persons and/or persons of the same sex when one
or more of the persons is in a state of nudity or semi -nudity.
The following definitions are applicable to the definition of "adult
uses".
ADULT SERVICES:Dancing,service of food or beverage,modeling,posing,
wrestling,singing,reading,talking,sitting or listening,or other
performances or activities conducted for any consideration in a sexually
oriented business by an individual who is nude or is in a state of
nudity during all or part of the time the person is providing such
service.
ADULT SERVICES PROVIDER:Any individual who provides any adult services,
whether an employee or independent contractor.
BOOTH:A partitioned area in which coin or token operated video
machines,projectors or other electronically or mechanically controlled
devices are used in the regular course of business to produce still or
moving picture images,that expose or depict "specified anatomical
areas"or "specified sexual activities."
EMPLOYEE:Any individual who performs any service on the premises of a
sexually oriented business on a full-time,part-time or contract basis,
whether or not the person is denominated as an employee,independent
contractor,agent,or otherwise and whether or not such individual is
paid a salary,wage or other compensation by the operator.Employee
does not include a person exclusively on the premises for repair or
maintenance of the premises or for delivery of goods to the premises.
ORDINANCE NO.1037
PAGE 4 OF 7
ESCORT:An individual who for tips or any other consideration agrees or
offers to act as a companion,guide or date for another individual or
who agrees or offers to privately model or otherwise be clothed in
lingerie or to privately perform a striptease for another individual.
ESTABLISHMENT:The opening or commencement of any sexually oriented
business as a new business;or the conversion of an existing business,
whether or not a sexually oriented business,to any sexually oriented
business;or the addition of any sexually oriented business to any other
sexually oriented business;or the relocation of any sexually oriented
business.
FIGURE MODEL:Any individual who for pecuniary compensation,
consideration,hire or reward,poses in a modeling studio to be
observed,sketched,painted,drawn,sculpted,photographed or otherwise
depicted.
MANAGER'S STATION:A permanently designated area marked accordingly
within a sexually oriented business where a sexually oriented business
manager is located in the normal course of operations.
NUDE,NUDITY OR STATE OF NUDITY:The showing of the human male or female
genitals,pubic area,vulva,anus,anal cleft/cleavage or buttocks with
less than a fully opaque covering;the showing of the female breast with
less than a fully opaque covering of any part of the nipple;or the
showing of the covered male genitals in a discernibly turgid state.
OPERATE A SEXUALLY ORIENTED BUSINESS;OPERATOR:Supervising,managing,
inspecting,directing,organizing,controlling,or being responsible for
or in charge of the conduct of activities of a sexually oriented
business.
PATRON OR CUSTOMER:An individual invited or permitted to enter and
remain upon the premises of a sexually oriented business,whether or not
for consideration.
PREMISES:Interior and exterior areas of a sexually oriented business
establishment including the parking lot.
ORDINANCE NO.1037
PAGE 5 OF 7
SEMI-NUDE OR SEMI-NUDE CONDITION:A state of dress in which clothing
covers no more than the genitals,pubic region,buttocks,areola of the
female breast,as well as portions of the body covered by supporting
straps or devices.
SEXUALLY ORIENTED BUSINESS:An adult arcade,adult bookstore,adult
cabaret,adult live entertainment establishment,adult hotel/motel,
adult motion picture theater,adult novelty store,adult theater,adult
video store,escort agency,modeling studio,sexual encounter center,
and any combination thereof.
SEXUALLY ORIENTED BUSINESS MANAGER,OR MANAGER:An individual on the
premises of a sexually oriented business who is authorized to exercise
overall operational control of the business.
SPECIFIED ANATOMICAL AREAS:
A.Less than completely and opaquely covered human genitals,pubic
region,buttocks,and female breast below a point immediately
above the top of the areola;
B.Human male genitals in a discernibly turgid state,even i f
completely and opaquely covered;
C.Any device,costume or covering that simulates any of the body
parts included in (A)and (B)as referenced above.
SPECIFIED SEXUAL ACTIVITIES:Whether performed directly or indirectly
through clothing or other covering:
A.The fondling or other erotic touching of human genitals,pubic
region,buttocks,anus,or female breast;
B.Sex acts,actual or simulated,including intercourse,oral
copulation,or sodomy;
C.Masturbation,actual or simulated;
D.Excretory functions as part or in connection with any of the other
activities described in (A)through (C),as referenced above.
SECTION III IN GENERAL
The Apache Junction.Arizona.Zoning Ordinance is hereby amended by adding to
Section 5.0101,in general,the following definitions in their proper
alphabetical sequence to read:
ORDINANCE NO.1037
PAGE 6 OF 7
DEVELOPMENT SERVICES DIRECTOR:The department director of the Apache
Junction Development Services Department,or his or her designated
agent,whose duties are more fully described in Article 3-9 of the
Apache Junction City Code.
ZONING ADMINISTRATOR:The City of Apache Junction official who initially
determines zoning and land development compliance,as appointed by the
Development Services Director.
SECTION IV REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance,or any part of the code adopted herein by reference,are hereby
repealed.
SECTION V PROVIDING FOR SEVERABILITY
If any section,subsection,sentence,phrase,clause or portion of this
ordinance,or any part of the code adopted herein by reference,is for any
reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction,such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 2ND DAY OF JUNE ,1998.
SIGNED AND ATTESTED TO THIS
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
7-Is
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1037
PAGE 7 OF 7
2ND DAY OF JUNE ,1998.
DOUGLAS/COLEMAN
Mayor