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Home My Public Portal About045-1991 - ORDINANCE AMENDING THE RICHMOND CITY CODE BY ENACTINORDINANCE NO. 45-1991 AN ORDINANCE AMENDING THE RICHMOND CITY CODE BY ENACTING AN ARTICLE TO BE ENTITLED "AMUSEMENT ARCADES"; PROVIDING A STATEMENT OF PURPOSE; PROVIDING DEFINITIONS; REGULATING THE MANNER OF OPERATION OF "AMUSEMENT ARCADES' WHEREAS, adult oriented establishments install booths with doors in which patrons can view adult oriented movies or videotape or film or view other forms of adult entertainment; and WHEREAS, the closed peep show booths in adult bookstores provide a haven for carnal sexual activity; and WHEREAS, it is well known and has been found in Dayton, Ohio; Milwaukee and Kenosha Counties, Wisconsin; Chattanooga, Tennessee; Newport News, Virginia; Marion County, Indiana; Dallas, Texas; Minneapolis, Minnesota; Phoenix, Arizona; Delafleld, Wisconsin; and Columbus, Ohio, to name but a few localities, that viewing booths in adult oriented establishments have been or are being used by patrons of said establishments for engaging in sexual acts, particularly between males, including, but not limited to intercourse, sodomy, or oral copulation and masturbation, resulting in unsafe and unsanitary conditions in said booths; and WHEREAS, carnal sexual activity contributed to the epidemic spread of sexually transmitted diseases, including AIDS, presenting a threat to the public health and welfare; and WHEREAS, the Attorney General's Commission on Pornography recommends that local governments ban certain features of these booths that facilitate carnal sexual encounters; and WHEREAS, ordinances such as or similar to the instant have been held to be constitutional for the reasons stated therein in all of the jurisdictions recited above. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond: SECTION 1 THAT A NEW CHAPTER 121 BE ADDED TO THE RICHMOND CITY CODE AS FOLLOWS: CHAPTER 121: AMUSEMENT ARCADES 121.01 Purpgse The purpose of this article is to regulate the manner of operation of Amusement Arcades in order to deter and to facilitate the prevention of the spread of sexually transmitted diseases, including AIDS, presenting a threat to the public health and welfare. 121.02 Definitions (A) "Amusement Arcade" means any place of business in which a film or video viewing service or devices are located for the use of entertainment of a person or persons patronizing the place of business, but does not include hotels and motels. (B) "Film or video viewing device" means any electrical or mechanical device which projects or displays any film or videotape or reproduction, the temporary use of which is contingent upon the payment of some consideration and which use is to occur upon the premises where the device is located. 121.03 Film or Video Viewing Device Specifications and Requirements Any amusement arcade containing film or video viewing devices shall comply with the requirements of Section 121.04 herein if the material exhibited by the devices depicts any of the following elements: ( 1 ) Vaginal or anal intercourse between persons, regardless of sex; ( 2) Sexual contact between humans and animals; ( 3) Masturbation, whether of another or one's self; ( 4) Oral sex, real or simulated; ( 5) Graphic depiction of human excretory functions. 121.04 Each and eveQLILi win for all film r vi-deo devicesI with all of the followina• ( 1 ) Be visible from a well -illuminated continuous main aisle; (2) Not be obscured by any curtain, door or other enclosure; (3) All side or rear walls must be without holes or openings; (4) Shall not be occupied by more than one patron at a time; (5) Be illuminated by a light bulb of a wattage of no less than 25 watts. 121.05 No-ownNo-owner, operator.m r ageot of an amusement arcade,shall violate this i and/or allow r permit a violation thereQf to occur, J31 .06 No patron of an amusement arcade shall violate Section 121.04 (4) ,gbove. 12�1 ,7_ Any pgrsonviolating thi h I f a fine1 f r eveLy violation. SECTIQN2 EFFECTIVE DATE The provisions of this Ordinance shall become effective sixty (60) calendar days from the date of final passage. SECTION 3 SEVERABILITY If any section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. P 5SE AND OAW��' ADOPTED by the Common Council of the City of Richmond, Indiana this3� day of Ak, 1991. ff President of Common bouncil ATTEST: City Clerk P SENTED by me to the Mayor of the City of Richmond, diana this' day of ,1991. City Clerk APP VED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this L /day of 1991. Mayor ATTEST: City Clark +lgl820-IegO„IegO$ NOTICE OF PUBLIC HEARING[ ON ORDINANCE NO. 45-1991 [ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Tuesday, September 3, 1991 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ ORDINANCE NO 45-,1,M AN ORDINANCE AMENDING THE RICHMOND CITY CODE BY ENACTING AN ARTICLE TO BE ENTITLED "AMUSEMENT ARCADES", PROVIDING A STATEMENT OF PURPOSE; PROVIDING DEFINITIONS; REGULATNG THE MANNER OF OPERATION OF "AMUSEMENT ARCADES"[ All parties interested in or affected by these Ordinances are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.[ Mary Merchanthouse[ City Clerk[ Publish Date: August 23, 1991 [== ON I� °F RI�ti INTEROFFICE MEMO CITY OF RICHMOND SO NORTH FIFTH 5T. RICHMOND, INDIANA 47374 AND I Ap P DATE: August 7, 1991 TO: Mary Merchanthouse, City Clerk FROM: Bruce Metzger, City Attorney SUBJECT: Ordinance - Amusement Arcades COPY TO; Sally Hutton, File Jane Brookbank is sponsoring the attached ordinance and has requested that this ordinance be placed on the agenda for the next Council meeting. This ordinance regulates activity at amusement arcades, and I believe it is self-explanatory. jbs CITY OF DAYTON, OHIO DEPARTMENT OF LAW OFFICE OF THE DIRECTOR - 101 WEST THIRD STREET - DAYTON, OHIO 45402 - (513) 443-4104 CIVIL DIVISIONS - 101 WEST THIRD STREET - DAYTON, OHIO 45402 - (513) 443-4100 CRIMINAL DIVISION - 335 WEST THIRD STREET - DAYTON, OHIO 45402 - (513) 443-4400 J. ANTHONY SAWYER Director of Law KENNETH E.BARDEN Chief General Counsel September 3, 1991 SUSAN S. SILBERSTEIN Chief AdminstrativeCounsel _ PATRICK J. BONFIELD President and Members Chief Trial Counsel Richmond City Council VINCENT P. POPP 50 North 5th Street Chief Prosecutor Richmond, IN 47374 i Subject: Viewing Booth Ordinance Edward B. Neuman Sleven R. Milby Raymond L.Bifott Dear President and Members of the Richmond City Council: John J. Scaccia Paulaiaen Worsham Yashmin Mia W I had orig1naiIy planned to attend your meeting tonight; V. Ellen Graham however due to a family medical emergency I will be unable to Joseph P. Harmon do so, and for that I apologize. Richard P. Brudzynski Lynn R. Donaldson Countess Taylor Nevertheless, I wish to relate to you that the ordinance you Mark L. selp Danish John J.raC are considering tonight is based upon a similar ordinance we Nora C. Hendrickson adopted 1 n Dayton on October 18, 1989. This ordinance has P Y Diane R. Friday successfully withstood Constitutional challenge In the United Michael C. Thompson States District Court, as we I I as the United States Court of Appeals for the Sixth Circuit. Regulation of viewing booths Herbert S. Beane In this manner has been consistently upheld by Courts not only CityAttorney In Dayton but In other jurisdictions as a valid Emeritus content -neutral time, place, or manner regulation. The James W. Drake Ordinance is directed at alleviating the health, safety , and City Attorney crime threats inherent In closed booth operations. The Emeritus requirement of the ordinance are reasonable in nature and fairly straightforward in enforcement. Since the adoption of this ordinance we have been contacted by a number of other jurisdictions who have expressed similar interests In passing such legislation. The consensus here and in other jurisdictions that have adopted these regulations Is that these regulations have demonstrably Richmond City Council page 2 reduced the problems associated with closed viewing booth operations. If I can be of further assistance feel free to contact me. Respectfully, �Q Kenneth E. Barden Chief General Counsel KEB:sis DISPOSITION OF ORDINANCE NO. `—5 -199 / RESOLUTION NO. -199 by Common Council Ordinance No.11.5- Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date &-f 7-91 Susp. rules 1st read Title only Seconded �— Proof of Publicaton v Seconded Move to 2nd read ------------------------ Seconded ----- --- ----- --------- ------- -------------• ----- ------ Engrossment ----- J ------------------- Seconded ----- ------ .......................... v ------------------------ Susp rules 3rd read Seconded v Passage ... ... O R ------- ---------- ----------- -------- -------------------------------- Rejection () Date Passed % ' 3 ` 1 / COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DA AMENDMENTS: COMMENTS: