HomeMy Public PortalAbout078-1988-DEFEATED- AMENDING CODE BY ENACTING AN ARTICLE TO BE ENTITLED ADULT MOTION PICTURE ARCADESORDINANCE NO. 78-1988
AN ORDINANCE AMENDING THE RICHMOND CITY CODE, BY ENACTING AN ARTICLE
TO BE ENTITLED "ADULT MOTION PICTURE ARCADES"; PROVIDING A STATEMENT
OF PURPOSE; PROVIDING DEFINITIONS; REGULATING THE MANNER OF OPERATION
OF "ADULT MOTION PICTURE ARCADES".
BE IT ORDAINED by the Common Council of the City of Richmond:
SECTION 1. That Title Eleven of the Richmond City Code, is hereby amended by addition of Chapter
120, entitled "Adult Motion Picture Arcades", to read as follows:
CHAPTER 120: ADULT MOTION PICTURE ARCADES
Section 1. Purpose.
It has been established that an operation of an Adult Motion Picture Arcade can result in (1) unlawful sexual
conduct, (2) unsanitary related diseases such as Acquired Immune Deficiency Syndrome (AIDS), syphilis,
and other similar ailments unless the manner of such operation is properly regulated. The purpose of this
article is to regulate the manner of operation of Adult Motion Picture Arcades in order to deter and to
facilitate the detection and prevention of such hazards to the public health, safety and welfare.
Section 2. Definitions.
For the purposes of this article, the following terms or phrases shall have the meanings indicated:
(1) "Adult Motion Picture Arcade" or "Arcade" shall mean any commercial establishment which meets the
following criteria:
(a) the establishment contains one or more electrically or mechanically operated machines,
projectors, recorders or other image -producing devices of any kind which are used to exhibit still
pictures, motion pictures, video pictures or other images distinguished or characterized by an
emphasis on depicting "Sexual Conduct" or "Specified Anatomical';
0
(b) the establishment contains one or more viewing areas of one hundred fifty (150) square feet or
less per image -producing device.
(2) "Sexual Conduct" shall include the following:
(a) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;
(b) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, sodomy;
(c) Masturbation, and;
(d) Excretory functions as part of or in connection with any of the activities set forth in (a)
through (c) above.
(3) "Specified Anatomical Areas" shall include the following:
(a) Human genitals, pubic region, buttocks and female breasts below a point immediately above
the top of the areola.
(b) Human make genitals in a discernibly turgid state, even if completely and opaquely covered.
(4) "Viewing Area(s) shall mean any area(s) where a patron or customer of an "Adult Motion Picture
Arcade" would ordinarily be positioned while watching an image -producing device.
Section 3 Adult Motion Picture Arcade - manner of operation.
An "Adult Motion Picture Arcade' shall be operated in compliance with the following regulations:
(a) The Arcade shall have a manager's station on the premises.
(b) The Arcade shall have at least one employee situated in the manager's station at all times when
any patron or customer is present on the premises.
(c) The interior of the Arcade shall be designed in such a manner that all portions of all viewing
areas are visible from the manager's station.
(d) The view from the manager's station into the viewing areas shall at all times be unobscured by
any curtains(s), door(s), wall(s), merchandise, display rack(s) or any other materials of any king.
(e) No viewing area may be occupied by more than one patron or customer at any time.
(f) The Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate all portions of all viewing areas at not less than one (1) £ootcandle as measured at floor
level.
Section 4 Violations and penalty.
(a) Violations. It shall be unlawful for any person to operate, or cause to be operated, any "Adult
Motion Picture Arcade" in violation on any of the regulations set forth in Section of this
article. Every day that a violation exists shall constitute a separate offense subject to the full
penalty set forth in subsection (b) of this section.
(b) Penalty. Any person in violation of any of the provisions of this article shall, upon
conviction or such violation, be subject to a fine not to exceed five hundred dollars ($500.00), plus
court costs.
SECTION 2 EFFECTIVE DATE. The provisions of this Ordinance shall become effective sixty (60)
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.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this _ day of
. 1988.
President of Common Council
ATTEST:
City Clerk
PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of
1988.
City Clerk
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this day of
1988.
ATTEST:
City Clerk
Mayor