HomeMy Public PortalAboutOrdinances-2002-255 1
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CITY OF TIFFIN ORDINANCE No. 2002- 2 5 5
AN ORDINANCE REGULATING THE OPERATION OF SEXUALLY-
ORIENTED BUSINESSES WITHIN THE CITY OF TIFFIN-
WHEREAS,the City of Tiffin has determined that it is necessary to regulate the operation
of sexually-oriented businesses within the city limits;
NOW,THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN,
IOWA AS FOLLOWS:
Section 1. Purpose and Intent. It is the purpose of this ordinance to regulate
sexually-oriented businesses and related activities to promote the health, safety,morals, and
general welfare of the citizens of the Tiffin, and to establish reasonable and uniform
regulations to prevent the deleterious location and concentration of sexually-oriented
businesses within the City. The provisions of this ordinance 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 or effect of this ordinance
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. Neither is it the intent nor effect of this ordinance
to condone or legitimize the distribution of obscene materials.
Section 2. Definitions. The following terms are defined for use in this ordinance. •
1. "Adult arcade" means any place to which the public is permitted or invited
wherein coin-operated or slug-operated or electronically,electrically,or mechanically
controlled still or motion picture machines, projectors, or other image-producing devices are
maintained to show images to five or fewer persons per machine at any 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.
2. "Adult bookstore" or"adult video store" means a commercial establishment that,
as one of its principal business purposes, offers for sale or rental for any form of
consideration any one or more of the following: •
A. Books,magazines, periodicals or other printed matter, or photographs, films,
motion picture,video cassettes or video`reproductions, slides, or other visual representations
which depict or describe specified sexual activities or specified anatomical areas; or
B. Instruments,devices, or paraphernalia that are designed for use in connection
with specified sexual activities.
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 sexual activities or
specified anatomical areas and still be categorized as an adult bookstore or adult video store.
Such other business purposes will not serve to exempt such commercial establishments from
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being categorized as an adult bookstore or adult video 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 sexual activities or specified anatomical areas. A principal
business purpose need not be a primary use of an establishment, so long as it is a significant
use based upon the visible inventory or commercial activity of the establishment.
3. "Adult cabaret" means a commercial establishment that regularly features:
A. Persons who appear in a state of semi-nudity; or
B. Live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C. Films,motion pictures,video cassettes, slides, or other photographic
Y e e
reproductions that are characterized by the depiction or descri tion`of specified sexual
P P P P
activities or specified anatomical areas; or
D. Persons who engage in lewd,lascivious or erotic dancing or performances
that are intended for the sexual interests or titillation of an audience or customers.
4. "Adult motel" means a hotel,motel or similar commercial establishment that:
A. Offers accommodation to the public for any form of consideration and
provides patrons with closed-circuit television transmissions, films,motion pictures,video
cassettes, slides, or other photographic reproductions that are characterized by the depiction
or description of specified sexual activities or specified anatomical areas and has a sign
visible from the public right-of-way that advertises the availability of these adult types of
photographic reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than twenty-
four (24) hours; or
C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than twenty-four (24) hours.
5. "Adult motion picture theater" means a commercial establishment where,for any
form of consideration, films,motion pictures,video cassettes, slides, or similar photographic
reproductions are regularly shown that are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.
6. "Adult theater" means a theater, concert hall,auditorium, or similar commercial
establishment that regularly features persons who appear in a state of nudity or live
performances that are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
7. "Director" means city official designated by order of resolution of the City
Council of Tiffin.
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• 8. "Escort" means a person who,for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
9. "Escort agency" means a person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes for a fee,tip
or other consideration.
10. "Establishment" means and includes any of the following:
A.The opening or commencement of any sexually-oriented business as a new
business;
B. The conversion of an existing business,whether or not a sexually-oriented
business,to any sexually-oriented business;
C. The additions of any sexually-oriented business to any other existing sexually-
oriented business; or
D. The relocation of any sexually-oriented business.
11. "Licensed day-care center" means a facility licensed by the State,whether
situated within the City or not,that provides care,training, education, custody,treatment or
supervision for more than twelve (12) children under fourteen (14)years of age,where such
children are not related by blood,marriage or adoption to the owner or operator of the
facility,of less than twenty-four (24) hours a day,regardless of whether or not the facility is
operated for a profit or charges for the services it offers.
12. "Permittee" means a person in whose name a permit to operate a sexually-
oriented business has been issued, as well as the individual listed as an applicant on the
application for a permit.
13. "Nude model studio" means any place where a person who appears in a state of
nudity or displays "specified anatomical areas" is provided to be observed, sketched,drawn,
painted, sculpted,photographed or similarly depicted by other persons who pay money or
any form of consideration.
14. "Nudity" or"state of nudity" means the appearance of a human bare buttock,
anus,male genitals, female genitals, or female breast without a fully opaque, complete
covering of the breast below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely and opaquely covered.
15. "Semi-nude" means a state of dress in which clothing covers no more than the
human bare buttock, anus,male genitals, female genitals, or female breast without a fully
opaque, complete covering of the breast below a point immediately above the top of the
areola, or human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
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16. "Sexual encounter center" means a business or commercial enterprise that, as
one of its principal business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
B. 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 is semi-nude.
17. "Sexually-oriented business" means an adult arcade, adult bookstore or adult
video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency,nude model studio or sexual encounter center.
18. "Specified anatomical areas" means the male genitals in a state of sexual arousal
and/or the vulva or more intimate parts of the female genitals.
19. "Specified sexual activities" means and includes any of the following:
A. The fondling or other erotic touching of human genitals,pubic region,
buttocks, anus or female breasts;
B. Sex acts,normal or perverted, actual or simulated,including intercourse, oral
copulation or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set
forth in subsections A through C above.
20. "Substantial enlargement" of a sexually-oriented business means the increase in
floor areas occupied by the business by more than twenty-five (25%) from the original
premises.
21. "Transfer of ownership or control" of a sexually-oriented business means and
includes any of the following:
A. The sale,lease or sublease of the business;
B. The transfer of securities that form a controlling interest in the business,
whether by sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal device that transfers
the ownership or control of the business, except for transfer by bequest or other operation
of law upon the death of the person possessing the ownership or control.
Section 3. Classification and Standards of Conduct and Operation.
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A. Sexually-oriented businesses are classified as follows:
1. Adult arcades;
2. Adult bookstores or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theaters;
6. Adult theaters;
7. Escort agencies;
8. Nude model studios; and
9. Sexual encounter centers.
B. The following standards of conduct must be adhered to by entertainers
and employees of any sexually-oriented business while on the premises:
1. No employee or entertainer shall be unclothed or in such less than
opaque and complete attire, costume or clothing so as to expose to view any specified
anatomical area. No payment or gratuity is allowed to any entertainer for any unlawful act
as described by this ordinance.
2. No employee or entertainer shall perform:
a. Any specified sexual activities; or
• b. the displaying of any specified anatomical area.
3. No employee or entertainer shall be unclothed or in less than opaque
and complete attire,costume or clothing as described in Paragraph B of this subsection.
4. No employee or entertainer shall knowingly touch any specified
anatomical area of another person, or knowingly permit another person to touch any
specified anatomical area of such employee or entertainer; or no employee or entertainer
shall knowingly fondle or caress any specified anatomical area of another person,whether
such area is clothed,unclothed, covered or exposed, or knowingly permit another person to
fondle or caress any specified anatomical area of such employee or entertainer,whether such
area is clothed,unclothed, covered or exposed.
5.No entertainer shall be visible from any public place during the hours
of his or her employment, or apparent hours of his or her employment,while such
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entertainer is in such attire,costume or clothing to expose to view any specified anatomical
area or while performing any entertainment.
6. No entertainer shall solicit, demand or receive any payment or gratuity
from any customer for any act prohibited by this ordinance.
7.No entertainer shall receive any payment or gratuity from any customer
for any act prohibited by this ordinance.
C. At any sexually-oriented business,the following are required:
1. A sign, on which upper-case letters are at least two (2) inches high and lower-
case letters are at least one (1) inch high, shall be conspicuously displayed in the common
area at the principal entrance and shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS
IS REGULATED BY THE CITY OF TIFFIN, IOWA.
ENTERTAINERS ARE:
1. Not permitted to engage in any type of sexual conduct on
the premises or in prostitution;
2. Not permitted to be unclothed or in such less than opaque
and complete attire, costume or clothing so as to expose to
view any portion of the breasts below the top of the areola,
or any portion of the pubic region,buttocks and/or genitals.
3. Not permitted to receive any payment or gratuity from any
customer.
2.Neither entertainment nor any photograph, drawing, sketch or other pictorial or
graphic representation thereof displaying any specified anatomical area shall be visible from a
public place.
3. The premises shall be equipped with overhead lighting of sufficient intensity to
illuminate every place to which customers are permitted access at an illumination of not less
than one foot-candle as measured at the floor level, and such illumination must be
maintained at all times that any customer is present in or on the premises.
Section 4. Permit Required.
A. It is unlawful for a person to operate a sexually-oriented business without a valid
permit issued by the City of Tiffin's designated Director, as provided by resolution of the
City of Tiffin City Council.
B. An application for a permit must be made on a form provided by the City. The
application must be accompanied by a sketch or a diagram showing the configuration of the
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premises,including a statement of total floor space occupied by the business. The sketch or
diagram need not be professionally prepared but must be drawn to a designated scale or
drawn with marked dimensions of the interior of the premises to an accuracy of plus or
minus six inches.
C. The applicant must be qualified according to the provisions of this ordinance and
the premises must be inspected and found to be in compliance with the law by the Health
Department,Fire Department, Building Official and Zoning Official and other city officials,
as designated by the City of Tiffin.
D. If a person who wishes to operate a sexually-oriented business is an individual,
he must sign the application for a permit as applicant. If a person who wishes to operate a
sexually-oriented business is other than an individual,each individual who has a ten percent
(10%) or greater interest in the business must sign the application for a permit as applicant.
If a corporation is listed as owner of a sexually-oriented business or as the entity that wishes
to operate such a business,each individual having a ten percent (10%) or greater interest in
the corporation must sign the application for a permit as applicant.
E. The fact that a person possesses other types of State or City permits and/or
licenses does not exempt said person from the requirement of obtaining a sexually-oriented
business permit.
F. Applications for a permit,whether original or renewal,must be made to the
Director by the intended operator of the enterprise. Applications must be submitted by
hand delivery to the office of the Director during regular working hours. Application forms
shall be supplied by the Director. The intended operator shall be required to give the
following information on the application form:
1. The name, street address (and mailing address if different) and Iowa driver's
license number of the intended operator;
2. The name and street address (and mailing address if different) of the owner,
3. The name under which the establishment is to be operated and a general
description of the services to be provided;
4. The telephone number of the establishment;
5. The address and legal description of the tract of land on which the
establishment is to be located;
6. If the establishment is in operation,the date on which the owner acquiring the
establishment began operations as a sexually-oriented business at the location for which the
permit is sought; and
7. If the establishment is not in operation,the expected start-up date (which shall
be expressed in number of days from the date of issuance of the permit). If the expected
start-up date is to be more than ten (10) days following the date of issuance of the permit,
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then a detailed explanation of the construction,repair or remodeling work or other cause of
the expected delay and a statement of the owner's time schedule and plan for accomplishing
the same.
8. Statement that the applicant has not been convicted of a felony or released
from confinement for conviction of a felony,whichever event is later,within five (5)years
immediately preceding the application, or has not been convicted of a misdemeanor or
released from confinement for conviction of a misdemeanor,whichever event is later,within
two (2)years immediately preceding the application, where such felony or misdemeanor
involved sexual offenses, prostitution, sexual abuse of a child or pornography and related
offenses, as defined in the Code of Iowa,Federal law,or the statutes of any other state, or
controlled substance or illegal drugs or narcotics offenses, as defined in the Code of Iowa,
Federal law or the statutes of any other state, or has not been convicted of a municipal
ordinance violation or released from confinement for conviction of a municipal ordinance
violation,whichever event is later,within two (2)years immediately preceding the
application,where such municipal ordinance violation involved indecent exposure,
prostitution or the possession or sale of controlled substances or illegal drugs or narcotics.
G. The application shall be accompanied by the following:
1. Payment of the application fee in.full.
2. If the establishment is an Iowa corporation, a certified copy of the Articles of
Incorporation,together with all amendments thereto.
3. If the establishment is a foreign corporation, a certified copy of the certificate
of authority to transact business in the State,together with all amendments thereto.
4. If the establishment is a partnership formed under the laws of the State, a
certified copy of the certificate of partnership,together with all amendments thereto.
5. If the establishment is a foreign partnership, a certified copy of the certificate
of partnership and the qualification documents,together with all amendments thereto.
6. Proof of the current fee ownership of the tract of land on which the
establishment is to be situated in the form of a copy of the recorded deed.
7. If the persons identified as the fee owners of the tract of land in item F are
not also the owners of the establishment,then the lease,purchase contract,purchase option
contract,lease option contract or other document evidencing the legally enforceable right of
the owners or proposed owners of the establishment to have or obtain the use and
possession of the tract or portion thereof that is to be used for the establishment for the
purpose of the operation of the establishment.
8. Any of items Nos. 2-7 above shall not be required for a renewal application if
the applicant states that the documents previously furnished the Director with the original
application or previous renewals thereof remain correct and current.
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9. The application shall contain a statement under oath that:
a. The applicant has personal knowledge of the information contained in the
application and that the information contained therein and furnished therewith is true and
correct; and
b. The applicant has read the provisions of this ordinance.
H. A separate application and permit shall be required for each sexually-oriented
business.
Section 5. Issuance of Permit.
A. The Director shall approve the issuance of a permit to an applicant within thirty
(30) days after receipt of an application unless the Director finds one or more of the
following to be true:
1. An applicant is under eighteen (18)years of age.
2.An applicant or an applicant's spouse is overdue in the payment to the City of
taxes, fines, fees, charges, or penalties assessed against said applicant or spouse or imposed
in relation to a sexually-oriented business.
3.An applicant has failed to provide information reasonably necessary for
issuance of the permit or has falsely answered a question or request for information on the
application form.
4.An applicant is residing with a person who has been denied a permit by the
City to operate a sexually-oriented business within the preceding twelve (12) months, or
residing with a person whose permit to operate a sexually-oriented business has been
revoked within the preceding twelve (12) months.
5. The premises to be used for the sexually-oriented business has not been
approved by the Health Department,Fire Department,Building Official and Zoning Official
as being in compliance with applicable laws and ordinances.
6. The permit fee required by this ordinance has not been paid.
7.An application of the proposed establishment is in violation of or is not in
compliance with any of the provisions of this ordinance.
B. The permit,if granted, shall state on its face the name of the person to whom it is
granted,the expiration date and the address of the sexually-oriented business. The permit
shall be posted in a conspicuous place at or near the entrance to the sexually-oriented
business that it may be easily read at any time.
C. The Health Department,Fire Department, Building Official and Zoning Official
shall complete their certification that the premises is in compliance or not in compliance
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within twenty(20) days of receipt of the application by the Director. The certification shall
be promptly presented to the Director.
D. In the event that the Director determines that an applicant is not eligible for a
permit,the applicant shall be given notice in writing of the reasons for the denial within
forty-five (45) days after the receipt of the application by the Director,provided that the
applicant may request,in writing,that such period be extendedt for an additional period of
not more than ten (10) days at any time before the notice is issued in order to make
modifications necessary to comply with this ordinance.
E. An applicant may appeal the decision of the Director regarding a denial to the
Council by filing a written notice of appeal with the Clerk within fifteen (15) days after the
applicant is given notice of the Director's decision. The notice of appeal shall be
accompanied by a memorandum or other writing setting out fully the grounds for such
appeal and all arguments in support thereof. The Director may submit a memorandum in
response to the memorandum filed by the applicant on appeal to the Council. After
reviewing such memoranda, as well as the Director's written decision,if any, and exhibits
submitted to the Director,the Council shall vote either to uphold or overrule the Director's
decision. Such vote shall be taken within twenty-one (21) calendar days after the date on
which the Clerk receives the notice of appeal. However,all parties shall be required to
comply with the Director's decision during the pendency of the appeal.
Section 6. Fees. The annual fee for a sexually-oriented business permit is One
Thousand Dollars ($1,00.00). This fee is to be used to pay for the cost of the administration
and enforcement of this ordinance and may be revised by resolution of the Tiffin City
Council.
Section 7. Inspection. An applicant or permittee shall permit representatives of the
Police Department or other City or State department or agencies to inspect the premises of a
sexually-oriented business for the purpose of insuring compliance with the law, at any time it
is occupied or open for business.
Section 8. Expiration of Permit. •
A. Each permit shall expire one year after the date of issuance and may be renewed
only by making application as provided herein. Application for renewal should be made at
least thirty(30) days before the expiration date and when made less than thirty(30) days
before the expiration date,the expiration of the permit will not be affected.
B. When the Director denies renewal of a permit,the applicant shall not be issued a
permit for one year from the date of denial. If, subsequent to the denial,the Director fords
that the basis for denial of the renewal permit has been corrected or abated,the applicant
may be granted a permit if at least ninety(90) days has elapsed since the date the denial
became final.
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Section 9. Suspension. The Director shall suspend a permit for a period not to
exceed thirty-(30) days if it is determined that the permittee or an employee of a permittee
has:
A.Violated or is not in compliance with any section of this ordinance;
B. Become impaired or intoxicated through the use of alcoholic beverages or
controlled substances while on the sexually-oriented business premises;
C. Refused to allow an inspection of the sexually-oriented business premises as
authorized by this ordinance;
D. Knowingly permitted illegal gambling by any person on the sexually-oriented
business premises.
Section 10. Revocation.
A. The Director shall revoke a permit if a cause of suspension in Section 127.09
occurs and the permit has been suspended within the preceding twelve (12) months.
B. The Director shall also revoke a permit if it is determined that:
1. A permittee gave false or misleading information in the material submitted
during the application process.
2. A permittee or an employee has knowingly allowed possession,use or sale of
controlled substances on the premises.
3.A permittee or an employee has knowingly allowed prostitution on the
premises.
4.A permittee or an employee knowingly operated the sexually-oriented business
during a period of time when the permittee's permit was suspended.
5. A permittee or an employee has knowingly allowed any act of sexual
intercourse, sodomy,oral copulation,masturbation or other sexual conduct to occur in or on
the premises.
6. A permittee is delinquent in the payment to the City or State for any taxes or
fees past due.
7. The owner or operator of the establishment knowingly allowed a person
under eighteen (18)years of age to enter an establishment.
8. There was a change of owner or operator for which a transfer application
was not filed in a timely manner.
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C. When the Director revokes a permit,the revocation shall continue for one year,
and the permittee shall not be issued a sexually-oriented business permit for one year from
the date revocation became effective. If, subsequent to revocation,the Director fords that
the basis for the revocation has been corrected or abated,the applicant may be granted a
permit if at least ninety(90) days has elapsed since the date the revocation became effective.
Section 11 Transfer of Permit. A permittee shall not transfer the permit to
another,nor shall a permittee operate a sexually-oriented business under the authority of a
permit at any place other than the address designated in the application.
Section 12. Location Restrictions. Sexually-oriented business shall be permitted in
any M-2 zoned commercial district,provided that:
A. The sexually-oriented business may not be operated within 1,000 feet of:
1. A church, synagogue or regular place of religious worship;
2. A public or private elementary or secondary school;
3. A boundary of any residential district; •
4. A public park;
5. A licensed day-care center; or
6. Another sexually-oriented business.
B. A sexually-oriented business may not be operated in the same building, structure
or portion thereof, containing another sexually-oriented business.
C. For the purpose of this section,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 a part of the premises where a sexually-oriented business is conducted,
to the nearest property line of the premises of a church, synagogue,regular place of worship
or public or private elementary or secondary school or to the nearest boundary of an
affected public park,residential district or residential lot, or licensed day-care center.
D. For purposes of subsection C. of this section,the distance between any two
sexually-oriented business uses shall be measured in a straight line,without regard to
intervening structures or objects, from the closest exterior wall of the structure in which
each business is located.
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Section 13. Nonconforming Uses.
A. Any business lawfully operating on the effective date of the ordinance codified in
this ordinance that is in violation of the configuration requirements with regard to structure
and location contained in this ordinance shall be deemed a nonconforming use. The
nonconforming use will be permitted to continue for a period not to exceed two years,
unless sooner terminated for any reason or voluntarily discontinued for a period of thirty
(30) days or more. Such nonconforming uses shall not be increased, enlarged,extended or
altered except that the use may be changed to a conforming use. If two or more sexually-
oriented businesses are within 1,000 feet of one another and otherwise in a permissible
location,the sexually-oriented business that was first established and continually operating at
a particular location is the conforming use and the later established business is
nonconforming.
B. A sexually-oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location,subsequent to the grant or renewal of the
sexually-oriented business permit, of a church, synagogue or regular place of religious
worship,public or private.elementary school or secondary school,licensed day-care center,
public park,or residential district within 1,000 feet of the sexually-oriented business. This
provision applies only to the renewal of a valid permit and does not apply when an
application for a permit is submitted after a permit has expired or has been revoked.
Section 14. Additional Regulations for Adult Motels.
A. Evidence that a sleeping room in a hotel, motel or a similar commercial
establishment has been rented and vacated two or more times in a period of time that is less
than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel
as that term is defined in this ordinance.
B. It is unlawful if a person, as the person in control of a sleeping room in a hotel,
motel or similar commercial establishment that does not have a sexually-oriented business
permit,rents or sub-rents a sleeping room to a person and,within ten (10) hours from the
time the room is rented,rents or sub-rents the same sleeping room again.
For purposes of subsection B of this section,the term"rent" or"sub-rent" means the act of
permitting a room to be occupied for any form of consideration.
Section 15. Regulations Pertaining to Exhibition of Sexually Explicit Films or
Videos. A person who operates or causes to be operated a sexually-oriented business,
other than an adult motel,which exhibits on the premises in a viewing room of less than one
hundred fifty(150) square feet of floor space, a film,video cassette, or other video
reproduction that depicts "specified sexual activities" or"specified anatomical areas", shall
comply with the following requirements:
A. Upon application for a sexually-oriented permit,the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the location of
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one or more manager's stations and the location of all overhead lighting fixtures and
designating any portion of the premises in which patrons will not be permitted. A manager's
station may not exceed thirty-two (32) square feet of floor area. The diagram shall also
designate the place at which the permit will be conspicuously posted, if granted. A
professionally prepared diagram in the nature of an engineer's or architect's blueprint shall
not be required;however, each diagram should be oriented to the north or to some
designated street or object and should be drawn to a designated scale or with marked .
dimensions sufficient to show the various internal dimensions of all areas of the interior of
the premises to an accuracy of plus or minus six (6) inches. The Director may waive the
foregoing diagram for renewal applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration of the premises has not been altered
since it was prepared.
B. The application shall be sworn to be true and correct by the applicant.
C. No alteration in the configuration or location of a manager's station may be made
without the prior approval of the Director.
D. It is the duty of the owners and operator of the premises to ensure that at least
one employee is on duty and situated in each manager's station at all times that any patron is
present inside the premises.
E. The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any
patron is permitted access for any purpose excluding restrooms. Restrooms may not contain
video reproduction equipment. If the premises has two or more manager's stations
designated,then the interior of the premises shall be configured in such a manner that there
• is an unobstructed view of each area of the premises to which any patron is permitted access
for any purpose from at least one of the manager's stations. The view required in this
subsection must be by direct line of sight from the manager's station.
F. It shall be the duty of the owners and operator,and it shall also be the duty of
any agents and employees present in the premises,to ensure that the view area specified in
Subsection E remains unobstructed by any doors,walls,merchandise, display racks or other
materials at all times and to ensure that no patron is permitted access to any area of the
premises that has been designated as an area in which patrons will not be permitted in the
application filed pursuant to subsection A of this section.
G. No viewing room may be occupied by more than one person at any time.
H. The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access to an illumination of
not less than one foot-candle as measured at the floor level.
I. It shall be the duty of the owners and operator,and it shall also be the duty of any
agents and employees present in the premises,to ensure that the illumination described
above is maintained at all times that any patron is present in the premises.
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Section 16. Exterior Portions of Sexually-Oriented Businesses.
A. It is unlawful for an owner or operator of a sexually-oriented business to allow
the merchandise or activities of the establishment to be visible from a point outside the
establishment:
B. It is unlawful for the owner or operator of a sexually-oriented business to allow
the exterior portion of the sexually-oriented business to have flashing lights, or any words,
lettering,photographs, silhouettes,drawings or pictorial representations of any manner
except to the extent permitted by the provisions of this ordinance.
C. It is unlawful for the owner or operator`of a sexually-oriented business to allow
exterior portions of the establishment to be painted any color other than a single achromatic
color. This provision shall not apply to a sexually-oriented business if the following
conditions are met:
1. The establishment is a part of a commercial multi-unit center; and
2. The exterior portions of each individual unit in the commercial multi-unit
center,including the exterior portions of the business, are painted the same color as one
another or are painted in such a way so as to be a component of the overall architectural
style or pattern of the commercial multi-unit center.
3. Nothing in this ordinance shall be construed to require the painting of an
otherwise unpainted exterior portion of a sexually-oriented business.
Section 17. Signage.
A. Notwithstanding any other City ordinance, code or regulation to the contrary,it
is unlawful for the owner or operator of any sexually-oriented business or any other person
to erect, construct, or maintain any sign for the sexually-oriented business other than the one
primary sign and one secondary sign, as provided herein.
B. Primary signs shall have no more than two (2) display surfaces. Each such
display surface shall:
1. Not contain any flashing lights;
2. Be a flat plane,rectangular in shape;
3.Not exceed seventy-five (75) square feet in area; and
4.Not exceed ten (10) feet in height or ten (10) feet in length.
C. Primary signs shall contain no photographs, silhouettes, drawings or pictorial
' representations in any manner, and may contain only the name of the enterprise.
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D. Each letter forming a word on a primary sign shall be of solid color and each
such letter shall be the same print-type, size and color. The background behind such
lettering on the display surface of a primary sign shall be of a uniform and solid color.
E. Secondary signs shall have only one display surface. Such display surface shall:.
1. Be a flat plane,rectangular in shape;
2. Not exceed twenty(20) square feet in area;
3. Not exceed five (5) feet in height and four(4) feet in width; and
4. Be affixed or attached to any wall or door of the enterprise.
F. The provisions of Paragraph B, Subsection 1 and Subsections C and D shall also
apply to secondary signs.
Section 18. Persons Younger than Eighteen Prohibited.
A. It is unlawful to allow a person who is younger than eighteen (18)years of age to
enter or be on the premises of a sexually-oriented business at any time that the sexually-
oriented business is open for business.
B. It shall be the duty of the operator of each sexually-oriented business to ensure
that an attendant is stationed at each public entrance to the sexually-oriented business at all
times during regular business hours. It shall be the duty of the attendant to prohibit any
person under the age of eighteen (18)years from entering the sexually-oriented business. It
shall be presumed that an attendant knew a person was under the age of 18 unless such
attendant asked for and was furnished:
1. A valid operator's commercial operator's or chauffeur's driver's license; or
2. A valid personal identification certificate issued by the State reflecting that
such person is 18 years of age or older.
•
Section 19. Massages or Baths Administered by Persons of the Opposite Sex. It is
unlawful for any establishment,regardless of whether it is a public or private facility,to
operate a massage salon, massage parlor or any similar type of business where any physical
contact with the recipient of such services is provided by a person of the opposite sex unless
licensed by the State of Iowa.
Section 20. Consumption of Alcoholic Beverages Prohibited. The permittee of a
sexually-oriented business shall not allow the possession or consumption on premises by any
person of any alcoholic beverage,wine or beer. No person shall possess or consume any
alcoholic beverage,wine or beer on the premises of any sexually-oriented business.
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No. 2002-255
Section 21 Separation of Entertainers and Customers. In the interest of safety,fire
concerns, and order, entertainers performing semi-nude or revealing specified anatomical
areas in an adult cabaret shall appear on a raised platform at least two (2)feet above the level
of the ordinary floor level of the establishment, and be a least six (6) feet apart from any
customer.
Section 22. Notices.
•
A. Any notice required or permitted to be given by the Director or any other City
office, division,department or other agency under this ordinance to any applicant, operator
or owner of an establishment may be given either by personal delivery or by certified United
States mail,postage prepaid,return receipt requested,addressed to the most recent address
as specified in the application for the permit,or transfer application that has been received
by the Director, or any notice of address change that has been received by the Director.
Notices mailed as above shall be deemed given upon their deposit in the United States mail.
In the event that any notice given by mail is returned by the postal service,the Director shall
cause it to be posted at the principal entrance to the establishment.
B. Any notice required or permitted to be given to the Director by any person under
this ordinance shall not be deemed given until and unless it is received in the office of the
Director.
• C. It is the duty of each owner who is designated on the permit application and each
operator to furnish a notice to the Director in writing of any change of residence or mailing
address.
Section 22. Injunction. A person who operates or causes to be operated a sexually-
oriented business without a valid permit or otherwise violates this ordinance is subject to a
suit for injunction as well as prosecution for criminal violations. •
Section 23. Exemptions. The provisions of this ordinance shall not apply to a
theatre, concert hall,art center,museum or similar establishment which is primarily devoted
to the arts or theatrical performances.
Section 24. Penalty Provision. The city may elect, at its sole discretion,to
prosecution any violation either as simple misdemeanor or a municipal infraction.
Section 25. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 26. Severability. If any section,provision, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the ordinance as a whole, or any section,provision, or part thereof not adjudged invalid or
unconstitutional.
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Section 27. Effective Date. This ordinance shall be in effect after its final passage,
approval, and posting as provided by law.
On the 14th day of August 2002, at a regular meeting of the Tiffin City Council, Tiffin, Iowa,
Councilperson
Bartels r to 1 s introduced Ordinance No. 2002-255 0 0 2-2 5 5 , and moved
that it be given its first reading. The motion was seconded by Councilperson
Gericke .
Ayes: Dils, Shaffer, Bartels, GEricke
Nays: None. Absent: Walls
Four members of the council being present and having voted "Aye",Mayor Glenn R. Potter
declared the motion carried, and Ordinance No.2 0 0 2-2 5 5 , was read the first time and
discussed and placed on record.
Thereupon, it was moved by Councilperson Shaffer and seconded by
Councilperson Bartels that the laws and rules providing
that ordinances be considered and voted on for passage at two council meetings prior to the
meeting at which it is to be finally passed be suspended and dispensed with and that
Ordinance No. 2 0 0 2-2 5 5 be placed on its last reading.
Ayes: Bartels, Shaffer, Dils and Gericke
Nays: None. Absent: Walls
Fourmembers of the council being present and having voted "Aye",Mayor Glenn R. Potter
declared the motion carried, and Ordinance No. 2 0 02-255 , was then placed on its last
reading and was read the last time.
Thereupon, it was moved by Councilperson Di 1 s and seconded by
Councilperson Shaffer that Ordinance No.
2002-2S5 be placed upon its final passage and adopted.
Ayes: Dils, GEricke, Shaffer and Bartels
Nays: None. Absent: Walls
Four members of the council being present and having voted "Aye",Mayor Glenn R. Potter
declared the motion carried, and the ordinance was passed and adopted.
Whereupon, the mayor declared that Ordinance No. 2002-255 be adopted and
signified his approval of same by fixing his signature thereto.
Passed by the council on the 14th day of August 2002 and approved by the mayor on the 14th
day of August 2002.
Aiif
-GLE N R. PO TER,Mayor
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{
A'1'1'.ST:
• `v GV B. • I 'i11V City Clerk
I, clerk of the City of Tiffin, Iowa, state that an ordinance entitled An Ordinance Regulating
The Operation Of Sexually-Oriented Businesses Within The City Of Tiffin and known as
Ordinance No. 20 02-2 5 5 was duly passed by the council on the 14th day of August
2002, and signed by the mayor on the 14th day of August 2002, and published on the 1&121 s t
day of August 2002, by posting copies thereof in three public places within the limits of the
city of Tiffin,Iowa.
That I posted copies of Ordinance No. 2 0 0 2-2 55 in the following places:
Morgan's Service
On the Go Convenience Store
Solon State Bank of Tiffin
// �- �._
• ' r ' B. REIH ,City Clerk
•
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