1750ORDINANCE NO. 1750 (03 - 2024)
AN ORDINANCE AMENDING JMC § 5.06.020, RE EFINING AND CLASSIFYING A
SEXUALLY ORIENTED BUSINESS; DECLARIN AN EMERGENCY; AND, FOR
OTHER PURPOSES.
WHEREAS, it has come to the attention of the City Council of the City of Jacksonville,
Arkansas, that it is necessary to update the definition of a sexually oriented business. After due
consideration and review, the following amendment is deemed reasonable and shall be imposed for
the protection and welfare of the citizens of Jacksonville, Arkansas.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL
OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC § 5.06.020 shall be amended to read as follows:
a) Adult Arcade - Any place to which the public is permitted or invited wherein coin-
operated, slug -operated, or electronically, electrically, or mechanically controlled
image -producing devices are maintained to show images to five or fewer viewers at
one time and where the images so displayed are distinguished or characterized by the
depicting or describing of "specified sexual activities" (i) or "specified anatomical
areas" 0).
b) Adult Bookstore or Adult Video Store - A commercial establishment which offers for
sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals, or other printed matter, photographs, films,
motion pictures, video cassettes, video reproductions, slides, and/or other
visual representations which depict or describe "specified sexual activities"
(k) or "specified anatomical areas" (1).
2. Instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities"(k)
c) Adult Cabaret - A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
1. Person(s) who appear in a state or states of nudity;
2. Live performances which are characterized by the exposing of "specified
sexual activities" and/or "specified anatomical areas; or,
3. Films, motion pictures, video cassettes, slides, or other photographic and/or
digital reproductions, which are characterized by the depiction of "specified
sexual activities" and/or "specified anatomical areas.
d) Adult Motion Picture Theater - a commercial establishment, where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
and/or digital reproductions are regularly shown, excluding those rated by the Motion
Picture Association of America, which emphasizes "specified sexual activities"
and/or "specified anatomical areas".
ORDINANCE NO. 1750 (#03 - 2024)
Page Two
e) Adult Theater - A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appearing in a state of nudity of
live performances which are characterized by the exposure of "specified sexual
activities" and/or "specified anatomical areas.
f) Escort Agency - Any person or business association that furnishes, offers to furnish,
or advertises the furnishing of an escort as one (1) of its primary business purposes
for money or any type of consideration.
g) Nude Model Studio - A place where a person who appears in a state of nudity or who
displays a specific anatomical area for observation, sketching, drawing, painting,
sculpture, photography, or otherwise depicted for another for money or any type of
rionsideration.
h) Nudity or State of Nudity.
1. The appearance of the bare human buttocks, anus, male genital, female
genital, or areola of the female breast; or,
2. A state of dress which fails to completely and opaquely cover a human
buttocks, anus, male genital, female genital, or any portion of the areola of
the female breast.
i) Person - An individual, proprietorship, partnership, corporation, association, or other
legal entity.
j) Sexually Oriented Business - An adult arcade, adult bookstore or adult video store,
adult cabaret, adult motion picture theater, adult theater, escort agency, or nude
model studio as the same are defined herein.
k) Specified Sexual Activities.
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks,
or female breast.
1) Specified Anatomical Areas.
1. Less than completely and opaquely covered human genitals, pubic region,
buttocks, and female breast before a point immediately above the top of the
areola; and
2. Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
m) Residential District - Any land within the city limits of Jacksonville, Arkansas, zoned
as R-0, R-1, R-2, R-3, R-4, C-5, R-6, R-7, AHOD, MUOD, and PUD developments.
SECTION TWO: All Ordinances, parts of Ordinances, or previous actions taken by said
Council in conflict herewith are hereby repealed to the extent of such conflict.
SECTION THREE: This Ordinance, necessary for the continued efficient delivery of
public services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should
be implemented immediately to all applicable current and future businesses. Therefore, an
emergency is hereby declared, and this Ordinance shall be in force and effect from and after its date
of passage.
ORDINANCE NO. 1750 (#03 - 2024)
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APPROVED AND ADOPTED THIS 7TH DAY OF MARCH, 2024.
CITY OF JACKSONVILLE, ARKANSAS
ATTEST: JEF E MORE, MAYOR
CLERK
APPROVED AS TO FORM:
ST ANIE FRIEDMAN, CITY ATTORNEY
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