1342 ORDINANCE NO. 1342 ( #9 - 08)
AN ORDINANCE CREATING JMC §5.06; DEFINING AND CLASSIFYINGA
SEXUALLY ORIENTED BUSINESS; MAKING A SEXUALLY ORIENTED
BUSINESS A CONDITIONAL USE; PROVIDING RESTRICTIONS ON THE
LOCATION OFA SEXUALLY ORIENTED BUSINESS; PROVIDING PENALTIES
FOR VIOLATIONS; AMENDING JMC 5518.56.025 AND 18.60.030; 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 establish reasonable and uniform
regulations of a sexually oriented business. After due consideration and review, the
following provisions, regulations, and requirements are deemed reasonable and
shall be imposed for the protection and welfare of the citizens of Jacksonville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC §5.06.010 shall be created to read as follows:
JMC § 5.06.010 - PURPOSE AND INTENT. It is the purpose of this
Ordinance to regulate sexually oriented businesses to promote the health, safety,
and general welfare of the citizens of Jacksonville and to establish reasonable and
uniform regulations of a sexually oriented business within the City. The provisions
of this Ordinance and Chapter have neither the purpose nor the affect of imposing a
limitation or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor affect of this Ordinance
or Chapter to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment or to deny access by distributors and exhibitors
of sexually oriented entertainment to their intended market, unless otherwise
restricted by law.
SECTION TWO: JMC §5.06.020 shall be created to read as follows:
JMC §5.06.020 - SEXUALLY ORIENTED BUSINESS - DEFINITIONS
(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" (j).
(b) Adult Bookstore or Adult Video Store - A commercial establishment
whose principal business purpose is to offer 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" (I).
(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,
Ordinance No. 1342 ( #9 - 08)
Page Two
(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 emphasize "specified sexual activities"
and /or "specified anatomical areas ".
(e) Adu /t 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.
(0 Escort Agency - Any person or business assocation 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 consideration.
(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.
(9 Person - An individual, proprietorship, partnership, corporation,
association, or other legal entity.
0) 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.
(l) 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.
Ordinance Na. 1342 ( #9 — 08)
Page Three
SECTION THREE: JMC 5.06.030 shall be created and shall read as follows:
JMC 5.06.030 - SEXUALLY ORIENTED BUSINESS — CLASSIFICATION. A
sexually oriented business is one classified as follows:
(a) Adult arcade; (b) Adult bookstore and adult video store;
(c) Adult cabaret; (d) Adult motion picture theater;
(e) Adult theater; (0 Escort Agency; and /or,
(9) Nude Model Studio
SECTION FOUR: JMC §5.06.040 shall be created and shall read as follows:
JMC §5.06.040 - ZONING PROVISIONS A sexually oriented business
shall not be allowed in any zoning districts other than M -1 and M -2 where such a
business may be allowed as a Conditional Use subject to the following factors:
(a) No sexually oriented business shall be operated within One Thousand
Feet (1000') of:
(1) A church, synagogue, or other place of religious worship;
(2) A public or private elementary, middle school, secondary or
post - secondary school, pre - school, developmentally disabled training
facility, or child care facility;
(3) A boundary of a residential district (R -0, R -1, R -2, R -3, R -4, R-
5, R -6, R -7, AHOD, MUOD, and PUD developments);
(4) Boundary of a commercially zoned property C -1, C -2, C -3, or C-
-. _ 4:
(5) A private or public park or other recreational facility, family
recreation center (as defined in ACA §5 -27 -226), a bowling alley, a
skating rink, or any other facility or area frequented by children;
(6) A hospital or library; and /or,
(7) Properties listed on the National Register of Historical Places or
local historic districts as identified by the Arkansas Historic
Preservation Program.
(b) A person commits an offense of the terms of this Chapter if the person
causes or permits the operation, establishment, or maintenance of a sexually
oriented business within One Thousand Feet (1000') of another sexually
oriented business or within said distance of any room, building, premises,
places, or establishment that sells or dispenses any alcoholic beverage(s),
which means but is not limited to distilled spirits, wine, or beer.
(c) For the purpose of subsection (a) and (b) above, measurements shall
be made in a straight line, without regard to intervening structures or
objects, from the nearest property line of the sexually oriented business to
the nearest property line of any of the facilities or operations as listed in (a)
or (b).
d) A lawfully operating sexually business shall not be rendered illegal by
the subsequent location of a church, a public or private school, a pre - school,
a child care facility, a private or public park, a family recreation center, a
bowling alley, a skating rink, residential zoning, a residential use, or an
establishment selling or dispensing alcohol.
SECTION FIVE: JMC 5.06.050 shall be created to read as follows:
JMC 5.06.050 - ENFORCEMENT AND PENALTIES ::
(a) The Jacksonville Code Enforcement office and /or the Jacksonville
Police Department are responsible for enforcement of the terms of this
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Ordinance No, 1342 ( #9 - 08)
Page Four
Ordinance. Alleged violators shall be cited into Jacksonville District Court (or
another court of proper authority and jurisdiction) for adjudication of alleged
violators). As well, affidavits of warrant may be issued through the City
Attorney's office for alleged violation(s) as well;
(b) Any person operating or causing to be operated any sexually oriented
business in violation of any part of this Ordinance, upon conviction, is
punishable by a fine of no less than One Hundred Dollars ($100.00) not to
exceed Five Hundred Dollars ($500.00) per violation;
(c) If the violation is, in its nature, continuous with respect to time, the
penalty for allowing the continuance thereof is a fine no less than One
Hundred Dollars ($100.00) and no more than One Thousand Dollars
($1,000.00) for each day that the same act or violation is unlawfully
continued; and,
(d) A person who operates or causes to be operated a sexually oriented
business in violation of this Ordinance will be subject to prosecution of any
alleged violation of the terms of this Ordinance, suit for injunctive relief as
filed by City officials, as well as prosecution for any criminal violations which
may be applicable.
SECTION SIX :: JMC §18.56.025 shall be amended to include a Sexually
Oriented Business as a conditional use under said zoning classification.
SECTION SEVEN: JMC §18.60.030 shall be amended to include a Sexually
Oriented Business as a conditional use under said zoning classification.
SECTION EIGHT: The provisions of this Ordinance are hereby declared to
be severable. If any section, phrase, or provision shall be declared or held invalid,
such invalidity shall not affect the remainder of the sections, phrases, or provisions.
SECTION NINE: All Ordinances and parts of Ordinances in conflict
herewith are hereby repealed to the extent of said conflict.
SECTION TEN: This Ordinance shall be in full force and effect from and
after its passage and approval pursuant to applicable law.
APPROVED AND ADOPTED THIS I !''l DAY OF JULY, 2008.
CITY OF JACKSONVILLE, ARKANSAS
BY: -•••••,, ,
TOMMY SW IM, MAYOR
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