On the Beat in Bluffton

Wednesday, February 22, 2012

County and city officials pass ordinance regulating adult-business licensing

After an adult bookstore had expressed interest in opening a business in Wells County, both county commissioners and members of the Bluffton Common Council Tuesday approved licensing ordinances that regulate where and how adult businesses, such as bookstores, can operate.

The ordinance specifies the distances such business must be from schools, parks, residential areas and more, and it also contains several other provisions.

• No person shall cause or permit the establishment of any sexually oriented business in the unincorporated areas of the county, as defined above, within 2,640 feet of another sexually oriented business or within 2,640 feet of any religious institution, school, boys' club, girls' club, public park or within 1,000 feet of any residence or property zoned for residential use.
• All Signage and Displays visible from the outside of sexually oriented business shall not include any photographs, silhouettes, drawings, or pictorial representations of nudity, semi-nudity, or sexual activity.
• It shall be unlawful and a person is in violation of this chapter if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for that business under this chapter, between the hours of 11:00 p.m. and 7:00 a.m. of any particular day.
• This section shall not apply to prohibit the operation of businesses licensed by the State Alcoholic Beverage Commissioner during the lawful hours of operation as provided by the State Alcoholic Beverage Commission.
• The granting of a permit to a permittee for a sexually oriented business shall be fore one year and is nontransferable to any other person other than the applicants(s) listed on the application and is valid only for the location listed on the application.
• The application fee for a sexually oriented business permit shall be $100.
• Sexually oriented business permittees and their employees shall permit officers or agents of the county to inspect, from time to time on an occasional basis, the portions of the sexually oriented businesses premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the sexually oriented business is occupied by patrons or is open for business. This section shall be narrowly construed by the county to authorize reasonable inspections of the permitted premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.
• Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 07 above; for renewals, filing of the original survey, if applicable, shall be sufficient.
• A person is in violation of this chapter if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for that business under this chapter, and knowingly or with reasonable cause to know, permits, suffers or allows:
• Admittance of a person under 18 years of age to the business premises;
• A person under 18 years of age to remain at the business premises;
• A person under 18 years of age to purchase goods or services at the business premises; or
• A person who is under 18 years of age to work at the business premises as an employee.
• All off-street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
• Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with the requirements of the county in this chapter, commonly known as the sexually oriented business ordinance, as it may be amended from time to time, or any subsequently enacted county ordinance or regulations.

To learn more about the ordinance — and what must still be done — see the Wednesday, Feb. 22, News-Banner.

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