Ordinances-2002-255

1 a 4 CITY OF TIFFIN ORDINANCE No. 2002- 255 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 Page 1 of 19 S:\ Clients\ Cities\ Tiffin\ ORDINANCES\ ADULT ENTERTAINMENT\ ADULT ENTERTAINMENT 2. doc Last printed 08/ 13/ 02 11: 06 AM kd