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HomeMy WebLinkAbout~Master - Revising Definition of Adult Entertainment, adding reference to Juice Bars ORDINANCE NO. 3355 AN ORDINANCE TO AMEND THE LAND USE ZONING REGULATIONS OF THE CITY OF AMES,IOWA,BY REPEALING SUBSECTION 29.83(3)OF THE AMES MUNICIPAL CODE AND READOPTING THAT SUBSECTION REVISED TO INCLUDE WITHIN THE DEFINITION OF "ADULT ENTERTAINMENT BUSINESS" THOSE PLACES PRESENTING NUDE PERFORMERS, SOMETIMES CALLED "NICE BARS"; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there is reason to be concerned that a secondary effect of a commercial establishment presenting nude performers is to attract to its location persons with propensities to certain law violations which tends to cause a higher crime rate in such locations;and, WHEREAS,there is reason to be concerned that a secondary effect of such establishments is to have a depressing effect on the value of adjacent real estate;and, WHEREAS,enactment of the following land use zoning regulation to disperse and separate such businesses from land uses with which they are not compatible will leave reasonable alternative locations for such businesses in this City; NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Ames,Iowa: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing Subsection 29.83(3)thereof and readopting that subsection revised to state: 11(3) Definitions. Adult entertainment business means those places of commerce commonly called `adult book stores',i.e.,a commercial establishment having as its stock in trade mostly books,films, video cassettes,magazines and other material which is distinguished or characterized by an emphasis on matter depicting or describing sex acts or`specified anatomical areas'. It also includes commercial establishments commonly called `adult' or `triple x' theater or movie arcade, i.e., places used for presentation for a price,of motion picture films,video cassettes,cable television,or any similar visual media distinguished or characterized by an emphasis on matter depicting,describing or relating to `specified sexual activities'or`specified anatomical areas' for observation by patrons. As used herein, the term`specified sexual activity' means acts of human masturbation,or sexual intercourse in which human sexual organs are shown as so engaged,or acts of fondling or adult touching of human genitals. `Specified anatomical areas', as that expression is used herein,means human genitals or pubic area, when less than entirely and opaquely covered. Adult entertainment business shall also mean those commercial establishments,sometimes called`juice bars',which present as entertainment performers who engage in actual or simulated sex acts upon the premises of the establishment,or performers who expose their genitals or female breast nipple, whether or not any compensation is paid to such performers." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Section 1.9 of the Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. 24th October' Passed this day of 1995. Sandra L. Ryan,City Clerk La y R.Curtis,Mayor 0371