Title 5 - Business Licenses and Regulations

5.05 Adult Businesses

5.05.010 Definitions.

For the purposes of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted:

  1. P.
    "Sexually-Oriented Toys or Novelties" means instruments, devices or paraphernalia which either depict representations of "Specified Anatomical Areas" or are designed or marketed for use in connection with "Specified Sexual Activities." In determining whether an item is "designed or marketed for use" in connection with "Specified Sexual Activities," the following guidelines may be considered:
    1. 1.
      Expert testimony as to the principle use of the item;
    2. 2.
      Evidence concerning the total business of a Person or business establishment and the type of merchandise involved in the business;
    3. 3.
      National and local advertising concerning the use of the item;
    4. 4.
      Evidence of advertising concerning the nature of the business establishment;
    5. 5.
      Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
    6. 6.
      The physical or structural characteristics of the item;
    7. 7.
      The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
  1.   
    Any Person may request an interpretive ruling from the Chief of Police, or his or her designee, as to whether a particular item is considered by the City to be "designed or marketed for use" in connection with "Specified Sexual Activities." An application for an interpretive ruling shall be made in writing on a form provided by the Chief of Police, and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Chief of Police shall issue a written interpretive ruling within ten business days following submission of a completed application. The decision of the Chief of Police may be appealed to the Governing Body within fifteen days following the interpretive ruling by submitting a written notice of appeal to the City Clerk.

Effective on: 1/1/1901