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HomeMy WebLinkAbout2001-04 INDEXED 2001038 567 BK 3789 PG 96 V0 ,e. OFFICIAL RECORDS OF MOHAVE COUNTY . p0 Ar• � JOAN MC CALL, MOHAVE COUNTY RECORDER 06/28/2001 08:08A PAGE 1 OF 6 ti .► MOHAVE COUNTY BOARD OF SUPERVISORS �, RECORDING FEE 0.00 MICROFILMED BOS RESOLUTION NO. 2001-212 A RESOLUTION SETTING FORTH ORDINANCE NO. 2001-04, ADOPTING AN AMENDMENT TO SECTION 33, SEXUALLY ORIENTED BUSINESSES, OF THE MOHAVE COUNTY ZONING ORDINANCE SUCH THAT THE DEFINITIONS COMPLY WITH STATE LAW AND REFERENCES ARE CORRECT. WHEREAS, at their meeting on June 18, 2001 the Board of Supervisors held a public hearing and considered an amendment to Section 33, Sexually Oriented Businesses, of the Mohave County Zoning Ordinance, and WHEREAS, after the Board of Supervisors amended the Mohave County Zoning Ordinance by adding Section 33, the Arizona State Legislature adopted definitions which differed from those in Section 33, and WHEREAS, the definitions in A.R.S. 11-821.G. prevail, potentially leading to confusion on the part of the public and the county, and WHEREAS, during the preparation of the revised definitions, an erroneous cite was identified; and WHEREAS, this amendment was advertised in The Standard, a newspaper published in Kingman and in circulation in Mohave County, on May 30, 2001 and posted throughout Mohave County. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, June 18, 2001, APPROVED Mohave County Ordinance No. 2001-04, an Amendment to Section 33, Sexually Oriented Businesses, as follows and as recommended by the Planning and Zoning Commission r-M HAVE COUNTY BOARD OF SUPERVISORS ATTES ,ssr,c: C\0 0 ti,t, ,-.:',`..,;„. €1—E r-i- ii f. it. Cs 1 _ �� lPete Byers, Chairmkn F �/'/, - -.• i $`Mara ackeii, CTerk rr, $ ,do _ gigfi or ' n j QIIAT D- //4,,h iji11111Ui1�1111\1 • • PAGE OFF BK 3789 PG 97 FEE=2001038567 MOHAVE COUNTY ORDINANCE NO. 2001-04 AN ORDINANCE AMENDING SECTION 33, SEXUALLY ORIENTED BUSINESSES, OF THE MOHAVE COUNTY ZONING ORDINANCE SUCH THAT THE DEFINITIONS COMPLY WITH STATE LAW AND REFERENCES ARE CORRECT. The Mohave County Zoning Ordinance is amended as follows (added language is bolded; deleted language is sem): Delete Section 33.B: Definitions in its entirety. Add a new Section 33.B Definitions, to read as follows: B. Definitions. For the purposes of this section, certain terms and words are defined as follows: 1. "Adult arcade" means any place to which the public is permitted or invited and in which 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 involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms. 2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes: a. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or reproductions, or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas. b. Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities. 3. "Adult live entertainment establishment" means an establishment that features either: a. Persons who appear in a state of nudity. b. Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 4. "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premise PAGE 3 OF 6 BK 3789 PG 98 FEEt2OO1O38567 MOHAVE COUNTY ORDINANCE NO. 2001-04 Page 2 advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours. 5. "Adult motion picture theater" means a commercial establishment in which, for any form of consideration, films, motion pictures, video cassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown. 6. "Adult oriented business" or "Sexually oriented business" means adult arcades, adult bookstores or adult video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios. 7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service. 8. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 9. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1. 10. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended. 11. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 12. "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for fee, tip or other consideration. 13 "Establishment" means and includes the opening or commencement of any adult oriented business as a new business; the conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this chapter; the addition of any of the adult oriented businesses defined in this chapter to any other existing adult oriented business; or the relocation of any such adult oriented business. • PAGE 4 OF 6 BK 3789 PG 99 FEET2001038567 MOHAVE COUNTY ORDINANCE NO. 2001-04 Page 3 14. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to: a. Physicians licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17. b. Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician licensed pursuant to title 32, chapter 13 or 17. c. Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team. d. Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity is limited to the head, face or neck. 15. "Massage therapy" means non-sexual, therapeutic massage offered by an individual that is licensed by a professionally recognized organization such as the National Certification Board from Therapeutic Massage & Bodywork or an establishment licensed, accredited or belongs to a nationally recognized professional organization. 16. "Nude model studio" means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply: a. A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing. b. A student must enroll at least three days in advance of a class in order to participate. c. No more than one nude or seminude model is on premises at one time. PAGE 5 OF b BK 3789 PG 100 FEEt2001033567 MOHAVE COUNTY ORDINANCE NO. 2001-04 Page 4 17. "Nude", "nudity" or"state of nudity" means any of the following: a. The appearance of human anus, genitals or female breast below a point immediately above the top of the areola. b. A state of dress that fails to opaquely cover a human anus, genitals or female breast below a point immediately above the top of the areola. 18. "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. 19. "Principal business purposes" means that a commercial establishment derives fifty per cent or more of its gross income from the sale or rental of items listed in paragraph 2. 20. "Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes. 21. "Public park" or "recreation area" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the county which is under the control, operation, or management of the county park and recreation authorities. 22. "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. 23. "Residential district or use" means a single family, duplex, townhouse, multiple family or mobile park or subdivision and campground as defined in the Mohave County Zoning Ordinances. 24. "School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school. • PAGE 6 OF 6 BK 3789 PG 101 FEE42001038567 MOHAVE COUNTY ORDINANCE NO. 2001-04 Page 5 25. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices. 26. "Specific anatomical areas" means any of the following: a. A human anus, genitals, pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered. b. Male genitals in a discernibly turgid state even if completely and opaquely covered. 27. "Specific sexual activities" means any of the following: a. Human genitals in a state of sexual stimulation or arousal. b. Sex acts, normal or perverted, actual or stimulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy. c. Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast. d. Excretory functions as a part of or in connection with any of the activities under subdivision a, b or c of this paragraph. Amend Section 33.E, Location of Sexually Oriented Businesses,to read as follows: E. Location of Sexually Oriented Businesses. The Mohave County Zoning Ordinance hereby requires that sexually oriented businesses shall be permitted only in zones as provided in Section 33.3C. Permits for sexually oriented businesses shall be required to and governed by the procedures and policies specified in Section 8 et. seq. of this ordinance.