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London City Council approves adult entertainment ordinance

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London City Council approves adult entertainment ordinance

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In a special-called meeting of the London City Council on Friday, the five council members approved the city’s newest ordinance – which outlines the policies for adult entertainment establishments in London.

Prior to the meeting, City Attorney Larry Bryson and Mayor Troy Rudder confirmed that the city had received a letter inquiring about establishing such a facility within city limits. Ordinance 2021-09 was therefore composed to regulate any such operations.

The ordinance does state that the ordinance is not intended to discourage such establishments from locating in London, but rather to ensure that such facilities do not locate in residential or educational areas.

“It is not the purpose of this Ordinance to establish community standards on obscenity nor to permit persons to engage in any activity which is in violation of law, including but not limited to, state laws pertaining to the advertising, promotion, distribution or sale of obscene matter or matters portraying a sexual performance by a minor, or state laws pertaining to the use of a minor in a sexual performance or promotion of sexual performance by a minor, or the use of a minor to distribute material portraying sexual performance by a minor.”

It also states that the purpose of the ordinance is to regulate adult entertainment businesses “to promote the health, safety and general welfare of the citizens of London and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within London……It is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment…….Sexually oriented adult entertainment businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on property values, urban blight, pornographic litter and sexual assault and exploitation.”

Under this ordinance, persons wishing to establish an adult entertainment facility in London must follow these guidelines:

• No pictures of sexual activities within public view from the outside of the business;

• Any employee in such business must be at least 21 years of age;

• No one under age 21 will be permitted inside the premises;

• Business cannot be open between the hours of midnight to 9 a.m.

• May have only one sign outside, flush with the wall, facial style and not to be over 10 feet in length from the ground and 3 feet wide, with no flashing lights and with no pictures emphasizing sexual activities;

• Any adult amusement arcade with a wall or partition containing a viewing screen must be constructed of one fire-restrictive material and should have no holes, openings or other perforations.

• No adult entertainment facility shall be located within 500 feet of any building containing a public or private elementary, middle or secondary school, institution of higher education or business college, or any park-mall or park-like area of open space under the control of a governmental agency, or any building used as a place of religious worship, or any building used for a governmental function or public library.

• The public entrance to an adult entertainment facility shall not be located within 500 feet of the public entrance of another adult entertainment establishment.

• No patron, employee or other person will appear in a state of nudity, regardless of whether such public nudity is expressive in nature.

• A semi-nude employee must remain at least 6 feet from customers and on a fixed stage of at least 18 inches off the floor.

• Any employee who regularly appears semi-nude is prohibited from touching a customer or the clothing of a customer.

• No employee, while semi-nude in an adult business, is to receive any pay or gratuity while inside the business.

The ordinance outlines offenses in which the Code Enforcement Officer can inspect and cite businesses of that nature for any violations of the ordinance.

Council members questioned the 500 feet restriction, stating that it had been discussed during the monthly meeting in which the first reading of the ordinance was presented. Councilman Daniel Carmack said he thought the restriction for location of such businesses to 1,000 feet from the above-named facilities; however, other council members stated they recalled the discussion but did not list it as one of the changes.

Bryson and Rudder then said the change could be made through an amendment once the ordinance went into effect, which will be when it is published in the local newspaper.

The council then went into executive session to discuss litigation, which was listed on the agenda as the Bowling Family singing group. However, no action could be taken on the issue as it was not listed on the agenda, that cannot address any item other than what is listed for a special-called meeting.

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