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Home My WebLink About1994-05-23 94-238 ORDINANCECOUNCIL ACTION 94-238 S Item No. Date May 23, 1994 Item/Subject: Prohibiting Certain Commercial Displays of Nudity and Sexual Conduct Responsible Department: Commentary: This item was placed on the Council's agenda at the request of City Manager Ed Barrett. u;Od� As- Department Mead Manager's Comments: � ��'�'�Myo,�_„�-/Q,,,,g City Manager Associated Information: Ordinance Finance Director City Solicitor Introduced For NEW BUSINESS Passage x First Reading n Referral40 /1VLn1u.PU'U�If.:H"AI 16,. Page 1 of 3 Assigned to CouneJor CITY OF BANGOR (TITLE.) MXbIttttttCCr Prohibiting Certain commercial Displays of ......... _.... .._.. ......._..... Nudity and Sexual Conduct Be it aadairwd by Nu City Causal of W City o'Banpor," fs0ows: WHEREAS, the City Council of the City of Bangor finds that certain forms of commercial display of nudity and sexual conduct not presently existing within the City of Bangor but proposed to be located here are patently offensive to prevailing community standards within the City of Bangor and lack serious literary, artistic, political or social value; NOW, THEREFORE., By the City Council of the City of Bangor, be it ordained THAT Chapter VII of the Laws and Ordinances of the City of Bangor is hereby amended by the addition of Article 1-A, as follows: "ARTICLE 1-A PROHIBITING CERTAIN COMMERCIAL DISPLAYS OF NUDITY AND SEXUAL CONDUCT Sec. 1 Definitions. For purposes of this ordinance, the terms "nudity", "person", "sado-masochistic abuse", "sexual conduct" andsual excitement" shall be defined as provided in ChapterVII, Article 1, Laws and Ordinances of the City of Bangor. In addition, the following terms shall have the definitions stated: 1.1 Closed areae An area of a building separated by a door, screen, curtain,partition r in any other manner that prevents persons in the same portion of the building from having visual access to the area concerned. 1.2 Commercial establishment: My retail establish- ment offering £ogd, beverages, merchandise, products, orservices for sale to members of the general public, operated as s for-profit business and treated as such for Federal or State tax purposes. 1.3 Display: To make available for on -premises viewing of perusal by patrons, customers or members of the general public. 1.4 Depicting: Containing graphic, photographic, engraved r printed representations with or without accompanying printed or recorded text. Live performances or the display of live persons shall also constitute depictions within the meaning of _ this ordinance. 1.5 Licensed Movie Theater: A commercial establishment regularly operated for the n -premises screening of general release films, movies or videotapes; having a legal seating capacity within its general viewing area of at least 50 persons; and currently processing all licenses and permits required under the City's ordinances or State law. 1.6 Operate: To o lease, manage or supervise operations of a commercial establishment. 1.7 Printed materials; Books, magazines, newspapers, tabloids, periodicals, pamphlets, or any similar materials. Sec. 2 Certain Commercial Displays Prohibited. No person operating a commercial establishment within the City of Bangor shall display, permit, or cause to be displayed any printed materials, films, movies, videotapes, photographs, or Live performances depicting nudity, sado-masochistic abuse, sexual conduct or sexual excitement within any closed area of the establishment concerned. Sec. 3 Exceptions. 3.1 Display of printed materials, films, movies, videotapes or photographs depicting nudity, sexual conduct or sexual excitement within the premises of n educational institution, licensed hospital, clinic, physician's office, or licensed medial treatment facility for education or treatment purposes, e.g. childbirth classes, shall not constitute a violation of this ordinance. 3.2 Display of films or movies depicting nudity, sexual conduct, or sexual excitement within the general viewing area of a licensed movie theater shall net constitute a violation of this ordinance. Sec. 4 Violations. my person who shall violate any provision of this Ordinance shall, upon conviction thereof, be subject to a fine of not less than $30 nor more than $100. each day that a violation continues shall be deemed a separate offense.- 94-238 S A Samf to Cauotilm Blanchette May 23, 1994 'CITY OF BANGOR (TITLE) Mrbi11A1TC14 St habiting Certain Commercial Displays of n Nudity and Sexual Conduct & R m dataad by W CRy Cmnw:l of W CiW WEE sect, ae hWwa• WHEREAS, the City Council of the City of Bangor finds that certain forms of commercial display of nudity and sexual conduct not presently existing within the City of Bangor but proposed to be located here are patently offensive to prevailing community standards within the City of Bangor and lack serious literary, artistic, political or social value; NOW, THEREFORE, By the City Council of the City of Bangor, be it ordained THAT Chapter VII of the Laws and Ordinances of the City of Bangor is hereby amended by the addition of Article 1-A, as follows: "ARTICLE 1-A PROHIBITING CERTAIN COMMERCIAL DISPLAYS OF NUDITY AND SEXUAL CONDUCT Sec. 1 Definitions. For purposes of this ordinance, the terms -nudity", "person", "sado-masochistic abuse", eual conduct" and"sexual excitement-- shall be defined as provided in Chapter VII, Article 1, Laws and Ordinances of the City of Bangor. In addition, the following terms shall have the definitions stated: 1.1 Closed areat An area of a building separated by a door, screen, curtain, partition or in any other mann r that prevents persons in the same portion of the building from having visual access to the area concerned. IN CITY COUNCIL May 23, 1994 First Reading Referred to Municipal Operation, CITY CLERK In City Council dune 13 1994 Amended. by a bstitotion and Passed vote e yes 1 No voting Yea Blanchette Cohen Supper Shubert Soucy Stone Follies, Trier voting No 9aldaccl City C ask 94-238 ORDINANCE ( TITLE.) Prohibiting Certain Commercial Displays of Nudity and Sexual Conduct. �4LIlf June 14, 1994 TO: Bangor City council PROM: Erik Stumpfel, City Solicitor RE: Council Ordinance 94-238 -- Commercial Nudity Ordinance An incorrect version of C.O. 94-238 was included in the City Council's procedural notes last night. The correct version, copy attached, has been filed with the City Clerk. Unless there are objections from any Councilor, the attached version of C.O. 94-238 will be recorded by the City Clerk as having been adopted by the Council at last night's regular Council meeting. If there are any objections, I will bring a corrective item forward for first reading on June 27, 1994. Please excuse this oversight. My office was shuffling a few too many papers yesterday. tc Attachment PC: City Clerk City Manager MIB AID 8803A 022 nqv SIWM V& 25. S.E.S. E'S. - 96-238 1.2 Commercial establishment: My establishment open to members of the general public, operated as a fox -profit business and treated as such for Federal or State tax purposes. 1.3 Display: To make available for viewing, perusal or purchase. 1.4 Depict: Containing graphic, photographic, engraved r printed representations with or without accompanying printed or recorded text. Live performances or the display of live persons shall also constitute depictions within the meaning of this ordinance. 1.5 Qom:" To own, lease, manage or supervise operations of a commercial establishment. 1.6 Printed materials: Books, magazines, newspapers, tabloids, periodicals, pamphlets, or any similar materials. Sec. 2 Certain Commercial Displays Prohibited. No Person operating a commercial establishment within the City of Bangor shall display, permit, or cause to be displayed any printed materials, films, moviesvideotapes, photographs, o live performances depicting nudity, eado-masochistic abuse, sexual conduct or sexual excitement within any closed area of the establishment concerned. Sec. 3 exceptions: Display of materials depicting nudity, sexual conduct or sexual excitement within a closed area of any educational institution, licensed hospital, or other licensed medical treatment facility for education or treatment purposes, e.g, childbirth classes, shall not constitute a violation of this ordinance. Sec. 4 violations: My person who shall violate any provision of this ordinance shall, upon conviction thereof, be subject to a fine of not leas than $10 nor more than $100. each day that a violation continues shall be deemed a separate offense."