68-2255. Sexually-oriented business highway signs; prohibited in certain areas; restrictions; penalties.
68-2255
68-2255. Sexually-oriented business highway signs;prohibited in certain areas; restrictions; penalties.(a) As used in this section:
(1) "Adult cabaret" means a nightclub, bar, restaurant or similar commercialestablishment which regularly features:
(A) Persons who appear in a state of nudity or semi-nudity;
(B) live performances which are characterized by the exposure of specifiedanatomical areas or by specified sexual activities; or
(C) films, motion pictures, video cassettes, slides or other photographicreproductions which are characterized by the depiction or description ofspecified sexual activities or specified anatomical areas;
(2) "nudity" or a "state of nudity" means the showing of the human male orfemale genitals, pubic area, vulva, anus, anal cleft or cleavage with less thana fully opaque covering, the showing of the female breast with less than afully opaque covering of any part of the nipple or the showing of the coveredmale genitals in a discernibly turgid state;
(3) "semi-nudity" means a state of dress in which opaque clothing fails tocover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple andareola of the female breast below a horizontal line across the top of theareola at its highest point. Semi-nudity shall include the entire lower portionof the female breast, but shall not include any portion of the cleavage of thehuman female breast exhibited by wearing apparel provided the areola is notexposed in whole or part;
(4) "sexually-oriented business" means any business which offers its patronsgoods of which a substantial portion are sexually-oriented materials. Anybusiness where more than 10% of display space is used for sexually-orientedmaterials shall be presumed to be a sexually-oriented business;
(5) "sexually-oriented materials" means any textual, pictorial or threedimensional material that depicts nudity, sexual conduct, sexual excitement orsadomasochistic abuse in a way which is patently offensive to the averageperson applying contemporary adult community standards with respect to what issuitable for minors;
(6) "sign" or "outdoor advertising" means any outdoor sign, display, device,notice, bulletin, figure, painting, drawing, message, placard, poster,billboard or other thing which is designed, intended or used to advertise orinform, any part of the advertising or informative contents of which is locatedwithin an adjacent area, and is visible from the state highway.
(b) No sign or other outdoor advertising, for an adult cabaret orsexually-oriented business shall be located within one mile of any statehighway except if such business is located within one mile of a state highwaythen the business may display a maximum of two exterior signs on the premisesof the business, consisting of one identification sign and one sign solelygiving notice that the premises are off limits to minors. The identificationsign shall be no more than 40 square feet in size and shall include no morethan the following information: Name, street address, telephone number andoperating hours of the business.
(c) Signs existing at the time of the effective date of this act, which didnot conform to the requirements of this section, and amendments thereto, may beallowed to continue as a nonconforming use, but should be made to conformwithin three years from July 1, 2006.
(d) Any owner of such a business who violates the provisions of this sectionshall be guilty of a class C misdemeanor. Each week a violation of this sectioncontinues to exist shall constitute a separate offense.
(e) This section is designed to protect the following public policy interestsof this state, including, but not limited to:
(1) To mitigate the adverse secondary effects of sexually-orientedbusinesses; (2) to improve traffic safety; (3) to limit harm to minors; and (4)to reduce prostitution, crime, juvenile delinquency, deterioration in propertyvalues and lethargy in neighborhood improvement efforts.
(f) The attorney general shall represent the state in all actions andproceedings arising from this section, and amendments thereto. All costsincurred by the attorney general to defend or prosecute this section, includingpayment of all court costs, civil judgments and, if necessary, any attorneysfees, shall be paid from the state general fund.
History: L. 2006, ch. 140, § 1; July 1.