Operations Policy And Procedure Notices #05/98

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Operations Policy And Procedure Notices #05/98

Date:

July 22, 1998

Subject:

Adult Establishment --"Regularly Feature" or "Regularly Expose"

Effective:

Immediately

Purpose:

To provide guidance as to the meaning of the phrases "regularly feature" and "regularly expose"as used in the definition of "adult establishment" in Section 12-10 of the Zoning Resolution.

Reference:

Zoning Resolution Sections 12-10, 32-01, 32-69, 42-01, 42-55, 52-734, 52-77, 72-40

Specifics:

Section 12-10 of the Zoning Resolution ("ZR") defines an adult eating and drinking establishment and an adult theater as establishments that "regularly feature" adult entertainment. ZR §12-10 defines other adult commercial establishments as ones that feature employees who "regularly expose" to patrons parts of their bodies. The Zoning Resolution does not define the word "regularly." In order that the provisions relating to adult establishments be properly enforced, this OPPN sets forth guidelines that clarify the meaning of "regularly feature" and "regularly expose" as follows.

"Regularly feature" or "regularly expose" shall generally apply to those establishments that have adult entertainment on a frequent, on-going basis as established by inspections at multiple times on multiple days. If appropriate, the inspector shall attempt to ascertain whether the adult entertainment is regularly featured at the establishment by considering any of the following or combination thereof:

* observation of entertainment;

* hours of operation;

* posted showtimes;

* advertisement(s);

* sign(s) at the premises;

* any other relevant indicia.

Adult entertainment should be a principal form of entertainment at the establishment. For theaters, adult entertainment should be the principal purpose of the theater showing the adult material. "Regularly feature" or "regularly expose" is not intended to cover establishments that offer adult entertainment on an occasional basis.