SEXUALLY ORIENTED BUSINESSES

Batesville Code of Ordinances ch. 8, art. V

in effect

Batesville Code of Ordinances § 8-101 Purpose and intent.

Sec. 8-101. - Purpose and intent. It is the purpose of this article to regulate sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative material, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials. (Ord. No. 01-02-601, § I, 2-20-01)

Batesville Code of Ordinances § 8-102 Definitions.

Sec. 8-102. - Definitions. Adult arcade means any place to which the public is permitted or invited wherein 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 to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." Adult bookstore or adult video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, any one or more of the following: (1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas;" or (2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store, so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas". A principal business purpose need not be a primary use of an establishment, so long as it is a significant use based upon the visible inventory or commercial activity of the establishment. Adult cabaret means a nightclub, a commercial establishment that sells or otherwise provides food and/or beverages, restaurant, or similar commercial establishment which regularly features: (1) Persons who appear in a state of semi-nudity; or (2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or (3) 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;" or (4) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. Adult motel means a hotel, motel or similar commercial establishment which: (1) Offers accommodation to the public for any form of consideration and 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 "specific anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproduction; and (2) Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or (3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours. Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Alcoholic beverage means any wine, beer, alcohol and distilled spirits as those terms are used in sections 67-1-5 and 67-3-5 of the Mississippi Code of 1972 (Revised 1991) (Supp. 2000), as now enacted or as hereafter amended. Consume or consumption means any ingestion of an alcoholic beverage or the possession of any alcoholic beverage in any type of drinking container or in any bottle, can or other container upon which the seal, cork, or cap has been opened. Director means the city chief of police and such employee(s) of the city police department as he may designate to perform the duties of the director under this article. Escort means a person who, for 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. 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 a fee, tip or other consideration. Establishment means and includes any of the following: (1) The opening or commencement of any sexually oriented business as a new business; (2) The conversion of any existing business, whether or not a sexually oriented business, to any sexually oriented business. (3) The additions of any sexually oriented business to any other existing sexually oriented business; or (4) The relocation of any sexually oriented business. Governing authority means the mayor and board of aldermen of the city. Licensed day-care center means a facility licensed by the state (herein referred to as the state), whether situated within the city or not, that provides care, training, education, custody, treatment or supervision of six (6) or more children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers. Permittee and/or licensee means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license. Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money, or any form of consideration. Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast, without a fully opaque complete covering of the breast below a point immediately above the top of areola, or human male genitals, in a discernibly turgid state, even if completely and opaquely covered. Person means an individual, proprietorship, partnership (including but not limited to a limited partnership, a general partnership, and a limited liability partnership), corporation (including but not limited to business corporations, non-profit corporations, and limited liability companies), association, or other legal entity. Semi-nude means a state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, or female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even is completely and opaquely covered. Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Specified anatomical areas means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals. Specified sexual activities means and includes any of the following: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; or (4) Excretory functions as part of, or in connection with, any of the activities set forth in (1) through (3) above. Transfer of ownership or control of a sexually oriented business means and includes any of the following: (1) The sale, lease or sub-lease of the business; (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. No. 01-02-601, § II, 2-20-01)

Batesville Code of Ordinances § 8-103 Classification.

Sec. 8-103. - Classification. Sexually oriented businesses are classified as follows: (1) Adult arcades; (2) Adult bookstores or adult video stores; (3) Adult cabarets; (4) Adult motels; (5) Adult motion picture theaters; (6) Adult theaters; (7) Escort agencies; (8) Nude model studios; and (9) Sexual encounter centers. (Ord. No. 01-02-601, § III, 2-20-01)

Batesville Code of Ordinances § 8-104 Permit and/or license required.

Sec. 8-104. - Permit and/or license required. (a) It shall be unlawful for a person to operate a sexually oriented business without a valid permit and/or license issued by the director. (b) An application for a permit and/or license must be made on a form provided by the city. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. (c) The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the law by the health department, fire department, building official and zoning official. (d) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit and/or license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten (10) percent, or greater, interest in the business must sign the application for a permit and/or license as applicant. If a corporation is listed as owner of a sexually oriented business, or as the entity which wishes to operate such a business, each individual having a ten (10) percent or greater interest in the corporation must sign the application for a permit and/or license as applicant. (e) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented business permit and/or license. (f) Applications for a permit, whether original or renewal, must be made to the director by the intended operator of the enterprise. Applications must be submitted by hand delivery to the office of the director or the director's designee during regular working hours. Application forms shall be supplied by the director. The intended operator shall be required to give the following information on the application form: (1) a. The name, street address (and mailing address, if different), and Mississippi driver's license number of the intended operator; b. The name and street address (and mailing address, if different) of the owner(s); (2) The name under which the establishment is to be operated and a general description of the services provided; (3) The telephone number of the establishment; (4) The address and legal description of the tract of land on which the establishment is to be located; (5) If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the permit is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the permit is sought; and (6) If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the permit). If the expected startup date is to be more than ten (10) days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same. (g) The application shall be accompanied by the following: (1) Payment of the application fee in full; (2) If the establishment is not an individual, then copies of the documents creating the establishment (certified by the public custodian thereof if same are of public record) together with all amendments thereto (certified by the public custodian thereof if same are of public record); (3) If the establishment is not created under and by virtue of the laws of the state, then a certified copy of the certificate of authority to transact business in this state together with all amendments thereto; (4) Proof of the current fee ownership of the tract of land on which the establishment is to be situated, in the form of a copy of the recorded deed; (5) If the persons identified as the fee owner(s) of the tract of land in item (4) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment; (6) Any of items (2) through (5), above shall not be required for a renewal application, if the applicant states that the documents previously furnished the director with the original application, or previous renewals thereof, remain correct and current. (h) The application shall contain a statement under oath that: (1) The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and, (2) The applicant has read the provisions of this section. (i) A separate application and permit shall be required for each sexually oriented business. (Ord. No. 01-02-601, § IV, 2-20-01)

Batesville Code of Ordinances § 8-105 Issuance of permit and/or license.

Sec. 8-105. - Issuance of permit and/or license. (a) The director shall approve the issuance of a permit and/or license to an applicant within thirty (30) days after receipt of an application, unless he finds one (1) or more of the following to be true: (1) An applicant is under twenty-one (21) years of age; (2) An applicant or an applicant's spouse is overdue in his payment to the city of taxes, fines or penalties assessed against him, or imposed upon him in relation to a sexually oriented business; (3) An applicant has failed to provide information reasonably necessary for issuance of the permit and/or license or has falsely answered a question or request for information on the application form; (4) An applicant is residing with a person who has been denied a permit and/or license by the city to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months; (5) The premise to be used for the sexually oriented business have not been approved by the state or city health department, city fire department, city building official and city zoning official, as being in compliance with applicable laws and ordinances; (6) The permit and/or license fee required by this article has not been paid; (7) An application of the proposed establishment is in violation of, or is not in compliance, with any of the provisions of this article. (8) The premises or location to be used for the sexually oriented business has been issued, or has applied for, a permit or license for the sale and/or on premises consumption of alcoholic beverages of any kind. (b) The permit and/or license, if granted, shall state on its face, the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit and/or license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may easily read at any time. (c) The state or county health department, city fire department, city building official and city zoning official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the director. The certification shall be promptly presented to the director. (d) In the event that the director determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within forty-five (45) days of the receipt of its application by the director, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) days at any time before the notice is issued in order to make modifications necessary to comply with this article. (e) An applicant may appeal the decision of the director, regarding denial to the governing authority by filing a written notice of appeal with the city clerk within fifteen (15) days after the applicant is given notice of the director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The director may submit a memorandum in response to the memorandum filed by the applicant on appeal to the governing authority. After reviewing such memoranda, as well as the director's written decision, if any, and exhibits submitted to the director, the governing authority shall vote to either uphold or overrule the director's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the city clerk receives the notice of appeal. However, all parties shall be required to comply with the director's decision during the pendency of the appeal. (f) No permit or license shall be issued if the premises or location to be used for the sexually oriented business has obtained or applied for a license or permit for the sale and/or on premises consumption of alcoholic beverages of any kind. If subsequent to the issuance of the license or permit provided for in this article, the sexually oriented business shall obtain a license or permit for the sale and/or on premises consumption of alcoholic beverages of any kind then the license/permit issued under this article shall immediately become void and shall no longer be in force and effect. (Ord. No. 01-02-601, § V, 2-20-01)

Batesville Code of Ordinances § 8-106 Fees.

Sec. 8-106. - Fees. The annual fee for a sexually oriented business permit and/or license is five thousand dollars ($5,000.00). This fee is to be used to pay for the cost of the administration and enforcement of this article. (Ord. No. 01-02-601, § VI, 2-20-01)

Batesville Code of Ordinances § 8-107 Inspection.

Sec. 8-107. - Inspection. An applicant, or permittee, and/or licensee shall permit representatives of the city police department, health department, city fire department, city zoning department, or other city, county, or state departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the laws, at any time it is occupied or open for business. (Ord. No. 01-02-601, § VII, 2-20-01)

Batesville Code of Ordinances § 8-108 Expiration of permit and/or license.

Sec. 8-108. - Expiration of permit and/or license. (a) Each permit and/or license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 8-105. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit and/or license will not be affected. (b) When the director denies renewal of a license, the applicant shall not be issued a permit and/or license for one year from the date of denial. If, subsequent to denial, the director finds that the basis of denial of the renewal permit and/or license, has been corrected or abated, the applicant may be granted a permit and/or license, if at least ninety (90) days have elapsed since the date denial became final. (Ord. No. 01-02-601, § VIII, 2-20-01)

Batesville Code of Ordinances § 8-109 Suspension.

Sec. 8-109. - Suspension. The director shall suspend a permit and/or license for a period not to exceed thirty (30) days, if he determines that permittee and/or licensee, or an employee of a permittee and/or licensee has: (1) Violated or is not in compliance with any section of this article; (2) Become impaired or intoxicated through the use of alcoholic beverages, while on the sexually oriented business premises; (3) Refused to allow an inspection of the sexually oriented business premises as authorized by this article; (4) Knowingly permitted gambling by any person on the sexually oriented business premises. (Ord. No. 01-02-601, § IX, 2-20-01)

Batesville Code of Ordinances § 8-110 Revocation.

Sec. 8-110. - Revocation. (a) The director shall revoke a permit and/or license, if a cause of suspension in section 8-109 occurs and the permit and/or license has been suspended within the preceding twelve (12) months. (b) The director shall also revoke a permit and/or license if he determines that: (1) A permittee and/or licensee gave false or misleading information in the material submitted during the application process; (2) A permittee and/or licensee or an employee has knowingly allowed possession, use or sale of an alcoholic beverage or controlled substances on the premises; (3) A permittee and/or licensee or an employee has knowingly allowed prostitution on the premises; (4) A permittee and/or licensee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's and/or licensee's permit and/or license was suspended; (5) A permittee and/or licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in, or on, the permitted and/or licensed premises; (6) A permittee and/or licensee is delinquent in payment to the city or state for any taxes for fees past due; (7) The owner or operator of the permitted establishment knowingly allowed a person under twenty-one (21) years of age to enter an establishment; or (8) That there was a change of owner or operator for which a transfer application was not timely filed. (9) A permittee or licensee has obtained a license or permit for the sale and/or on premises consumption of alcoholic beverages of any kind for the sexually oriented business or the premises or location thereof. (c) When the director revokes a permit and/or license, the revocation shall continue for one (1) year, and the permittee and/or licensee shall not be issued a sexually oriented permit and/or license for one (1) year from the date revocation became effective. If, subsequent to revocation, the director finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit and/or license, if at least ninety (90) days have elapsed since the date the revocation became effective. (d) After denial of an application by the director and governing authority, or denial of a renewal of an application, or suspension or revocation of a permit and/or license by the director, the applicant or licensee or permittee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court. (Ord. No. 01-02-601, § X, 2-20-01)

Batesville Code of Ordinances § 8-111 Transfer of permit and/or license.

Sec. 8-111. - Transfer of permit and/or license. A permittee and/or licensee shall not transfer his permit and/or license to another, nor shall a permittee and/or licensee operate a sexually oriented business under the authority of a permit and/or license at any place other than the address designated in the application. (Ord. No. 01-02-601, § XI, 2-20-01)

Batesville Code of Ordinances § 8-112 Locational restrictions.

Sec. 8-112. - Locational restrictions. Sexually oriented businesses shall be permitted only in districts zoned I-2 as a conditional use, provided that: (1) The sexually oriented business obtains a conditional use permit therefor. (2) The sexually oriented business may not be operated within one thousand (1,000) feet of: a. A church, synagogue or regular place of religious worship; b. A public or private elementary or secondary school; c. A boundary of any residential district; d. A public park; e. A licensed day-care center or a child care facility; f. Another sexually oriented business; or g. An interstate highway or a state highway. (3) A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business. (4) For the purpose of this article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot, or licensed day care center. (5) For purposes of subsection (4) of this section, the distance between any two (2) sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (Ord. No. 01-02-601, § XII, 2-20-01)

Batesville Code of Ordinances § 8-113 Nonconforming uses.

Sec. 8-113. - Nonconforming uses. (a) Any business lawfully operating on the effective date of this article that is in violation of the locational or structural configuration requirements of this article shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another, and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming. (b) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, a child care facility, public park, residential district, interstate highway or state highway within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. (Ord. No. 01-02-601, § XIII, 2-20-01)

Batesville Code of Ordinances § 8-114 Additional regulations for adult motels.

Sec. 8-114. - Additional regulations for adult motels. (a) Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten (10) hours, creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this section. (b) It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented permit and/or license, rents, or subrents a sleeping room to a person, and within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again. (c) For purposes of subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. (Ord. No. 01-02-601, § XIV, 2-20-01)

Batesville Code of Ordinances § 8-115 Regulations pertaining to adult cabarets and/or adult theaters.

Sec. 8-115. - Regulations pertaining to adult cabarets and/or adult theaters. A person who operates or causes to be operated an adult cabaret and/or adult theater shall comply with the following requirements: (1) All dancing shall occur on a platform intended for that purpose which is raised at least two (2) feet from the level of the floor. (2) No dancing shall occur closer than ten (10) feet to any patron. (3) No dancer shall fondle or caress any patron and no patron shall fondle or caress any dancer. (4) No patron shall directly pay or give any gratuity to any dancer and no dancer shall solicit any pay or gratuity from any person. (5) Employees who are serving beverages or food to or who in any other way interact with patrons may not be nude or semi-nude. (Ord. No. 01-02-601, § XV, 2-20-01)

Batesville Code of Ordinances § 8-116 Exterior portions of sexually oriented businesses.

Sec. 8-116. - Exterior portions of sexually oriented businesses. (a) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment. (b) It shall be unlawful for the owner or operator or a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this article. (c) It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business, if the following conditions are met: (1) The establishment is a part of a commercial multi-unit center; and (2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center. (d) Nothing in this section shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business. (Ord. No. 01-02-601, § XVII, 2-20-01)

Batesville Code of Ordinances § 8-117 Signage.

Sec. 8-117. - Signage. (a) Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the owner or operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business, other than the one (1) primary sign and one (1) secondary sign, as provided herein. All signage shall be located on the premise of the sexually oriented business and there shall be no signage located off of said premises. (b) Primary signs shall have no more than two (2) display surfaces. Each such display surface shall: (1) Not contain any flashing lights; (2) Be a flat plane, rectangular in shape; (3) Not exceed seventy-five (75) square feet in area; and (4) Not exceed ten (10) feet in height or ten (10) feet in length. (c) Primary signs shall contain no photographs, silhouettes, drawings, or pictorial representations in any manner, and may contain only the name of the enterprise. (d) Each letter forming a word on a primary sign shall be of solid color. The background behind such letters on the display surface of a primary sign shall be of a uniform and solid color. (e) Secondary signs shall have only one (1) display surface. Such display surface shall: (1) Be a flat plane, rectangular in shape; (2) Not exceed twenty (20) square feet in area; (3) Not exceed five (5) feet in height and four (4) feet in width; and (4) Be affixed or attached to any wall or door of the enterprise. (f) The provisions of subsection (b)(1) and subsections (c) and (d) shall also apply to secondary signs. (Ord. No. 01-02-601, § XVII, 2-20-01)

Batesville Code of Ordinances § 8-118 Persons younger than twenty-one prohibited from entry; attendant required.

Sec. 8-118. - Persons younger than twenty-one prohibited from entry; attendant required. (a) It shall be unlawful to allow a person who is younger than twenty-one (21) years of age to enter or be on the premises of a sexually oriented business at any time that the sexually oriented business is open for business. (b) It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business' regular business hours. It shall be the duty of the attendant to prohibit any person under the age of twenty-one (21) years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of twenty-one (21) years of age unless such attendant asked for and was furnished: (1) A valid operator's, commercial operator's or chauffeur's driver's license; or (2) A valid personal identification certificate issued by the state reflecting that such person is twenty-one (21) years of age or older. (Ord. No. 01-02-601, § XVIII, 2-20-01)

Batesville Code of Ordinances § 8-119 Exemptions.

Sec. 8-119. - Exemptions. It is a defense to prosecution under this article that a person appearing in a state of nudity did so in a modeling class operated: (1) By a proprietary school, licensed by the state, a college, junior college, or university supported entirely or partly by taxation; (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. (Ord. No. 01-02-601, § XIX, 2-20-01)

Batesville Code of Ordinances § 8-120 Notices.

Sec. 8-120. - Notices. (a) Any notice required or permitted to be given by the director or any other city, office, division, department or other agency under this article to any applicant, operator or owner of an establishment may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit, or transfer application which has been received by the director, or any notice of address change which has been received by the director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the director or his designee shall cause it to be posted at the principal entrance to the establishment. (b) Any notice required or permitted to be given to the director by any person under this article shall not be deemed given until and unless it is received in the office of the director. (c) It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the director in writing of any change of residence or mailing address. (Ord. No. 01-02-601, § XX, 2-20-01)

Batesville Code of Ordinances § 8-121 Injunction.

Sec. 8-121. - Injunction. A person who operates or causes to be operated a sexually oriented business without a valid permit and/or license or otherwise violates this article is subject to a suit for injunction as well as prosecution for criminal violations. (Ord. No. 01-02-601, § I, 2-20-01)

Source: City of Batesville, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/batesville/codes/code_of_ordinances?nodeId=COOR_CH8LIBURE_ARTVSEORBUFetched: 10/31/2026